SHRI TAPAN KUMAR GHOSHAL Vs. RAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This writ petition has been brought praying for issuance of appropriate writ directing the respondent No.1 to cancel the allotment of residential plot No.C-54, C-55 and C-56 situated in Devendra Nagar, Raipur and for directing respondents No.7 and 8 to demolish the high-rise commercial complex constructed on these plots.

(2.) The petitioner in person has argued that he was alloted a residential plot identified as D-8 in Sector-4 Devendra Nagar, Raipur of area 1500 square feet by allotment letter dtd. 22/12/1982, for which, a lease- deed was executed. The lease-deed was later on converted into freehold land vide Annexure-P/2. The petitioner has constructed a house on this plot and is residing in the same. It is submitted that on the east side adjacent to the plot of the petitioner, the respondent No.1 has unlawfully alloted three residential plots C-54 of area 2760 sf, C-55 of area 2400 sf and C-56 of 2400 sf. This allocation was made to the members of the same family which was not permissible. The respondent No.7 has got the plots illegally amalgamated in violation of the Municipal laws, Master plan, environmental laws and other laws. The commercial building has been erected on this amalgamated plot in the residential area, which is in clear violation of the Raipur Development Plan(Revised) 2020-21 notified in Chhattisgarh Gazette dtd. 10/8/2012, because of this construction the foundation of the house of the petitioner has suffered damage. The respondents No.7 and 8 have put this construction to commercial use, which is polluting the environment of the residential area. This construction of the respondent No.7 has been made without the approval of fire department and against the Fire Safety Regulated National Building Code, 2016. The petitioner has made representations to respondent No.4, to Secretary Urban Administration and Development, Government of Chhattisgarh and respondent No.2, making complaints of the nuisance and pollution created by the occupants of the building raised by respondents No.7 and 8, but the complaints of the petitioners had not been redressed. However, respondent No.2 has made partial demolition of the building of respondents No.7 and 8 on 4/1/2020. Subsequent to which the respondents No.7 and 8 were allowed to reconstruct and conduct trade activities in the same. It is submitted that the construction of the respondent No.7 and 8 is against the law, rules and regulations and the use of this construction for the commercial activities is also not permissible in the residential area, hence, it is prayed that the petition be allowed and relief be granted to the petitioner.

(3.) Learned counsel for respondent No.1 opposes the submissions and submits that the respondent No.7 has not alloted the concerned plots to respondents No.7 and 8. Respondents No.7 and 8 have purchased the plots from the original alloties, therefore, the allegations made in the petition against the respondent No.1, are baseless, hence, this petition is liable to be dismissed.