("^^ IN THE HIGH COURT OF TUDIC^TOREAT BHASPUR CHHATTISGARH W.P. N0. ....2S>.K.?»./'2SW PETITIONERS ,.,.^%" ^cf''" .. •'' ^<ec'-'' ,.. • 1] 2] 3] Smt. Piishpa W/o. Sajandas . Aged'about 42 years, jR/o. Devendra Nagar Raipur. Qmprakash S/o. Jeevanram Aged about 51 yeais R/o. Devendra Nagar Raipur. A. ^ RESPONDENTS ^ .^,A .r^ /^' &^~ •^w ^^ Mahendra Pal Sm^h s/o. AjitSingh Aged about 34 years, K/o. Devendra Nagar Raipur. VERSUS 1] State of Chhattisgarh, Thiough; Secrelary, Environment and Urlian Deyelopment Uepartment/ O.K.S. Bhawan, Mantralaya, Raipur (C.G.) 2] TheMumdpalCorporation, i ^. Raipura bodyincorporated '. ' uader Section7 of tfae CKhattisgal'h Mumcipal CorporationActyt956,havmg perpetual succession and conunon seal having its office at MaIviyaRoad, Raipur. ^y^^'^J^ ^^V^-"^S-- ^,3] 1'^^'" / ^^ ^Lt^Isl^^F^U"""'UF"" 1 ^^- /^() ^^Ae^e^^^^u^w^ ^^^^^^^^ c.1. voit\..o^'J: ^WTPETITIONlINDE&|Aj Tie|fi^^^O^ Commissioner, Miuucipal Corporation Raipur, CONSTrTUTI0NOSWDlA XI-HC-22 sn^TW {?;lN)3fI^T »*li<t>(flg(1 s^ -^nw^, wStww, Rlditi^i 3tl^l4att» —...y..st>.^c>.Ss-/ *11KMtShHlth ••"••"••••••••••••• g^ 200^- ^ii^ie'Kiiwfff^iT A^-2005 Mr. Manoj Paranjpe, couns Mr. G.K; Beriwal, Deputy ^! for the petitioners. lA.dvocate General for the Siats/respondent No.1 4. Mr. B.P. Shanna with Mr. Pjit Singh, couflgsi for respondents No.2 to offte Heard on i.A.No.9' Learned counsei for the p) of this petition, the Raipur DeveK 03-09-2004 jn piace of the Mur(i Raipur Deveiopment Authority ma^ For the ressons mentionlef aiiowed. Leamed counse) for t!1< amendment during the course A!so heard on the merits of|' The petitioners' petition agreement for purchasing a ia< Nos.117/4 & 117/5 situated at one Smt. Vimia Devt Agrav.ral, ati< was executed in favour of Rajesf 19S5. Vimla Dsvi harf executed over the possession of the !and| The aforesaid iand was situat+d Development Authonty in scherrjc Raspur Development Authority, ^n' ths petitioners in the revenue '(il^td'-d-l KIHcfl'^fe^ <KtW( ^sd^tT-311^1 lappiication for impieadment- ^titionsrs submits that during th®pendency ^pment Authority has been reconstituted on (icipa! Corppratipn, Raipur. Therefore, the ^be arrayed as respondent No.4, n|ed in the appiication, j.A.No.990/2005 is R^titioners is directed to sncorporate the day. Ithe case. is Hiat the petitioners entered into an idadmeasuring 0.012 hectareof Khasra F)andari Tarai, Tehsll & District: Raipur, with \id subsequentiy, sate deed (Annexure P-1) Kumar & Mahendra Pa! Singh on 09-10- Isale deed forfuil consideration and handad |at Pandari Tarai, Devendra Nagar, Raipur. m a scheme prepared by the Raipur 1|e No.32 without actjuirfng that iand by the ^nd that fand was recorded in the nsme of i^cord. However, fte petitioners, iater on, ^!) /"- XI-HC-22 sn^rw f^iwsn^r N>Bf^(T St>t|lt>H 3^ »<|]4||<-|<(, 9T(lw|6, Rlcltti^ 311^14a<») , Ct3.'*F> 2-G§'2-./ *ii*iniailith ""•'•••——•w"7^' 200<^- aii^i ^wiwflfer came to know that the RDA witho proceeding of acquisition soid thaj petitioners approached the RDA, petitioners to move an appifeation| petitioners mQveti the RDA, and jand betongmg to theland ownei] subject to the condition that the of cosi to the RDA and sn !ieu of that Jand owners subjectto payment of] The petitioners Jn view of| Annexure P-4 on 20-11-1995, petiiioners were informed &y the intention to acquire the iand by wiiiing to aiioi the deveioped exchange of land were initiated 0} to submit the report. Thereafter,! the report that the tand betonyi acqulred &y the RDA tor cons( petitioners were gsven an yndef Gandhi Commerciai Compiex, H-| ailottsd to them. The petitionet suiamitted applicaiions for allotm^nt submitted by the petitioners hav^ of the aiiotment was passed by (he representetion (Annexure P-8) to| Raipuron 19-07-2004. *Mf<'l<i)^ *114c?l'fffei<il <Rlfeil< ^arf^ffsn^T :^out acquiring that tend and without any land. Coming to know about this fact, the land then the RDA authorities advised the |for exchange of that land. Accordingiy, the jhe RDA passect a resolution by whteh the )s could be acquired by mutuat agreement tnd owners surrender 60% of the iand free 40% of the iand should be aliottsd to the jdevetapment charges. |the ahove decision moved an appjication |and in response fo that appiication the |DA that the De'/etopment Authority had an aflreement and the RDA is ready anct to ihe petitioners. The proceedings for h 15-01-1996 and the Patwari was direcfed |on 10-07-1986 the Patwari had suhmitted Ing to the petitioners has aiready been Tuction of whoiesate cloth market The •standjng that the iand situated at tndira Biock, Piot No.109 to 1 15 has aiready been rs approachsd the respondents and also of the iand, but neither She appllcations been considered nor any order jn respect he resRondents. The petitfoners moyed a the Commissfoner, iviunicipal Corporatjon, ftDA mbtua iarid il •»wun,i'nn»*»' XI-HC-22 ^ 3^r •^ii<iici<<, »Tf)uii<s,|si<')iti^< 3il^i "^sicb , . L<).T,1.0S2-/ *ii*<Mia»<icti'"""••"•••••••••/ff^ 200<^- f=l<)<"""""""""• sn^rw feRTSD^T R!(T%(T SbHI'Sy 3ll^<l SWIigT&fltT -2. Uitimatefy, the petitioners direcied to handover ths vacant Gandhi Commerciai Compiex, No.108 to 115-tielonging to the| handover the vac-ant possession| bearing Khasra Nos.117?18 and Nagar, Raipur. During the courss of th| petitioners was not able to shovj Commercia! Compex, Dsvendra hj has in fact been aliotted tothe peff acquirea by the RDA, betonging to| Learned counsel for the p^ has been reconstituted and the R decidsd ihat 40% of the jand bs, been acquired and they be aj Therefore, he submified that in vl be directed that iftheyare not abit back then thsy shou!d givs 40% 4' Gandhi Commerciai Compex, De^' ths pets'tjoners may bs aiiowed which, iearned coun3et for the Having heard I'earned facts and clrcumstances of the cj detaiied representation raising a| wifhin a period of ten days from t( |iave requested that the respondents bs Ipossession of tha land situatsd at Indira pevendra Nagar, Raipur, H-Block, Piot petitioners, or direct the respondents to |of the iand belonging to the petitioners, 1117/9 rakba'0056 situated at Devendra courtee ':hl'iircl41-l WcfffffelA iRl+dK ^sriwTsn^r Searnea counse! tor tns that ths iand situated at tndira Gandhi jagar, Raipur.H-BSock, Piot No.108 fo 115 ftioners in exchange ofthe iand.which was |the petitioners. ^titioners submitted that recentiy the RDA [DA viae resoiutlon dated 28-12-2004 has liven to those persons whoss iands have iked to pay the development charges. [ew of this cesoluflon aiso the responaents Is to glve the Grigina! iand of the petitioners 'f iand to the petitloners prsferably in Ind'ra 'endra Nagar, Ralpur, and fof that purpose to maks a repressnteiion to ths RDA to iondents have no objection. se! for the parties and havlng regard to the ase. the petitioners are ailowed to mate a their points and grievances to the RDA >day and in turn, the RDA_shall decide the res^ondents ^. ^ XI-HC-22 s^'-iii'siiino, ®Tflwis,Riditiy 3iici?i\iach / iwcil siwvn""" """ 'if^ 2004-- Rl^ •••••••• sn^r^r f^iNTsn^r sh*ii* ulen Soma < ~s -/ »-'.<!y/ "y_s~ q. ; ^ 3l|^| g+dliSKgflg- -^ represantation of ths petitioners wjt|iin the sams in an objeoiive manner petitioners. Jf the RDA reaches to poiicy decisj&n'the petitioners are tand oMhe pefitioners aiready acqi|i the petitioners for aitotment of •W[ Gandhi Commercia! Compex, Dev^r land is nct availabi®,the RDAcail eonsultation with the petitioners. With the directions aforesaidj Consequentiy, M.(VV.)P.No.1| Pa'ties are entitled for c?rtifl^3 two months from the date of receipt of lconsidering a!S the points raised by th® [the conctusion that-in vtew of the RDA's ^ntitled for 40% iand in exchange ofthe |ired, then they can consia'er ths claim of iand preferabty, 'if availabte, in Indlra ^ndra Nagar, Raipur. !n case, particular consicssr the aiiotmsns of other land in <tii<iF(-i<{l-) iiiCTTffteifl'<.Ri*<i]< ^sri^HSD^T - 1 the petition stands ellsposed of. P74/2004 ai'so stands disposed of. Idcopysftftisorder. Sdf- L.C.Bhadoo Judge (•fl^^f^) ....„[. -..