NARAYAN PRASAD AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners are brothers and owners of the land bearing khasra Nos. 218/2 and 219/2 ad-measuring 0.223 hectare situated at village Torwa, Bilaspur included within the area known as Arpa Special Area Development Authority, Bilaspur. They made an application before respondent No. 2 for 'No Objection Certificate' for sale of their lands to Mr. Naresh Agrawal, which has been rejected by respondent No. 2 by the impugned order dated 4.2.2016 (Annexure P/1).

(2.) Feeling aggrieved against that order, this writ petition under Article 226 of the Constitution of India has been filed by the petitioners herein stating inter-alia that right to property is a constitutional right as envisaged under Article 300-A of the Constitution of India and respondent No. 2 has no authority and jurisdiction to restrict transfer of land by the petitioners and therefore, the impugned order rejecting their application for 'No Objection Certificate, is unsustainable and bad in law and deserves to be set aside.

(3.) Return has been filed opposing the writ petition stating inter-alia that the petitioners' lands have been included in Arpa (Sada) Planning Area-2033. The petitioners' application for grant of 'No Objection' has been considered and it has rightly been rejected by respondent No. 2 finding that the petitioners' lands are required for construction of road under PPP project. Therefore, the writ petition deserves to be dismissed.