1N THE HI’G‘HbO’URT OF JvDICATURE AT BILAsPUR. iuTv-PETITIoNuc No. é é of 200 1. A.T. Buildcon Private LimiTed, duly ‘RETITIONER'S‘ RESPONDENTS §é§o C Vs i. w 9 / Raipur a company registered under The relevan’r ‘Vpr'ovisions of The Co 'Acr, 1956 regisfered Plaza, Shop No.9 ‘Nagar, Raipu‘r Direc1'or' éhri Trilokchand Bardiya, Shri Trilokchand _of House No.3, Sh Nagar, Raipur. ‘ L Bardiya, of Shri Trilokchand "oged about 26 years; resident . Shailendra of House No.3, Nagar, Raipur. xv . ‘ 1. s/me of mponies having i’rs office of A.T. Through ifs NiTin son of Bardiya, aged abou’r 26 years, resident Nitin Tri‘lokchand Bardiya, son Shankar \/ ai!e"n‘dr‘a ?aV /\ Chhattisgarh', fhr‘ough “the Secretary, Town & ' Counfry Depcrfmenf, D.K.S. fr Mantraluy, Roipur. 2. The ToW’n & Counfr‘y Direc‘ror, Regional limpur (ca) Planning Bhawan, Plonning Deporfmen‘r, fhrough i‘rs Join? Office, x” 3. The Raipur Municipal Corporafion, Raipur, fhrough ifs Commissioner, Municipal Corporafion, Raipur. . The Zone Commissioner, Zone— II , Raipur Municipal Corporation, Raipur. ..AarTi Infrastruc’rure & Buildcon' Limfied, Shankar Nagar, Raipur (earlier known a‘s 'AarTi Buildcon Pvf. LTd.) Through ifg Direcior Shri Rajeev Mundra, aged abouT 28 years, son.~of Shri ,Kailash Nm‘h Mundra, resident of ; Ashoka Toinie-r, Shankar Nagar, ‘ Raipur., ..Shri Shekhar Saraf, son of ,Shri Ramavfoar Saraf, aged abou’r 41 years, residenf of Shankar Nagar, Raipur. .iwRITyETrq-mNUNDEk ARTICLE 226/227 OF TH CONSTITUT'ION OF INDIA E € HIGH COURT OF CHHATTISGARH AT BILASPUR ’ WRIT PETITION (C) No. 1676 of 2009 A.T.Bui1dcon Private Limited, Raipur & another. I VERSUS State of Chhattisgarh & Others’ T RESPONDENTS WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA 'SB: Hon’ble Shri Satish K. AgnihotIiLJ. notice granting reasonable time t ,respond to the notice before taing \ action of demlition f the buildig costructed the lot dispute. o k \¥ o o n n over p in Present: Shri B.P.Sharma, Advocate for the petitioners. Shri A.S.Kachhwaha, Deputy Advocate General for the State/ Respondent No. 1 and'2. Shri Pankaj Agrawal, Advocate for the respondent No. 3 and 4. Shri Ashish Surana, Advocate for the respondent No. 5. Shri Ashish Shrivastava with Shri Harsh Wardhan, Advocates for the respondent No. 6. 7 ORDER ORAL (Passed on 26 day of August, 2010) Challenge in this petition is to the notices dated 17.03.2009 (Annexure } P/8) and 19.03.2009 (Annexure P/9) on the ground that the notices have been issued without following the provisions of section 37 of the Madhya Pradesh/Chhattisgarh Nagar Tatha Grain Nivesh Adhiniyam, V. 1973 (for short ‘the Act, 1973 ’). if ‘- i ,. 2. Learned counsel appearing for the petitioners submits that though'the '1 petitioners have not made any illegal construction and as such, removal of alleged unauthorized construction is not required. However,‘ if the respondent—authorities are of the view that the petitioners have carried out any illegal construction, the petitioner ought to have been issued Shri Sharrna further submits that by the impugned notices dated 17.03.2009 (Annexure P/8) and 19.03.2009 (Annexure P/9), the petitioners have been asked to submit reply and thereafter, according to the petitioner, demolition has started immediately on 22.03.2009. Shri Kachhwaha, learned Deputy Advocate General appearing for the State/respondent No. 1 and 2 submits, that the petitioners have already been issued a notice on 14.01.2008 (Annexure R/5-3), which has neither been challenged nor has been mentioned in the petition with regard to plot bearing Khasra No. 201/ 1 area 0.133 hectare. Shri Shrivastava, learned counsel appearing for the respondent No. 6 submits that the petitioners have wrongly obtained permission of the respondent-authorities by including plot bearing Khasra No. 201/1 area 0.133 hectare of land, belonging to the respondent No. 6 and started raising construction. Thus, the entire act of the petitioners is unauthorized, illegal and the permission granted to the petitioners also deserves to be cancelled. Be that as it may, at this stage, the notices dated 17.03.2009 (Annexure P/8) and 19.03.2009 (Annexure P/9) in respect of plot bearing khasra No. 201/1, area 0.133 hectare, situated at Shankar Nagar, Nagar, / Raipur, only is under consideration in this petition. Thus, at this stage, the petitioners are directed not to raise any construction and maintain status quo in respect of the plot bearing Khasra No. 201/1, area 0.133 hectare, situated at Shankar Nagar, Raipur, and the petitioners would further maintain that no further construction which has a bearing on Khasra No. 201/1 area 0.133 hectare, will also be raised for a period till /