IN Ttffi _HIGH CQORT OF JUDICAtORE AT BIIASPUR(CHHATriSQSAH WRIT PETmON I" ; PETITTONER \a //-~< w ..:>. ^^Y--KV Smt.Ranu Trlvedl wlfe o£ Sanjay Shukla •Occupation-S ervice, presently posted as .1 In Gura Ghasidas 'On-j.versity7 Bllaspur (C.G) w RESPOl-iDENTS 1. Bilaspur Developnenfe- Author.Lty, througb its Chief Executj.ve Of£ices, Vyapar Vihar BJ-laspur .<". .^2. Estate Off.i.cer, Bilaspur- DeveloFment Authorlty* PSTrTION IN THE ARTICtE 226/277 OF THG CONSTITUTION OF._I 3IA_FpR_I3SOANCE _OF V1RIT IN THE NATURE OF MANDAMUS PROHIBITION AND FOR OTHER SVlTKBiS fi&IT OR WRCTS, DIRECTION_ pRDIRECTIONS, ORDSR OR ORDERS. ••'-{WWi, »xf1-M<lti, I'sr^TRTy W.P.Ho.438/2001 Heard Shri Manindra ^hrivastava, learned counsel for ttie petitioner . | Heacd also Shri M.D.^harma, learned counsel for.. the respondent No.l - Bilasjpur Development Authority. Si-iri P.Diwakar, leariaed counsel for the inter- ; veners for other allottees.j Heard also Shri K.Ii.iPandey, learned counsel £or ons o£ tbe allottees. The Houses which ba'^e been allotted ars of mainly three grades namely;) MIG. MIG-1 aad MIG-2. 1 This morning shri M.D.Sharii|a states that as discussed yesterday he has verified hat one MIG-2 Deluxe also la is ready for allotment. Tt^is issue arose yesterday wben we tried to accoromoda-tie the pet.ttioner and tiiat ,r^^^^^^^ is how I bad personally rec|uasted sfari M.D.Sharma to find out tbe possibility o^ allottiag ttiis house to tbe petitioner, if the pet.4.fcioner was willxng to pay higber price for it. It a^pears tbe petitioner is i likely to pay an extra susajof say aboat Ss.SO,OOO/-. Shti Manindca Sbrivlstava, learned counsei for the petitioner on instruct^ons from his client states j -S^ 3»S —-__GRPRJ—FS/330—12/2000—50.000. (Contd,.2.) Xi-HC-22 /- ^ 3^1' ;:TT'n^P?, «Tii<4<16, istcfl^y W.P.N0.438/2001 TTFp^-f "^Tp tF? 20(5 gcitj^t 3Ti*?I1sn? 'i^TW 3;®"!'! wwTi(?a ^Wf.T'^, TITB^ -IT rs^; ijsr ^ 5^^? •STF^'i T^C^ntdT~ordei~3ated—TS at tbe bar now that' the petip^ioner is willing and ree5w • 1 higber prlce» There jis nd dispute as regai houses of ttie categories of ^IIG and MIG-l and also other categories except as r^gards MIG-2 as stated 1 above. Infact, it was moote|d yesterday that if the matter could not be finally Idecided atleast tbe interim order issued on 4.4.2001 shobld be raodified to exclude wholly the categories o£ MIG| and MIG-1. &fter hearing the leajrned counsel representing the partles, this writ petitjl.oB is disposed of as In oriteE to resolve ttie present dispute i -" ~~-~' " -——-- -[" r——— — j ing tbe claim 6f tbe writ pe^itioner as to ber entitle- ! ment to get one house of MIGj-2 category, since it has now been clarifled at the bair that one MIG-2 Deluxe / house -ts available, though ^t higher cost, since the petitionsr i.s ready and willjing to pay the hxgher cost, I direct that tbis hoi^se be allotted to the tffEit petitioner in the peculiar fjacts and circumstances of tbe case and in order to resjolve this dispute once and for all. J^^.tre'l S-;TC?T ^rT fr-ns' s'K'n ^lWi^. »"i;^f-j wts! '^fai^. 's'^s ^Nwih iTa^i ^ fsTS tf- •^- S^frT STJ^ ' (Contd. order dated 19.10^2001) ss i Shri Manincira sbrj.'^astava subraits tbat tbe 1 petitioner may be allowec^ some easier terms of I payment inasmuch as stie i^ not able to pay the whole ] amount at one go. I tbinl^ tbis aspect of the matter will be consJ.derea by the jCompefcent Authorlty in terms of rules prescribed meats are allowed and if 4 in this regard. It is stated at tbd bar that normally instal' uch payment of instalment is the normal way in suchja situation, ttle petitioner be also dealt witb accordingly. 1 In order to resoiv^ the entire mattsr at the tV-L^»ti'''if earliest, it is., ^^^-^that the Bilaspur Development Authority would now proce^d with the allotment expedtti.ously. It is expTsssed at the bar tbat the allottees would like to c^lebrate tbe festival of lights "DiKall" in tbeir ^iew houses. Let the concerned authority do it^ best that the desires of the allottees are fulfiil^d. Certified copy as pex rute^i-^ Sd/- Chief Justice