BILASPUR INFRASTRUCTURE PVT. LTD. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) All the above petitions are heard and decided together by this common order as the Petitioners in Writ Petition (C) No.1197/2015, 1207/2015, 1209/2015 & 1604/2015 have similar interests compared to that of petitioner in Writ Petition (C) No.1196/2015 for the reasons that the petitioners in Writ Petition (C) No.1197/2015, 1207/2015, 1209/2015 are purchasers or have agreed to purchase the shops and other accommodations according to the agreement entered into between these petitioners with the petitioner in W.P.(C) No.1196/2015 and they have also prayed that the impugned order be set-aside. Petitioner in W.P.(C) No.1604/2015 is also a purchaser, who has prayed for relief of re-installation of electricity supply against respondent No.1, 2 & 3 and for direction to allow registration of transfer deed against respondent No.4 and 5.

(2.) This petition has been brought with a prayer for issuance of appropriate writs and for setting aside the impugned order dated 04.07.2015, passed by the Respondent No.

(3.) It is submitted by the counsel for the petitioner-company that the petitioner-company has constructed commercial/residential complex at Khasra No.232, 235, 236, 237, total area 0.827 hactare at Juna Bilaspur with the approval and permission of the respondents. The sanction was duly given on 14.12.2010 and thereafter on 009.2011. The construction is near completion, which was time to time inspected and verified by the respondents. All of sudden, a notice was issued by respondent No.2 on 04.07.2015 mentioning that the proposed front road from Shiv Talkies line on Khasra No.488 is not permissible and the approach road from Karbala side is only 36 feet wide, which should have been minimum 40 feet wide. Hence, because of these discrepancies, now, the complex can be permitted only for residential purposes and the petitioner company was directed to submit a fresh lay out and also directed to demolish the excess construction within 15 days.