ASHOK LUNKAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioners pray for setting aside the allotment of the nazul land to the Kayasth Samaj for construction of community hall and further a direction to the respondent authorities to spare 40 ft. wide approach road for the residents of Sun City Colony.

(2.) SHRI Agrawal, learned counsel appearing for the petitioners, submits that petitioners are the partners of the partnership firm namely; Prithvi Developers. The petitioners have built various types of houses as per different strata of the society in the Sun City Colony. The said colony comes within the limits of the Municipal Corporation. Adjacent to the land belonging to the petitioners, there is a nazul land of the State Government bearing nazul sheet No. 123. According to the petitioners, out of the said nazul land, 2200 sq. ft. land has been allotted to the Kayasth Samaj for construction of their community hall by the State Government without affording an opportunity of hearing to the petitioners and without doing the spot inspection by the revenue authorities. The said act of the respondent authorities is illegal, arbitrary and against the principles of natural justice. As per the circular of the State Government dated 29-9-1973 before allotting the land all the persons residing in the nearby vicinity, have to be noticed and after setting their objections, if any, the land may be allotted by the State Government, but the same has not been in the case on hand.

(3.) IT is evident that before allotting the land in question to the respondent No. 7 the respondent authorities issued a notice to the general public inviting objections from them, but no objection has been raised by the general public. Thereafter, the matter was forwarded to the State Government through the District collector. The State Government after considering all the aspects of the matter in its letter and spirit allotted the land in question in favour of the respondent No. 7 for construction of community hall. The petitioners failed to prove their case.