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2026 DAILYLAW 31047 (CHH)

M/S. METRO INFASTRUCTURES v. STATE OF CHHATTISGARH

WPC/4105/2026 · 2026-08-06

Shri Amitendra Kishore Prasad

Public Interest Litigationbody2026

Judgment text

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1 CGHC010299102026 2026:CGHC:34687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4105 of 2026 M/s. Metro Infastructures Madhu Pille Chowk, Near Ram Mandir, Shanti Nagar Raipur (C.G.) Through Partner Shri Vijay Nathani, Aged About 62 Years S/o Gobind Ram Nathani, R/o A/ 10, Silver Spring, Gayatri Nagar, Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - The Director, Town And Country Planning, Directorate, Naya Raipur, District Raipur (C.G.) 3 - The Joint Director, Town And Country Planning Regional Office R D A Building New Rajendra Nagar, Raipur, District Raipur (C.G.) 4 - The Raipur Development Authority, Through The C E O, R D A Building New Rajendra Nagar, Raipur, District Raipur (C.G.) Digitally signed by AMIT PATEL 2 5 - The Sub -Divisional Officer (Revenue), Collectorate Office, Raipur, District Raipur (C.G.) ... Respondent(s) (Cause title is downloaded from CIS Periphery) For Petitioners : Mr. Sumesh Bajaj, Advocate For State : Mr. Anand Dadariya, Dy. A.G. For RDA : Mr. Siddharth Pandey, Advocate appears through V.C. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07.08.2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 That the records of the instant dispute may kindly be called for from the respondents for the kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may be kind enough to issue writ of mandamus, any other appropriate writ, order or direction, directing the Respondents to treat the application of the petitioner (Annexure P/3) deemingly allowed by virtue of Section 30 (5) of the Act of 1973. In the alternate the respondent No. 3 be directed to forthwith decide the application of the petitioner (Annexure P/3) taking into consideration the mandate of Section 30 (5) of the Act of 1973. 3 10.3 That, this Hon'ble Court may be kind enough to pass any other order(s) or direction(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of the case including the cost of this instant petition.” 2. Learned counsel appearing for the petitioner submits that he has filed an application before respondent No. 3/Joint Director, Town and Country Planning, Directorate, Naya Raipur, District Raipur (C.G.), for grant of development permission, which is pending for consideration before the respondent No. 3 and the petitioner seeks a direction that the concerned authority be directed to decide the same in accordance with law within some short stipulated period of time, as the application for development permission under Section 30 of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 was filed way back on 15.09.2025. It was also contended that under Section 30 (5) of the Act of 1973, if the application is not decided within 60 days from the date of filing of applications, the permission would be deemed to be granted. 3. Learned counsel for the State submits that they have already sent a letter to the Raipur Development Authority (R.D.A.) seeking an NOC from the R.D.A. The application has been sent way back in the year 2025, but till date, the NOC has not been issued by the R.D.A, as such, the application is pending before the authority. 4 4. Learned counsel for the R.D.A. supports the contention of the State, stating that the application was sent to the R.D.A. on 25.09.2025; however, the same is pending for consideration and they have not sent any reply thereto. 5. Having heard the submissions advanced by learned counsel for the parties and on perusal of the record, the concerned R.D.A. is directed to forthwith reply to the letter/memo issued by the State in respect of the NOC within a period of one week and  in turn, respondent No. 3 is directed to consider and decide the same in accordance with law, without being influenced by this fact that the memo has been sent for getting an NOC. If the law permits according to which, no NOC is required, the concerned authorities are at liberty to pass an appropriate order in accordance with law. The petitioner is also at liberty to place the relevant provisions of law on record before the concerned authorities. The concerned authorities shall decide the matter within a period of 15 days. The concerned authority as well as learned counsel for the State are directed to inform the authorities concerned regarding the passing of this order today itself. 6. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge