li';, !:!i i' •V\ 'Y: <^ PETITIONER: HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) No.3071 of 2008 M/S Geetanjati Construction (Colonizer, Developer and Suilder) A Partnership Firm registered under Indian Partnership Act, 1956through its partner Sant Ram Sahu, S/o Shri Mutan Ram Sahu, aged 53 years, R/o Geetanjali House, Nehru Nagar, Ameri Road, Bilaspur (CG) -Versus- RESPONDENTS: Stafe of Chhattisgarh, Through Secretary Urban Adminjstration and Development Department, Mantralaya, DKS Bhawan, 2, Commissioner, Bilaspur, Commissioner, Corporation Chhattisgarh Bilaspur, Officer, Corporation, Bilaspur, Chhattisgarh ?CyNo.4317of2008 PETITIQNER: -Versus- RESPONDENTS: M/S Geetanjali Construction (Colonizer, Developer and Suilder) A Partnership Firm regjstered under Jndian Partnership Act, 1956 through its partner Shri Sant Ram Sahu, S/o Shri Mutan Ram Sahu, aged 53 years, R/o Geetanjali , House, Nehru Nagar, Ameri Road, Bliaspur (CG) State of Chhattisgarh, Through Secretary Urban Administration and Page 2 of 6 2. 3. 4. Mantralaya, DKS Bhawan, Raipur, Chhattisgarh Municipal Corporation, Bilaspur, Through Commissioner, Municipal Gorporation, Bilaspur, Chhattisgarh Commissloner, Corporation Chhattisgarh Biiaspur, Devetopment Officer, Municipal Corporation, laspur, Chhattisgarh Writ Petition (0 No.4310 of 2008 PETITIONER: -Versus- RESPONDENTS: 4. M/S Geetanjali Construction (Colonizer, Developer and Builder) A Partnership Firm registered under Indian Partnership Act, 1956 through its partner Shri Sant Ram Sahu, S/o Shri Mutan Ram Sahu, aged 53 years, R/o Geetanjali House, Nehru Nagar, Ameri Road, Bilaspur (CG) State of Chhattisgarh, Through Administration and Oeveiopment Department, Mantralaya, DKS Bhawan, Raipur, Chhattisgarh Corporation, Through Munjcipal Bilaspur, Municipai Bilaspur, Bilaspur, Commissioner, Corporation, Chhattisgarh Commissioner, Corporation Chhattisgarh Development Officer, Corporation, Bilaspur, Chhattisgarh %.-A ^k Page3of6 ^' ^\ Writ Petition fC) No.4309 of 2008 PETITfONER: -Versus- RESPONDENTS: M/S Geetanjali Construction (Coionizer, Developer and iuilder) A Partnership Firm registered under Indian Partnership Act, 1956 through its partner Shri Sant Ram Sahu, S/o Shri Mutan Ram Sahu, aged 53 years, R/o Geetanjali House, Nehru Nagar, Ameri Road, Bilaspur (CG) State of Chhattisgarh, Through Administration and Deveiopment Department, Mantralaya, DKS Bhawan, Raipur, Chhattisgarh 2. 3. 4. Municipal Bilaspur, Commissioner, Corporation, Chhattisgarh Commissioner, Corporation Chhattisgarh Development Corporation, Through Bilaspur, Municipal Bilaspur, Officer, Corporafion, Bilaspur, Chhattisgarh AND Writ Petition (0 No.4363 of 2008 PETITIONER: -Versys- M/S Geetanjali Constrycjtion (Colonizer, Developer 3and Builder) A Partnership Finn reglstered under Indian Partnership Act, 1956 through its partner Shri Sant Ram Sahu, S/o Shri Mutan Ram Sahu, aged 53 years, R/o Geetanjali House, Nehru Nagar, Ameri Road, Bilaspur (CG) Si^Ks9Mtsy{' iS--^"%. ;f.t.1 ;i:^ ' ;)'"^ PaQe4of6 RESPONDENTS: Stateof ChhatSisgarh.Through Secretary Urban Administration and Development Department, Mantraiaya, DKS Bhawan, Raipur, Chhattisgarh Corporation, Through 4. Commissioner, Corporation, Chhattisgarh Commissioner, Corporation Chhattisgarh Deveiopment Munteipat Bilaspur, Officer, Corporation, Silaspur, Chhattisgarh Present: Shri V.C. Ottalwar with Shri Rajeev Shrivastava & Shri Shrivastava, counseifor the petitioner. ShriA.S. ^chhawaha, Advoeate forMunicipa! Corporation, Bitaspur. Sinale Bench: Hon'ble Shri Dhirendra Mishra, J. ORALORDER (16-12-2009) 1 The aforesaid pet'rtions are being disposed of by this common order, as the dispute invotved in these petitions relates to retease of the land reserved for Economicalty Weaker Section (for short 'EWS') of the society. The petitioner has also questioned the legality and validity of adminisfrative instruction dated 26/3/2007 issued by the Urban Administration and Development Department of the State Government whereby a direction has been issued to the Munieipal Corporation, >• Silaspur to defer the impiementation of the notification dated 14th July, 2006 relatina to release of land reserved for EWS of the society in favour ofthe colonizer on deposit of shelter fee atthe rates prescritaed. tnc |^M^N(.:^ ft ./• P&ge5of6 iilE i!|J 2. Shri V.C. Ottalwar with Shri Rajeev Shrivastava, learned counsel appearing on behalf of the petitioner submitted that in view of the subsequent amendment in RuIeslO (1) and (2) of the Chhattisgarh Nagarpatika (Registration ofCotonizer, Terms and Conditions) Rutes, 1998 (for short 'the Rules, 1998'), which has been given retrospective effect W.e.f. 26/3/2007 i.e. from the daf^ of passing of the administrative instructions, the ground for chalienge to the administrative instructions is not available to the petitioner, however, he seeks to withdraw these petitions with liberty to ffle Tresh representation before the Municipat Corporation, Bilaspur as per amended sub-rule (1) & (2) of Rule 10 ofthe Rules, 1998. He further submitted that the Corporation be directed to decide the representation within the specified period. He also submitted that liberty may be reserved to the petitioner to approach this Court again if cause of action still survives. 3. Shri A.S. l^chhawaha, leamedcounset appearing on behalf of Municipal Corporation, Bilaspur submitted that in case, thepetitioner files fresh representation for release of land reserved Tor EWS of the society in the said colonies, the same shal! be considered and decided as per aforesaid amended rules within a period of 3 weeks from the date of receipt of representation. 4. jp view of the submissions made by learned counsel for the parties, the aforesaid petitions are dismissed as withdrawn with liberty to the petitioner to flte fresh representation along with a copy of this order for redressal of their grievances raised in these petitions berore the ticipal Corporation, Bilaspur, within a period of7 days from today. .I\ /^'s-* "•%. 'ffc]!1'^ ^- wss^s^^ • ^ m "Iti '!!fe»X^' Y^^ •^S^3' ^y «S?ian: Page6of6 ^f^ On such representation being made, the same shall beconsidered and decided by the Municjpal Corporation, Bilaspur within a further period of 3 weeks from the date ofreceipt of representation, in accordance with the amended Rulesof 1998. However, liberty is reserved to the petitionerto approach this Court again if causeofaction stilt survives. It is made clear that no coercive steps shall be taken against the petitioner till the representation is decided. Sd/-^.^ Dhirendra Mishra Judge II:!