Lp' IH THB HIOH CQUBT O? :JODICAIURE CHI-IAl'TISSARH AT BILASPBS W,e.SO._2J:^. /20Q2 PSl'ITIONER Shyaa Lal Agrawal S/o Late Jay Harayan Agrawal, Aged about 70 years, Director, tSC Baildsrs & Consfcruction Sa) ]..imited, Shyam garket, pandri, R&ipur Mstt. Ralp-ar (CS3 . !V3asus RSSPOHDESTS ^'^Tl,-* ^•'.^'..-"'' <s^<\ •••" --»^ &a- ;>»"'" 1) State of ehhattisgarh ' Tbreagfa the S-scretary, ; Orban Adn'dnistratlon Develop ^' \ -nient DepartiHent, BKS Bhawan, ^-- ..<'AS?'9 Raipur (03). '.•'''t«-y'" ^' •<'" < f& .,•>•", ».y-^i^^ 2)Municipal Corpora.-tion,£aipur ^.••"''....i^,.tt<<'- Thr-ough ttae CoBinussioner, <;'?• .l.G1'' Hunicipal Corporation,Raipuf. c-y 3)The Director, 'Town & Country planning, Raj-pur, DIstrict Ralpt.ir (08). \^ WRIT PSTISION OHDER AiCTICua_J26Zz21_OF_THE__CONS"CITgTIOK__Q5 2 N D I A 1) PartiCulars of petitioner AS isentxoned 'ia the causa titls a.bove, 2) Partlculars of resE!ondea'ts^—-—~' ^/ 'y' ^- As rtientxon ^m^^ 3)^1 ^BI R-ti* s^s sti^lch ^lfttl 3^ •<(t<iict<i, '^tftwre', (siiii«y VFH^.9W/o. tiWWI g,(,,q,---—----------^ sn^r ^BRIT ^riCT couitisel Shri B.P. Sharma, Shri Avaz Naved, Govt and 3. Shri Ashish 3hrivastav|3., counscl for respondent No.2. The lease was granted for No Objection Certific^te froni petitioner was compelled to ^iUife^iH 'ETR^' tf '^^t <E^(+$f< ^3if:g*i3i^r for the petitioner. ^ Advocate, for respondent Nos. 1 Leamed counsel for Ijhe petitioner submitted that on 31.10.1984 a lease agreei^ent was executed between the petitiDner and the Raipur Ipevekipnaent Authority, by which 40,000 sq.ft. of land was allcjtted to the petitioner for 30 years. the piirpose of construcUon of cineraa building. It is furfller subinitted fhat on 28.01.1985 tlie petiLioiier filed aii appli^atloii aloiigwilli tlie map seekiiig the District Magistrate/Collector for starting the cinema the^tre. The said application was not decided by the District Magistrate/Collector m ttme and the ^pproach the State authorities. It is also subinitted that yter m.uch delav thc District •/ Magistrate/Collector has t^nvai'ded the appUcatioii of tiie petitioner to the State orjd in response to the same on 07.09.1989 a letter was islsued by £he Govemment to the District Magistrate/CoUectcj appUcation of the petitionei| r raentioniiig the fact that tlie seekuig No Objection Certt&cate ['Nfifro •» JiI-HC-22 sn^i'gii ft;li??3II^! ^r^i^ ^iitf •>^ - ^l1.^' r>_ ^^. ^vf ^qitiid^ 'g^iRrire, Mcii+iy 'WKW^Tqf^' sn^iTRnw^tT -z. 'TOfeN •wRff•?fe^ ^fSre^n: ^i'siPtCTsn^r has been reject.ed and r.hereal^er on 16.10.1989 a letter was sent by the District Magistrat^ / Collector infonnuig that the No Objection Certlficate as soijight by the'petitioner has been refused on the groi-ind that it Lcamed counscl for the petit^ the petitioner had applied fi |is for the coiamercial purpose. bner subm.itted that thereafter commercial pm'pose and for change of lease deed. The lea^e deed for conimerciol purpose was gfanted but the map waqi not sanctioned by respondent No.l. It is further submittetfr tliat the petitioner has made various representations (Ann^xures P/5 and P/6) but they have not been decided so far. 1 Having considered the facts and circuiustances of the case aiid material uii record, i\. is du'ecled tliat if tlie petitioiiei' makes a deteiled representeflon witl'iin 15 (lays from today before the corapetent authoi^ty, it shall be conaidered and declded by the Secretary conc^rned or the competent authority wift-iin a period of two inonth^1 thereafter, after hearine all the parties concemed. With the albresaid obseif/ations, this writ petition staiids disposed of at fhls stageus '^ Certitlfied copy as per ru^s. AVA'A' ^u Qhat'wt'sh.KiSAy %v|Aea.: Sd/- Fakhruddin Judge [1^tfl^sPf