1 2025:CGHC:44264 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4668 of 2025 1 - Ratna Pandey, W/o Mr. Rajiv Pandey, Aged About 65 Years, R/o House No. M.I.G.-104, Padmanabhpur, Durg, Tehsil And District Durg, Chhattisgarh 2 - Rajiv Pandey, S/o Lt. R.P. Pandey, aged about 67 years, R/o House No.MIG – 104, Padmanabhpur, Durg, Tahsil and District Durg, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary Urban Administration And Development Department Chhattisgarh, Indravati Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - Collector, Durg, District - Durg Chhattisgarh. 3 - Municipal Corporation, Durg Through Commissioner, Municipal Corporation Durg, District - Durg, Chhattisgarh. 4 - Joint Director, Town And Country Planning Durg, Chhattisgarh, Back Of Collectorate Campus, Durg, District - Durg Chhattisgarh. ... Respondents For Petitioners : Shri Manoj Paranjpe, Senior Advocate with Shri Shubhank Tiwari, Advocate For State/Respondents No.1, 2 & 4 : Ms. Upasana Mehta, Deputy Government Advocate For Respondent No.3 : Shri Dhiraj Kumar Wankhede, Advocate Digitally signed by GOPAL SINGH Date: 2025.09.02 18:18:17 +0530 2 Hon’ble Shri Justice Arvind Kumar Verma Order on Board 01/09/2025 1. With the consent of learned counsel appearing for the parties, the matter is heard finally. 2. The petitioners have sought following reliefs in this petition: “10.1 This Hon’ble Court may kindly be pleased to issue writ/writs, direction/directions, order/orders quashing the impugned Notice dated 19.08.2025 (Annexure P/1), issued by Municipal Corporation Durg. 10.2 Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 3. The petitioners are aggrieved by the notice dated 19.8.2025 issued by respondent No.3/Municipal Corporation Durg, whereby the petitioners are directed to demolish the stair case, lift duct and ramp of basement parking which were already approved by respondent No.3 and the petitioners have constructed according to the approval. 4. Learned Senior Counsel appearing for the petitioners contended that the petitioners are challenging the action of the Municipal Corporation Durg on the ground that no show cause notice has ever been issued to the petitioners. He further contended that the entire building has been constructed as per the layout approved by the Municipal 3 Corporation Durg in 2020. In 2025, the petitioners applied for regularisation of third and fourth floors of the building, which was duly regularised, but, the already approved and constructed stair case, lift duct and ramp was demarcated as “area to be dismantle”. The demarcated “area to be dismantle” is in the lawful ownership through sale deed of the petitioners and the building permission was duly granted by the Municipal Corporation, based upon which the construction was carried out by the petitioners. 5. Learned Senior Counsel for the petitioners further contended that the building permission was granted on 26.6.2019 and on 11.7.2019 by the Municipal Corporation Durg. Thereafter, settlement permission was issued on 5.12.2020. Accordingly, the settlement amount of Rs.5,96,976 was paid. Along with the said permission, approved layout was attached, which clearly approves the stair case, lift duct and ramp of basement parking. The said layout in its prescribed formant specifically mentions “ekufp= esa yky jax ls dkVs gq, {ks= esa fuekZ.k dk;Z voS/k ekuk tkosxkA” and there was no cut mark in red colour, meaning thereby the entire map was approved for construction. Based upon the said approval, petitioner No.1 proceeded with the construction of building till second floor. Thereafter, petitioner No.1 constructed third and fourth floors in the said building, which were duly regularised by payment of fee of Rs.14,80,218 and accordingly Regularisation Certificate dated 18.3.2025 along with the map was issued by the office of Joint 4 Director, Town and Country Planning Department, Durg, Chhattisgarh. In the above mentioned layout, the Town and Country Planning Department has demarcated in blue colour mentioning “area to be dismantle” demarcating the stair case, lift duct and ramp of basement parking. The said demarcation for dismantling appears to have been done regarding area under road widening because in the approved layout area statements are mentioned which clearly mentions the area under road widening. 6. Learned Senior Counsel for the petitioners further contended that the land in which the stair case, lift duct and ramp are constructed are the private land of the petitioners and in which construction was done only after the building permission was issued by the Municipal Corporation Durg. Only when the petitioners applied for regularisation of third and fourth floors of the building, the amount of Rs.14,80,218 was duly collected, the third and fourth floors were duly regularised, but, “area to be dismantle” was marked for dismantling the stair case, lift duct and ramp which were constructed as per the building permission and approved layout of the Municipal Corporation Durg. Learned Senior Counsel further contended that reply has already been submitted on 26.8.2025 (Annexure P11) to the notice dated 19.8.2025 (Annexure P1). 7. Learned counsel for respondent No.3/Municipal Corporation Durg opposed the submission made by learned Senior Counsel 5 for the petitioners and submitted that the area demarcated as ‘area to be dismantle” is constructed against the approved plan and the Municipal Corporation has issued a legal notice dated 19.8.2025 (Annexure P1) to the petitioners and reply of the petitioners dated 26.8.2025 (Annexure P11) has been received. 8. Looking to the entire facts and circumstances of the case, this petition is disposed of with a direction to the Municipal Corporation Durg to decide the objection (reply dated 26.8.2025 Annexure P11) of the petitioners keeping in view that earlier on 5.12.2020 settlement amount of Rs.5,96,976 has been paid and permission has already been granted by the Municipal Corporation and second time on 18.3.2025 regularisation certificate has been issued on payment of fee of Rs.14,80,218 in favour of the Municipal Corporation. The Municipal Corporation shall decide the objection (Annexure P11) of the petitioners after giving them proper opportunity of hearing in accordance with law/rules/regulations in an objective manner within 45 days from the date of receipt of a copy of this order. Till then, no coercive action shall be taken against the petitioners. Sd/- (Arvind Kumar Verma) JUDGE Gopal