^^ •(T HIGH COURT OF CHHATTISGARH AT BIL^SPUR PETITIONER RESPONDENTS WRTT PETmON (C) No. 5678 of2006 . : 1. Manohar Bajaj S/o Late Dr. G.H.Bajaj, AGeda bout 43 years, Resident ofStreetNo. 8 Smdlii Colony, Lal Bagh Rajnandgaon (C.G.) 2. Vinod Kumar Lulla s/o Shyamlal Lulla, Aged about years, Resident ofStreetNo. 8 Sindhi Colony, Lal Bagli, Rajnaiidgaon (C.G.) 3. Prahlad Rai Jethani S'o Late Ghanshyamdas Jethani Aged about 48 years, Resident of Street No. 8 Sindhi Colony, Lal Bagh, Rajnandgaon (C.G.) VERSUS 1. Munieipal Corporation Rajnandgaon through ComniissionerRajnaiidgaon(CG) 2. Assistant Director Town and Country Planning G.E. Road, Rajnandgaon. 3. State of CUhattisgarh Tl-n-ou^i Seeretary Department of Town and Country Plamung Mantralaya DKS Bhavan, Raipur (CG) PETmCMUNDER ARTICLE 226/227 OF THE CONSTrTUTIQN OF INTDLA SB: Hon'ble Shri Satish K. Asirihotri. J. Present: Smt. Smiti Shamia, Advoeate for the petitioner. Shri Anand Shukla, Advocate for the respoadent No. 1. Shri Shashank Thakur, Panel Lawyer for the State/respondents. ORALORDER 2. (Passed on 17m day of Febmary, 2009) Leamed counsel appearing for the petitioners submits that the some pre- fabricated kiosks have been installed wilhin the area pf park i.e. opposite to Sindhi Colony, Street No. 8, Rajnandgaon, which creates nuisance to the public at large. Per contra, the respondent-Corporation submits that the installed kiosks are not within fhe park area as the same are outside the park aad have been installed for tiie purposs of rehabilitation of small shop ow-uers under R. Deendayal Upadhyay Swavlamban Yojna. It is furfher submitted fhat the proposal ofthe Corporation has been approyed by fhe revenue authorities also. •KSi 'ft-^^;^ ,!aaa •^^^ HS ^•^...•^^f':^,-^..:!^^SSSS, ';^ Be fhat as it may, since it involves disputed question of facts, it is, therefore, neeessar^' to direct the State Govemment, respondent No. 2 and the Secretary, Urban Administration- State ofChhattisgarh, to look into the dispute and pass appropriate orders, ifthe kiosks are within fhe park, the same cannot be allowed to continue and other problems which are allegedly created by instailing pre-fabricated kiosks inthe park area. Accordingly, the petition is disposed of with the aforestated direction to do the needfal within a period of eight weeks from the date ofreceipt of a copy ofthis order. 1 Sd/- Satish K. Agnihotri Judge Ainit