SWGLE BENCH -/ ^^ BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION fC.l No. 2SQ3 /2011 Petitioners ^'^ ..••- •y ^/~ ^ v^... <w'^' 1. Shatan Bai, aged about 58 years, wife of Shri Mahadev Gond, 2. Smt. Kunti Bai, W/o Shobha Ram, aged about 60 years, ^3. Smt. Shanti Bai, W/o. Yashwant, aged about 46 years, l-"'5u^iA- ^ 4. Smt.Manora Bai W/o. Byter Gond, aged about 55 years, / 5. Smt. Basanti Bai, W/o. Daya Ram, aged about 45 years 6. Suresh Kumar Netam, S/o. Chamru Ram Gond, aged about 50 years All are resident of Ward No.Ol, Nagar Panchayat - Narayanpur, Tah and Distt. Narayanpur (Bastar) VERSUS ^v^\ ^^^'"'c^x f ^•\ ^ ^' -, I c.; Ei& ^a^(ft j e ';$n^' ResDondents y ^ 1. State of Chhattisgarh, Through Secretary, Deptt of Home Affairs, Dau Kalyan Singh Bhawan, Raipur 2. Secretary, Govt of Chhattisgarh, Department of Revenue, Dau Kalyan Singh Bhawan, Raipur (CG) 3. Director General of Police, Police Head Quarter - Raipur (CG) 4. Collector, Distt. Narayanpur (CG) 5. Superintendent of Police, Distt. Narayanpur (CG) 6. Sub Divisional Officer (Rev.) Narayanpur, (CG) WRIt PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^.1 <'"sy .& yv' >^v HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (C) N0.2309 OF 2011 PETITIONERS Shatan Bai & others RESPONDENTS Versus State of Chhattisgarh & others (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri A.N. Bhakta, Advocate for the petitioners. Shri Shashank Thakur, Panel Lawyer for the State. ORDER (Passed on this 14h day ofSeptember, 2011) 1. Heard leamed counsel for the parties. 2. By this petition, the petitioners seek a direction to the respondent authorities not to proceed with the construction works of police residential colony. 3. According to the petitioners, in the year 1987 pattas were issued by the Government in their favour under the Indira Awas Scheme and allotted the houses over the land bearing khasra Nos.603,604 & 16/2. Over the said land, one Government Primary School is located and playground was also provided to the students. However, all of a sudden, in the month of January/February, 2011 the respondent authorities started construction of police residential colony over the land in question by disturbing the playground of the children. Being aggrieved, the petitioners raised objections before the higher authorities stating that without obtaining the necessary No Objection Certificate from the Nagar Panchayat the respondent authorities are proceeding with the construction works in an illegal and ^arbitrary manner. Learned counsel submits that the respondent authorities without considering the objections raised by the petitioners, they used to harass the petitioners. Thus, this petition. On perusal ofthe record, it appears that the Additional Collector, Narayanpur, by memo dated 19-1-2011 (Annexure - P/7) informed that in ward No.1 Nayapara, Narayanpur, the Government land bearing khasra No.16/2 rakba 10.00 acres was entered in the Patwari Record for the purpose of Kosha Udyog Kendra, Narayanpur. In the said land, the school & playground situated admeasuring 15x18 mtr. And 15x5 mtr. According to him, 6.60 acres of land was found vacant, therefore, the same was allotted to the Police Department for construction of residential colony by order dated 3-7-2010. According to the Partwari's report no particular piece of land was kept for the purpose of playground ofthe school. The petitioners have not produced any document or record to show that the police residential colony is being constructed on any land, which has either been allotted under the Indira Awas Scheme or to any one and there is encroachment by the authorities in the said land. Thus, on the basis of mere averments and submissions, it cannot be held that the action of the respondent authorities was an encroachment in the land allotted to others. As an upshot, the writ petition, being bereft of merit, is liable to be and is hereby dismissed. Gowri Sd/- Satish K. Agnihotri Judge