SINGLE BENCH 001 \D IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) N0. MQ O^ / 2011 IN THE IUATTER OF ARTICLE 226 OF THE CONSTITUTION OF INDIA ; BETWEEN PETITIONERS /^/ •• •* v ^y^ /• f\ 7-'*••' .*~\' .0->:^/ -/Pov (£7^ .-'S' if'// .^ A Public Park Samiti, through the General Secretary, Shri Rajendra Pillay, son of Late Shri R.S. Pillay, resident of House No. A-6, Street 15, Ashish Nagar (West), Pragati Nagar (West), Risali, Bhilai, District Durg, Chhattisgarh V. K. Uplapwar, son of Late Shri Gopal Rao Uplapwar, aged about 59 years, resident of House No. A-4, Street 15, Ashish Nagar (West), Pragati Nagar (West), Risali, Bhilai, District Durg, Chhattisgarh Sumit Sarkar, son of Shri Samar Sarkar, aged about 50 years, resident of Plot No. 27, Street 13, Pragati Nagar '(West), Risali, Bhilai, District Durg, Chhattisgarh D. C. Shekhar, son of Late Shri D.K. Murti, aged about 51 years, resident of Plot No. 58, Street 15, Pragati Nagar (West), Risali, Bhilai, District Durg, Chhattisgarh Umakant Kadse, son of Late Shri Shrikrishna Rao Kadse, aged about 61 years, resident of Plot No. 449/7, Street 17, Ashish Nagar (West), Pragati Nagar (West), Risali, Bhilai, District Durg, Chhattisgarh VERSUS RESPONDENTS State of Chhattisgarh, through the Secretary, Department of Housing and Environment, D.K.S. Bhawan, Mantralaya, Raipur, Chhattisgarh Director, Directorate of Town and Country Planning, Raipur, Chhattisgarh cate 002 3. Joint Director, Town and Country Planning, Regional Officer, Durg, District Durg, Chhattisgarh 4. Bhilai Municipal Corporation, Through the Commissioner, Bhilai, District Durg, Chhattisgarh 5. M/s I. Skyers, Infrastructures and Developers, A partnership firm, through its partners (a) Shri N.L. Tushar, son of not known to the petitioners, age not known to the petitioner (b) Shri C.K. Vijayan, son of not known to the petitioners, age not known to the petitioner (c) Smt. Thankam, sgn of not known to the petitioners, age not known to the petitioner ,(d) Smt. Tushara Girish, wife of not known to the petitioners, age not known to the petitioner (e) Shri M.G. Hariharan, son of not known to the petitioners, age not known to the petitioner (f) Shri M.G. Ramesh Babu, son of not. known to the petitioners, age not known to the petitioner All are resident of Ashish Nagar (West) Risali, Bhiali, District Durg, Chhattisgarh WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^OR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OF IVIANDAMUSAND FOR ISSUANCE OF OTHER SUITABLE WRITS, DiRECTION OR DIRECTIONS, ORDER OR ORDERS (1) PARnCUI-AEi&P^-?"^ m ^'^"""""""^. ETiTiONER! HISH COURT OF CHHATT1SOARH : BSLASPUR WR'T PETSTiON (C) N0. 4309 OF 2011 s'""'uDsic ^'sfK i^^miii & uinsrs iESPONDENTS V©fSU3 Stst®c'f Chh^ttlsasrh S; Oth^rs (Writ Psfition under Artlcie 226 of ihe Constitution of india) 1'bie Shri Satish K. Asnihotri, C" :; E" -^i ^*LJ*^T?-l - iUss; £3ttii^u . n ,J. r<ss^°T^ '- ^hn s.r^rsfr^ PS<S<^ A^^r'i^sf^ fftr th^ rs£sfifL'^"^J'£.r !^?t3^iil ." ^?;lii i"~iiiisiiy iL^fi.S, f~\UWiii''Ci^S iVi U i^; ^V).ifit:wt t-Sl , Shri V.V.S.Murthv, C'v'. Advocats Genera! for the State. f S^QK ;DER (ORAL) g" (Passsd on ihis 26'" day of August, 2011) Learned counsei appearing for the petitioner submits that the Detitioner has preferred a revision againstthe orderdated 14.10.2010 passed by the Joint Director, Town & Country Piannlng, Durg, District Durg. On 31.07.2011 aiongvvith i-evision, the petitioner nas aiso prefsrrsd sn appiication for grant of stay, as the private respondents are Interfering with the park and the orders ars being passed by the aut'nonijes, contrari/ to the order passed by the State. in view of thnt, Shri Das, further submits that ths rsvisioning authority rnav be directed to consider nt ieast the appiication for interim reilef at ths eariiest, so that the damage of the park couid be saved during oendencv ofthe revision pection. Shri Murthy, iearned Dy. Advocate Generai appearing for the State submits t'nat since rsvisson te pending, there is no reason asto why the application of the petitionsr for interim rslief couid not be COH3iO©i~80SXpSCIsiiOUSiy. in view of foregotng, the Sscretary, State of Chhattisgarh, Deoartment of Housing &. Environment, is directed to consider the reyision fi!ed by the peiitioner, particuiariy the appiication for grant of interim reiief. m accordance w'ith iaw, on its own merits, as sxpeditiously as possible, preferabry within a period of three weeks. !n vie'w of the sbove, iearned counsei for the petitioner submlts that nothina su"»'ivesfor adiudication in t'nis matter at ihis stage. Accordingiy, the writ petition stands disposed_pr^ Sd/- Satish K. Agnihotn Judge lO'