NEELIMA BELSARIA Vs. STATE OF CHHATTISGARH AND OTHERS.

JUDGEMENT

(1.) The aforesaid three writ petitions arc being disposed off by a common order, as these petitions involve similar issues for consideration and decision.

(2.) The petitioner in W.P. (C) No. 3241 of 2011 -Smt. Neelima Belsariya purchased a parcel of land admeasuring 2.65 acres bearing Khasra No. 125 said to be situated in Village Pal of Lohandiguda Block, District Jagdalpur from one Sumitra Baghel vide registered sale deed dated 20-02-2008. After purchasing the land, the petitioner applied for diversion of the use and purpose of the land by moving an application before the competent authority under Section 172 of the Land Revenue Code, 1959 (In short "the Code"). In the diversion proceedings, an order was passed on 04-08-2008 allowing application and permitting diversion of land from agricultural to residential purpose. According to the petitioner, the land is situated within the limits of Municipal Corporation, Jagdalpur and therefore, situated in urban area and not in non-urban area. Further case of the petitioner is that the use of the land in dispute as per development plan prepared and published under Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (In short "the Adhiniyam of 1973") is residential. The petitioner, therefore, applied for being registered as Colonizer for the purpose of developing residential colony. Vide order dated 31-01-2009, the Deputy Director, Town and Country Planning granted permission to the petitioner. The petitioner applied to the Collector for grant of permission to sell plot, on the basis of registration as colonizer and the permission for development of colony and the Collector passed an order granting such permission on 19-03-2009. The petitioner was thereafter directed by letter dated 27-07-2010 to deposit statutory residence fee. The Deputy Registrar directed the petitioner to pay corporation fee slating that the land is situated in Ward No.37 within the local limits of the Municipal Corporation, Jagdalpur. According to the petitioner, by virtue of notification dated 03-09-2002 of the State Government, amending the territorial limit of the Municipal Corporation, Jagdalpur, the lands of Village Palli have also been included within the local limits of the corporation. In this manner, the petitioner proceeded to develop residential colony and started selling plots to various persons. It was at this stage that the Collector issued a memo dated 25-02-2011 directing subordinate authorities to stay all the proceedings of transfer of sale and purchase relating to lands specified in the enclosed list, in respect of which, high level enquiry is pending. This order was issued in the light of the direction dated 31-08-2010 by the State Government, by which, the Commissioner was directed to identify the cases of legal transactions of sale belonging to aboriginal tribes in the notified area.

(3.) Aggrieved by the action of revenue authorities and the memo issued by the State Government, the petitioner-Smt. Neelima Belsariya filed writ petition W.P.(C) No.3241 of 2011. Another writ petition W.P.(C)No.3509 of 2011 was also filed by some of the purchasers of the plot assailing correctness and legality of the orders and proceedings of the revenue authorities, the subject-matter of dispute being one and the same as involved in W.P.(C)No.3241 of 2011.