^^c^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH HON'BLE SHRI RAJEEVGUPTA HON'BLE SHRI DHIRENDRA 1 Writ Petition (PILt No.7327 of 2007 Manoj Kumar Rathore, S/o Late S.L. Rathore, aged about 39 years, R/o. Near Sunderam Primary Schooi, Kharmoda, P.0. Dadar Khurd, Distt. Korba (C.G.) 1. 2. 3. 4. 6. 7. 8. State of Chhattisgarh, through Secretary, Department of Environment and Housing, D.K.S. Bhawan, Mantralaya, Raipur, District-Raipur Secretary, Department of Urban Body, State of C.G., D.K.S. Bhawan, Mantralaya, Raipur, District- Raipur (C.G.) Municipal Corporation, Korba, through Commissioner, Municipal Corporation, Korba, Distt. Korba (C.G.) Director, Department of Urban and Rura! Investment, Raipur, D.K.S. Bhawan, Mantralaya, Raipur, District -Raipur (C.G.) Deputy Director, Department of Urban and Rural Investment, Korba,District-Korba (C.G.) Collector, District Korba (C.G.) Director, Department of Town and Country Planning, Korba, District- Korba (C.G.) Banwarilal Agrawal, S/o Shridhar Agrawal,aged about 58 years, Durpa Road, Korba, Distt. Korba (C.G.) Writ Petition (PIU Present: Smt Fouzia Mirza, counsel for the petitioner. Shri Vinay Harit, Dy AG for respondents No.1, 2 & 4to 7/State. Shri Sanjay K Agrawai, counsel for respondent No.3 / Municipal Corporation Shri P Diwakar, Senior Advocate with Shri PR Patankar, counsel for respondent No.8. p ]St The following order of the Court was passed by '• Learned counsel forthe parties are heard. j Kumar Rathore, a L!C agent by 2) Petitioner profession, has filed this writ petition styled as Public Interest 1 Litigation for the following reliefs : "7.1 That this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondent N0.3 i.e. Municipal Corporation, Korba to restrain the respondent No.8 from illegally constructing the hotel on the parking place and further to dlsmantle the illegal and unauthorized construction raised so far by the respondent 7.2 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondent No.3 i.e. Municipal Corporation, Korba not to permit any builder to ralse construction on the projection area encroached upon the government land and to raise construction against the provisions of Building Construction Permission Letter and as per the sanctioned map. 7.3 That, in the facts and circumstances of the case, this Hon'ble Court may Idndly be 1 •^ <e- pleased to grant any other reiief or relieves, which it deems fit in the interest ofjustice." 3) Petitioner in substance is alleging that the proposed construction of a hotel by respondent No.8 - Banwarilal Agrawal is not in accordance with the sanctioned plan. 4) On 15.01.2008, Shri P Diwakar, learned Senior Advocate appearing for respondent No.8 gave an undertaking in the fotlowing terms" that a revised/proposed map would be submitted to the authorities by Monday, i.e. 21.01.2008 and that some more portion would be demolished so as further area for car parking can be provided in accordance with the rules." 5) Shri P Diwakar, Senior Advocate submits that some portion of the building has aiready been demolished and now sufficient car parking area is available. Learned Senior counsel further submits that a revised map has also been submitted to the Municipal Corporation. 6) Shri Sanjay K Agrawal, learned counsei for the Municipal Corporation also conflrms that respondent No.8 has submitted a revised map and has also demolished some portion of the building. Learned counse! further submits that the Municipal Corporation wil! ensure that the construction of the hotel by respondent No.8 shall be in accordance with the revised sanctioned plan/map. 7) in view of the above submissions of learned counsel for respondents No.3 - Municipa! Corporation and respondent No.8 - Banwarilal Agrawal, we are satisfied that no further monitoring of the matter in this writ petition filed as PIL, now, is required. 8) The writ petition, thus, stands disposed of. 9) The security amount of Rs.5,000/- deposited by the petitloner be refunded to him. Sd/- ChiefJustice Sd/- Dhirendra Mishra Judge padma ^f