INDRAJIT SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The captioned writ petition, Writ Petition (PIL) No. 12 of 2018 is filed alleging that there are unauthorised constructions and encroachments in violation of law in Pandri Cloth Market, Raipur. With the passage of time, other connected writ petition viz. Writ Petition is filed by the Chhattisgarh Chamber of Commerce, Raipur, purportedly trying to espouse the cause of the people who are in occupation of different commercial structures in the area.

(3.) While the Municipal Corporation, Raipur; hereinafter referred to as 'Corporation' does not dispute the fact that there are some encroachments, it points out that there could also be cases which do not amount to encroachment or violation of law. Therefore, that Local Self Government Institution has the bounden statutory duty which is a constitutional obligation to take due process in accordance with law to evict unauthorised occupation, to deal with unauthorised constructions in accordance with law, and also to ensure that all such proceedings are concluded in a time bound manner rather than make mockery of the Indian constitutional and legal system.