I SQUARE INFRASTRUCTURE AND DEVELOPERS (WRONGLY MENTIONED IN IMPUGNED ORDER AS MR I SKYERS INFRASTRUCTURE AND DEVELOPERS) DISTRICT DURG CHHATTISGARH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Revision Petition has been preferred by Defendant No.5 M/s I. Square Infrastructure and Developers questioning the legality and propriety of the order dated 31.03.2018 passed by the trial Court in Civil Suit No.118-A/2014, whereby the suit as framed has been held to be instituted from the date when the leave for its institution has been accorded, while entertaining the issue No.8, under Section 91 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'). The parties to this petition shall be referred hereinafter as per their description in the Court below

(2.) Briefly stated the facts of the case are that the Plaintiff, a registered society, instituted a suit claiming declaration of civil rights and also for protection from public nuisance by way of injunction in a mandatory form with regard to the property in question admeasuring 0.42 acres of land forming part of Khasra No. 406 total admeasuring 5 acres situated at village Risali, Tehsil and District Durg. According to the Plaintiff, the owners of the said property, had applied for a development plan before the Director, Town and Country Planning, Durg and it was sanctioned by the Assistant Director, Town and Country Planning, Durg vide order dated 13.12.1990 under certain terms and conditions stipulated therein. In the said sanctioned order, an open space admeasuring 0.42 acres the suit land, was left for the purpose of garden/children Park and for its development, the Muncipal Corporation, Bhilai has sanctioned a sum of Rs.5,04,651/- vide its order dated 14.05.2008.

(3.) Further claim of the Plaintiff is that the Joint Director, Town and Country Planning, Durg on the basis of an application made by Defendant No.5, namely, M/s I. Square Infrastructures and Developers, a partnership firm, has initiated the proceeding wherein the park area has been reduced to the extent of 50% vide its order dated 14.10.2010 and that by taking undue advantage of it, the said Defendant has started interfering with the said park area with an intention to convert the same into the plots for residential purposes, giving rise to the institution of the revision by the Plaintiff under Section 32 read with Section 72/74 of the Chhattisgarh Nagar tatha Gram Nivesh Adhiniya, 1973 before Defendant No.1, who, in turn, has dismissed the same vide its order dated 26.03.2012 which led to the filing of the petition being WP(PIL) No.42/13. The said petition was disposed of by the Division Bench of this Court vide order dated 11.11.2014 while granting permission to the Plaintiff for filing a civil suit and accordingly the suit in the instant nature for the protection of the children park as granted earlier by the competent authority vide order dated 13.12.1990, which has attained its finality, has been instituted on 24.12.2014 while taking recourse to the provision prescribed under Section 94 of the CPC.