MUNICIPAL CORPORATION Vs. BHUSHAN LAL SAHU

JUDGEMENT

(1.) By this common order, Civil Revisions No. 157/2008, 150/2008, 151/2008, 152/2008, 153/2008, 154/2008, 155/2008, 158/2008, 159/2008 and 160/2008 are disposed of, Learned Counsel for the parties have raised their arguments on the basis of pleadings and documents made in Civil Revision No. 157/2008 and as such the main order is passed in Civil Revision No. 157/2008.

(2.) In this batch of civil revisions, the Petitioner Municipal Corporation, Raipur has called in question the legality and validty of the order dated 19-8-2008 passed by the District Judge, Raipur on an application moved buy the Respondent under Section 387 of the Chhattisgarh Municipal Corporation Act, 1956 (henceforth 'the Act'). By the impugned order dated 19-8-2008, the District Judge has appointed one Shri Satyendra Singh Thakur, Advocate, Raipur as Sarpanch for determination/assessment of damages suffered by the Respondent/tenant on account of loss of business at the time of acquisition of the land-building belonging to the owner and shifting the Respondent/tenant by allotting a shop by way of rehabilitation at home other place.

(3.) The facts of the case are that the Respondent was a tenant of a shop owned by one Budhiyarinbai situated at Amapara, G.E. Road, Raipur. By issuing Gazette Notifications dated 18-4-2001 and 15-9-2006 (as mentioned in paragraph 2 of the impugned order, though copy of the Gazette Notifications are not part of the record of this civil revision), the Municipal Corporation declared that the road from Sharda Chowk to Ampara shall be widened up to 24 meters under the Raipur Development Plan and notices were issued to the shopkeepers for vacating the shop. The Respondent preferred a writ petition bearing Writ Petition (C) No. 1120/2007 to challenge the notices issued to him for vacating the shop. The said writ petition was heard analogously with other connected matters and a common order was passed, the lead case being writ petition (C) No. 257/2007. The said writ petition was disposed of by order dated 29-3-2007 (Annexure P-3). The material part of the order reads thus: