SURAJMAL AGRAWAL Vs. MUNICIPAL CORPORATION, BILASPUR

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondent- Municipal Corporation, Bilaspur to take immediate action for removal of encroachments and illegal construction on the parking area of Rajiv Plaza Commercial Complex, Bilaspur. He further seeks a direction to take appropriate action against the illegal encroachers.

(2.) THE facts, in brief, as projected by the petitioner are that the petitioner is the leaseholder of the shop No. 23, 24 and 25, situated in Block F of Rajiv Plaza Commercial Complex, Bilaspur. The said commercial complex was constructed by the respondents after it was handed over by the State Government to the respondent/Corporation. The said complex was constructed after approval of the map by the all the concerned departments, which includes construction, parking area, marginal open space, size of the shops and gallery. For the above three shops, three separate agreements were executed between the petitioner and the respondent/Corporation and thereafter, the possession of the shops were handed over to the petitioners in the year 2002. It is the case of the petitioner that just in front of the petitioner's shops, which is a parking area as per the sanctioned map, some of the encroachers i.e. the intervenors in the instant case, have raised illegal constructions and creating hindrance and obstruction to the business of the petitioner which is causing great financial loss. The petitioner made various complaints to the respondent/Corporation for removal of the structures but nothing could be done till date. Thus, this petition seeking a direction, as aforestated.

(3.) ON the other hand, Shri Kachhwaha, learned counsel appearing for the respondent/Corporation would submit that the land over which the illegal construction is situated, belongs to private persons and it is not the land of the State or the respondent/Corporation. Shri Kachhwaha would further submit that one of the intervenor namely Smt. Vimla Devi Khandelwal, who is the owner of plot, moved an application in the year 1999 for construction of shop for which permission was also granted. However, she could not construct the shop, thereafter also, she moved various applications for renewal of the permission which was extended time to time but she could not construct any shop. If the construction is not raised within a permission of one year from the date of permission granted, the same automatically stands cancelled. Thus, all the permissions granted earlier stood cancelled. After construction of the commercial complex, the respondent/Corporation had issued notice to Smt. Vimal Devi Khandelwal but the same was not removed and she filed a civil suit before the Court of 1st Additional District Judge, Bilaspur in which she succeeded to obtain an interim stay order in her favour. The respondent/Corporation has not filed any para-wise reply to the petition, however, during the course of argument, Shri Kachhwaha submitted that the intervenors, who are the land owners, have not been impleaded as party respondent by the petitioner. Thus, this petition may be dismissed on this count alone.