1 2025:CGHC:44194 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4637 of 2025 1 - Pravin Yadav S/o Prakash Yadav Aged About 31 Years R/o Ward No. 29, Durga Chowk, Opp Kumud Kirana Store, Khamardih, Shankar Nagar, Raipur, Distt.- Raipur (C.G.) 2 - Himanshu Sahu S/o Brijlal Sahu Aged About 35 Years R/o Ward No. 29, Durga Chowk, Opp Kumud Kirana Store, Khamardih, Shankar Nagar, Raipur, Distt.- Raipur (C.G.) 3 - Manmohan Singh Chouhan S/o Komal Singh Chouhan Aged About 40 Years R/o Ward No. 29, Durga Chowk, Opp Kumud Kirana Store, Khamardih, Shankar Nagar, Raipur, Distt.- Raipur (C.G.) 4 - Ananndhar Diwan S/o Sushildhar Diwan Aged About 34 Years R/o Ward No. 29, Durga Chowk, Opp Kumud Kirana Store, Khamardih, Shankar Nagar, Raipur, Distt.- Raipur (C.G.) 5 - Sudesh Sahu S/o Palu Ram Sahu Aged About 35 Years R/o Ward No. 29, Durga Chowk, Opp Kumud Kirana Store, Khamardih, Shankar Nagar, Raipur, Distt.- Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Its Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Distt.- Raipur (C.G.) 2 - State Of Chhattisgarh Through - Its Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Distt.- Raipur (C.G.) VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.09.01 18:59:23 +0530 2 3 - Director General Police Police Head Quarters, Mantralaya, Sector 19, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 4 - Inspector General Police Raipur Range, District- Raipur (C.G.) 5 - The Collector District- Raipur (C.G.) 6 - Superintendent Of Police District- Raipur (C.G.) 7 - The Executive Engineer Pwd Public Works Department (Building/road) Division No. 02, Raipur, District- Raipur (C.G.) ---- Respondents For Petitioners : Mr. Rajesh Kumar Kesharwani & Ms. Juhi Anguriya, Advocates For State-Respondent : Mr. R.S. Marhas, Additional AG Hon'ble Shri Justice Arvind Kumar Verma Order on Board 01/09/2025 1. With the consent of counsel for the parties, the matter is heard finally. 2. By way of this petition, petitioner sought following relief(s) : “10.1 The Hon’ble Court may kindly be pleased to call for entire records of the matter in hand. 10.2 The Hon’ble Court may kindly be pleased to issue appropriate writ/writs, direction/directions, order/orders to quash/set aside the impugned allotment order (Annexure P-1). 10.3 The Hon’ble Court may kindly be pleased to prohibit the respondent authorities from cutting of the trees and construction of Police Station in land 3 situated at Khasra No.570/1/A with total area of 5.60 hectares. 10.4 Any other relief, which the Hon’ble Court deems fit looking to the facts and circumstances of the case, may also be granted to the petitioner.” 3. Learned counsel for the petitioners contended that the petitioners are all residents of Ward No. 29, Durga Chowk, opposite Kumud Kirana Store, Khamardih, Shankar Nagar, Raipur, Distt. Raipur [C.G.]. The petitioners have access to common space mainly used as a garden which consists of around 200 trees, has basic gym equipment for the residents nearby and also referred to as oxy-zone of the area. The aforesaid land situated in khasra no 570/1/A and has total area of 5.60 hectares out of which 0.250 hectares land has been allotted by the respondent No. 05 to the respondents for construction of Police Station vide impugned allotment order dated 19/07/2020 (Annexure P/1). He further contended that the said land contains several trees few of them being Sheesham trees and teak trees with total of around 200 trees in the said land. Furthermore, the Municipal Corporation, Raipur has a board erected thereby reserving the said land for plantation purposes. The said land, although, was allotted in the year 2020, but no action as such was taken by the respondents. The impugned allotment order has enlisted certain terms and conditions in the said impugned order. It is to be noted herein that the clause 07 of the conditions require the respondent to carry out construction work keeping in mind and 4 complying with the provisions of the Forest Protection Act and other such relevant laws. It is also stated in the clause 09 of the impugned allotment order, that it would be necessary to carry out construction within 03 years of the order that would have been in the year 2023 itself. He further contended that the land even has certain basic gym machines which are regularly utilized by the residents. Moreover, the trees are huge, prolific, and highly valuable for the environment as well as the petitioners herein. Unauthorized and neglectful felling of trees not only would affect the area but also the environment. Hence, this petition. 4. Per contra, learned State counsel opposes the submission made by learned counsel for the petitioners and contended that the present petition is not maintainable because the present case should be filed in the PIL format and also, there is no locus standi to file the petition before this Court. 5. On the basis of aforesaid submission made by learned counsel for the State, learned counsel for the petitioners specifically contended that the petitioners are all residents of Ward No. 29, Durga Chowk, opposite Kumud Kirana Store, Khamardih, Shankar Nagar, Raipur, Distt. Raipur [C.G.]. The petitioners have access to common space mainly used as a garden which consists of around 200 trees, has basic gym equipment for the residents nearby and also referred to as oxy-zone of the area. He 5 also contended that the petitioners are affected party, therefore, petitioners have no right to file PIL. 6. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 7. Considering the facts of the case, submission made by counsel for the parties. On perusal of the order passed by respondent No.5 – Collector, District Raipur (C.G.), it reveals that by vide order dated 19.07.2020 (Annexure P-1), the subject land situated in Khasra No. 570/1/A and has total area of 5.60 hectares out of which 0.250 hectares land has been allotted by respondent No.5 - Collector in favour of the Department of Police for construction of Police Station on the said land. Further, considering that there are no documentary evidence available on record regarding tree cutting by the respondent authorities on the subject land. Further considering the fact that the allotment order passed by the Collector in the year 2020 and the petitioner are challenging the said allotment order on 21.08.2025 by filing this petition after lapse of 05 years. It is also pertinent to mention that petitioners have submitted the representation/application before the District Collector, Raipur, District Raipur (C.G.) vide Annexure P-5 to stay the construction of the police station on the subject land. 6 8. Para Nos.7, 8, 9 & 10 of the allotment order dated 19.07.2020 mentioned as under : “(7) वन्य संरक्षण अधिनि यण एव अन्य संसंगत अधिनि यमों/ नि यमों के अ संर केय निकेय जा होग तथा आवदित स्थल के व!क्षरपण के केसं हो# पहुंचाय जायग तथा उसंके संव निकेय जायग। (8) भू)धिमों के संबं मों+ निकेसं, भू, मों ,य न्ययलय के आश यदि केई होत त आवके पलिलसं उपमोंहोनि र,क्षके छत्ती,संगढ़ रयपर के पल केर आवश्यके होग। (9) आबंदि4त्ती भू)धिमों पर 03 वर्ष के अर केब्जा व नि मोंण नि यमों संर निकेय जा आवश्यके होग। (10) उपरक्त उल्लखि:त शत के पल हो# हो के; स्थिस्थनित मों+ अ मोंनित पत्र स्वत? नि रस्त मों जायग।" 9. Looking to the all facts and circumstances of the case the instant petition is disposed of with direction to the respondent No.5 - District Collector, District Raipur (C.G.) to decide the representation made by the petitioners Annexure P-5 as expeditiously as possible, in accordance with rules, regulations and law. 10. It is made clear that this Court has not expressed any opinion on the merits of the case. 11. With the aforesaid direction, the instant petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant