',*.'^ ,y "<%rf ,! ;l ^-,. 1 !'.' th;'3<"72";\ il ^, ms-v | ^-x&^ .•< HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAhA: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLESHRI SUNIL KUMAR SINHA, J W.P. (PIUNo.1375 of 2011 Petitioner P. Chandra s/o Shri D.L. Chandrakar, aged about 47 years, r/o 829, Sundar Nagar, Raipur, C.G. having his office at Dhamtari, district Dhamtari C.G. Respondents SSSsSS VERSUS 1. State of Chhattisgarh through the Secretary, Town & Country Planning Department, D.K.S. Bhavan, Raipur C.G. 2. The Director, Directorate of Town and Country Planning, R.D.A. Building, Shastri Chowk, Raipur, C.G. 3. The Assistant Director, Town & Country Planning, Regional Office, Dhamtari, District Dhamtari C.G. 4. The Collector, Dhamtari, district Dhamtari C.G. 5. The Chief Municipal Officer, Municipal Council, Dhamtari, district Dhamtari C.G. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA Present: Shri Sudeep Agrawal, counsel for the petitioner. Shri Kishore Bhaduri, learned Additional Advocate General for the State/ respondents No. 1 to 4. 'g-'^ ORDER (14th March, 2011) + The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on admission. 2) Petitioner - P. Chandra, an Engineer by profession has filed this writ petition styled as 'Public Interest Litigation' for the following reliefs: "10.1)Thi3 Hon'ble Court may kindly be pleased to pass an order, or issue a direction or necessary command by way of writ of mandamus directing the respondents to implement the Dhamtari Development Plan 2021 in its entirety and in its letter and spirit as framed by the respondents. 10.2) This Hon'ble Court may kindly be pleased to pass an order, issue a direction or necessary command by way of writ of mandamus directing the Respondents to develop the garden as proposed in the Dhamtari Development Plan map dated 07.09.2009. 10.3) This Hon'ble Court may kindly be pleased to pass any other or further orders deemed fitand necessary in the facts and circumstances, in the matter." 3) The petitioner has pressed into service the following grounds, which are contained in paras9.1 to 9.5 ofthewritpetition: "9.1 Because, it is submitted that the Respondent Authorities have misinterpreted the igiili.i.dsaiiii iBB representations dated 30.06.2010 submifted by the petitioner. It is further submitted that vide its representation dated 30.06.2010, the petitioner has not asked for any amendment/ correction in the Dhamtari Development Plan 2021. That, the petitioner, vide its representation dated 30.06.2010, has requested the authorities to implement the Dhamtari Development Plan 2021 in its entirety and develop the garden as proposed for garden in the map dated 07.09.2009 and stop all construction work in the said proposed land for garden. 9.2) Because, the respondent authorities have failed to comply with the statutory provisions of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973, while making and formulating the Dhamtari Development Plan 2021. 9.3) Because, the respondent authorities, have completely ignored the well settled procedure for preparation of development plans as laid down in section 15 of the C.G. Nagar Tatha Gram Nivesh Adhiniyam, 1973. 9.4) Because,the authorities have neither, conducted thesurvey nor prepared an existing land use map, there by diluting the social and noble objectives laid down, for the implementation ofthe Development Plan. 9.5) Because, the manner in which the Development Plan of Dhamtari has been prepared casts a stigma on the route of environmental protection and sustainable Development." ~L—— ii' i ^iiii ifiii iii 1 I'N FIF I'l'/'ii^ss&uasaR. ^t^^KS^-^g 1<-::->--^ 4) On a comparative analysis of the above mentioned reliefs sought by the petitioner in the writ petition and the grounds pressed into service, it becomes apparent that the petitioner though apparently is seeking implementation of the 'Dhamtari Development Plan 2021', in fact, the main thrust in the writ petition is that the 'Dhamtari Development Plan 2021' has been prepared and finalized by the respondents- authorities without following the statutory provisions of Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973. 5) During the course of hearing, it transpired that the petitioner is a resident of Raipur. The petitioner, admittedly, did not raise any objection when the authorities before finalizing the 'Dhamtari Development Plan 2021' invited objections in that behalf under the relevant provisions of law. 'Dhamtari Development Plan 2021' was published in the gazette on 18.04.2008 and the present writ petition has been filed after about three years, on 10.03.2011. 6) For the above-mentioned reasons, we decline to entertain the writ petition filed as 'Public Interest Litigation'. 7) The writ petition, therefore, fails and is hereby dismissed summarily. 8) Security amount of Rs.5,000/- deposited by the petitioner be refunded to the petitioner immediately. Sd/- Chief Justice Sd/- umai ige subbu |i:iini^.1^^i