RAJ KUMAR COLLEGE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioners challenge the legality and validity of the order dated 4-12-2001 (Annexure P/10) whereunder, it was proposed to change the land user of 60,000 sq.ft. in Nazul Land Plot Nos. 27, 30 and 31 from commercial to educational (public purpose) east of the petitioner college 40 x 1000 and near the gate on the west side 40 x 500 under the provisions of Section 23 of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short 'the Act, 1973'). It was proposed to invite objections within a period of 15 days from the date of publication in the local daily newspaper. The said proposal was published in the newspaper on 4-12-2001 (Annexure P/11). The petitioners also challenge the legality and validity of the order dated 24-1-2001 (Annexure P/8) whereunder the Principal of the petitioner/Raj Kumar College (for short "the first petitioner") was informed that the land in question reserved for commercial use in the development plan 1991 has been changed, thus, no permission for construction of shops may be granted. Subsequently, the Raipur Development Plan (Revised) 2011, changing the use of said land from commercial to educational and also Raipur Development Plan (Revised) 2021 were also questioned, by amendment of the petition.

(2.) THE facts, in brief, as projected by the petitioners, are that the first petitioner-Raj Kumar College was established in 1882. On 24-10-1964 (Annexure ­ R/1-A), the lease for a period of 30 years was granted to the first petitioner over an area of 54,06,612 sq. ft., which was subsequently renewed till 31.03.2022. On 1-2-1995, the first petitioner entered into agreement with the second petitioner for construction of shops on the northern boundary wall of the first petitioner campus. The first petitioner also executed the contract agreement with the second petitioner on 9-9-1999 (Annexure ­ P/3) for construction on Block No.27 plot No.8, Block No.30 plot No.2 & Block No.31 plot No.2 admeasuring 40 ft x 2080 ft. equivalent to 83,200 sq.ft. situated at college ward No.54 facing G.E. Road, Raipur.

(3.) IN the meantime, the State Government issued a notification on 14-9-2000 inviting objections for change of land use from 'Public and Semi-Public (Educational)' to 'Commercial' in Raipur Development Plan, 1991. According to the petitioners, no objection was filed by the petitioners, as the proposal was for change of land use from educational to commercial. Final notification was issued on 17-10-2000 (Annexure ­ P/5) approving the land use from 'Public and Semi-Public (Educational)' to 'Commercial', Vehicle Parking.