&i!Mt •^'i''^i&»fc RSTS55»u "i-s'su.in ^^/w^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C| No.^-f^ /2007 PETITIONER /' .^y., .•^y'sC'1- .,.••' \'•.•""-T.J1 r\-'/' Chandra Grih Nirman Sahakari Samiti, Through it Honorary Manager Vinod Kumar Raijada aged about 66 years, S/o Late Raj Bahadur Rayada, R/o Near P.T.S. Opposite Barfani Ashram, G.E. Road, Ra.jnandgaon (C.G^ VERSUS RESPONDENTS The State of Chhattisgarh through it Secretary, Nagriya, Prasfaasan, Avam Vikas Vibhag, D.K.S. Bhawan, Raipur Commissioner, Nagriya, Prashasan, Avam Vifcas Vibhag, R.D.A. Bhawan, Raipur Municipal Corporation, through its Commissioner, Rajnandgaon ^ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITITTION OP INDIA 1- HIGH COURT OF CHHATnSGARH AT BILASPUR Slngle Bench: Hon'ble Mr. Justi.cc Satish K. Aguihotri. Wnt Petition No. 249 of 2007 Shri Parag Kotecha, Advocate for thc pctitioncr. Shri A. S. Kachhawaha, Govenunent Advocate for the respondents No. 1 aad 2. Shri Saajay K. Agarwal, Advocate with Sbzi Saurabh Sharma, Advocate for fhe respondent No.3. ORDER (Passcd on this t4A day ofFehniaiy, 2007) 1. The petitioner, which is a registered Society has filed fhis petition iiapugning the order dated 9.1,2007 (Annexure P/4). The petitioner was directed to haad over 15% i.e. 2773.1 Squarc feet of the land in respect of fhe land situated at Patwan Haltea No. 36, Khasra No. 446/1 to 4, 447/1 aad 2, 448/1 to 4 and Khasra No. 453 ia favoiu- of the Municipal Corporation, Rajnangdaon. 2. The Rule 10 ofThe Chhattisgarh Ns^ar PaKfea (Registration of Colonizer, Teraas aad Conditions) Rules, 1998 was auiended by dated 14.07.2006. The notificatfon reads as under, "1. Aflter sub-rule (1) of the following proviso, shaU be inserted, naniety :- '"Provided any land reserved for fhe peraoas betongiug to ecoaomically weaker sections whk-h had been handed over Petitioner Chandra Grih Nirmaa Sahakari Samit Versus Respondents The State of Ctahattisgarii 8s others 2. ¥- to tfae Muafcipal Corporation/Municipal Councfl/Nagar Panchayat, m accordaace wifh applicable rule at fhat tune by a coloivser for which the cost had bot been paid to the colonizer by the miuiicipalily and which land is vacant may be released by the municipality ia favour ofthe colonizer on deposit ofshelter fee at the rates prescribed above. 2. In sub-rule 7 ofrule 10 tlie following shaB be substituted, namefy :- The Commissioner/Chief Municipal OfiK'er of the conceraed municipality shall collect fhe shelter fee for the municipal area which shaU be deposited by opemng a separate account which shall be under fhe muiiicipalily concemed and for the area out side fhe inunicipal area but located within the planning area offhe concemed town, fhe CoUector shall coltect shelter fee wfaich shatl be deposited by openiag a sepaiate account which shaU be under fhe CoUector. The fands deposited in the said accounte shaB be utflized in accordance with fhe instructions issued toy the State Goverruaent fiom time to tniie." In view of fhe amended rules, the petitioaer undertakes to deposit shelter fee at the rates prescribed under the Rutes. 3. Shri Sanjay K. Agarwal, teamed counsel wifti Shri Saiu-abh t, leamed counsel appearing for fhe Municipal Corporation ^rees wifh the submission made by teamed counsel appearing for the petitioner and submits fhat the Municipal Corpoiation has no objection if the pctition is disposed ofwith the direction to fhe petitioner to deposit the shelter fee at the rate offhe above prescribed rules. 4. In view of fhe Aove-stated facts aud subinissun niade by tfae parties, the petitioner is permitted to deposit the shelter fee at fhe rate prescribed under amended Rules, 1998, -withm a period of four weeks. -'Leamed counsel appearing for ffae c TSE'^^T'^asaSsa Municipal Corporatiou, Rajnaudgaon and State submit fhat the possession of the land has been deliyered aud is with the Miuucipal Corporatfon, The saiae shaU be delivered to the petitioner-Society in casc ofdeposit ofshelter fee. 5. As a result and foregoing reasons, ttus petitfon staads disposed of. There shall be no oider as to costs. Thakur Sd/- Satish K. Agnihotri Judge / T