HARIVALLABH AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The residents of the residential colony built by one Mahamaya construction preferred WPC No.1392/2019 seeking direction to the Municipal Corporation, Raipur for removal of encroachment made by the builder to reduce width of approach road of the colony by name 'Shiv Vatika' in front of Ashwini Nagar, Raipur. The writ petition was disposed of directing the Municipal Corporation to decide the representation of the petitioners therein within a period of 6 weeks from the date of submission of representation. Immediately thereafter the petitioners therein moved a representation to the Commissioner, who in turn issued impugned notice (Annexure?P/2A) dated 15.5.2019 to the petitioners for removal of encroachment. This notice was issued upon enquiry in which the petitioners were afforded opportunity of hearing.

(2.) It is the contention of the petitioners that under the Regularization of Unauthorized Construction Act, 2002, they had moved an application on 28.11.2002 which remained pending without there being any decision on it, therefore, as long as the said application is pending, the subject construction cannot be removed, as it cannot be branded unauthorized.

(3.) Learned counsel for the respondents and intervenor as well, would submit that the petitioners never followed their application filed in the year 2002 and from the documents emanating from the office of Town and Country Planning, it is apparent that the petitioners' application for regularization filed in the year 2002 has been rendered infructuous, as the said rules have already been repealed.