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2026 DAILYLAW 26911 (CHH)

RAJESH MEHTA v. STATE OF CHHATTISGARH

WPC/3670/2026 · 2026-07-14

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010250342026 2026:CGHC:29883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3670 of 2026 Rajesh Mehta S/o Vedprakash Mehta Aged About 54 Years Proprietor Thirty Two Agriculture (Raipur) Pvt. Ltd., Tenduwa, Tehsil And District Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Principal Secretary, Housing And Environment Department, Mahanadi Bhawan Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Town And Country Planning Block 4, 3rd Floor, Indrawati Bhawan, Atal Nagar-Nava Raipur (C.G.) 3 - Chief Executive Officer Nava Raipur Development Authority, Paryavaran Bhawan, North Block, Sector 19, Nava Raipur, Atal Nagar Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Pranjal Agrawal, Advocate For State-Respondents No.1 and 2 : Mr. Anand Dadariya, Deputy Advocate General For Respondent No.3 : Mr. Ashutosh Singh Kachhawaha, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 15.07.2026 1. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has sought a direction to respondent No.3 to consider and decide the petitioner's YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.15 18:46:14 +0530 2 application dated 23.04.2025 and representation dated 22.05.2026, seeking issuance of No Objection Certificate (NOC) for the petitioner's proposed hotel project, within a stipulated period. The petitioner has prayed for following relief(s) :- “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction directing Respondent No. 3 to consider and decide the Petitioner's representations dated 22.05.2026 (ANNEXURE P/11) & 23.04.2025 (Annexure P/5), by passing a reasoned and speaking order, strictly in accordance with law, within a stipulated period of 30 days or such other period as this Hon'ble Court may deem fit and proper, in the interest of justice. 10.2 Any other relief or reliefs which this Hon'ble Court may deem and proper in present circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner has already complied with all the statutory requirements for establishment of the proposed hotel project and has obtained the requisite No Objection Certificates from the Airport Authority of India as well as the Chhattisgarh State Power Distribution Company Limited. It is submitted that thereafter the petitioner submitted an application dated 23.04.2025 before respondent No.3 seeking issuance of the requisite NOC. Since no decision was taken thereon, the petitioner submitted a detailed 3 representation dated 22.05.2026 requesting expeditious consideration of the pending application. Learned counsel would further submit that despite lapse of considerable time, respondent No.3 has neither decided the petitioner's application nor communicated any deficiency or objection. It is argued that such inaction on the part of respondent No.3 is arbitrary and has caused serious financial prejudice to the petitioner, whose hotel project is being unnecessarily delayed. He, therefore, prays that an appropriate direction be issued to respondent No.3 to consider and decide the petitioner's pending application and representation within a time-bound period. 3. Learned counsel appearing for respondent No.3 submits that the petitioner's application along with the representation shall be considered and decided, in accordance with law, within a period of 30 days. 4. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 5. Considering the facts and circumstances of the case, particularly the limited prayer made in the present writ petition, and without expressing any opinion on the merits of the petitioner's claim, respondent No.3 is directed to consider and decide the petitioner's application dated 23.04.2025 along with the representation dated 22.05.2026, by passing a reasoned and speaking order strictly in accordance with law, as expeditiously as 4 possible, preferably within a period of 30 days from the date of receipt of certified copy of this order. 6. It is made clear that this Court has not expressed any opinion on merits of the case and the authorities of NRDA are at liberty to pass appropriate order in respect of application/representation seeking NOC. 7. With the aforesaid observations and directions, the instant writ petition stands disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh