Indrajit Singh Chhabra S/o Shri Nohar Singh Chhabra v. State of Chhattisgarh, Through the Secretary
2018-05-03
SHARAD KUMAR GUPTA, THOTTATHIL B.RADHAKRISHNAN
body2018
DigiLaw.ai
JUDGMENT : THOTTATHIL B. RADHAKRISHNAN, J. 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 (C) No. 1265 of 2018 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. 4. We have said the aforesaid particularly in relation to the time factor having regard to the pleadings of Petitioner in Writ Petition (PIL) No. 12 of 2018, in which the Petitioner has shown that he has made repeated complaints to the Corporation authorities who have apparently fallen deaf ears. The fact of the matter remains that due action had not followed from the Corporation as is expected from a Local Self Government Institution, which is an institution of governance in terms of the Constitution. It should remember for itself that it is by itself a constitutional authority and is expected to live up and discharge its duties and responsibilities in terms of the constitutional expectations and constitutional obligations, by due exercise of statutory authority and executive power. 5. In view of the facts reflected in the affidavit filed on behalf of the Corporation, it is inappropriate for us to dwell deeper into the factual controversies, particularly the claims made by those persons whose cause is sought to be espoused through Writ Petition (C) No. 1265 of 2018.
5. In view of the facts reflected in the affidavit filed on behalf of the Corporation, it is inappropriate for us to dwell deeper into the factual controversies, particularly the claims made by those persons whose cause is sought to be espoused through Writ Petition (C) No. 1265 of 2018. However, we need to alert the Corporation authorities that the laws do not expect them to drag on proceedings indefinitely, except at their own peril of being criticized on various counts. 6. Having regard to the pleadings and the materials on record and taking note of the contentions of all the parties, these writ petitions are ordered directing that the encroachments in the Pandri Cloth Market, Raipur shall be identified and dealt with by the Corporation in accordance with law, within an outer limit of three months from today. This time frame is fixed taking into consideration the fact that even the occupants of the building are represented through the petitioner in Writ Petition (C) No. 1265 of 2018 and if any person has any response to the proposal of the Corporation for eviction, they may place it before the office concerned, without waiting any further notice from the Corporation authorities.