1 CGHC010228772021 2026:CGHC:40788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3761 of 2021 1 - Subhash Chandra Sharma S/o Late Bhagwat Prasad Sharma Aged About 68 Years R/o C- 19, Rajasva Colony, Chatidhih, Old D.L.S. College Road, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Anil Kumar Sharma S/o Late Narmada Prasad Sharma Aged About 58 Years R/o House No. 1221, Street 05, Satyam Vihar, Raipur District Raipur Chhattisgarh. 3 - Smt. Narinder Kamboj W/o Gurveen Singh Kamboj Aged About 59 Years R/o R/34 M.P. Housing Board, Industrial Estate, Bhilai, District Bhilai Chhattisgarh. 4 - C.V. Satish Kumar S/o C.J. Rao Aged About 35 Years R/o 308, Indu Residency , Near Durga Chowk, Boregaon Road, Nagpur Maharashtra. 5 - Smt. C. Bharti Ramaiya W/o C. Pattabhi Ramaiya Aged About 55 Years R/o 308, Indu Residency , Near Durga Chowk , Boregaon Road, Nagpur 440013 Maharashtra. 6 - Manoj Verma S/o Shri Mannu Lal Verma Aged About 40 Years R/o Shanti Vihar Colony Dahgania, Raipur District Raipur Chhattisgarh. 7 - Arvind Kumar Ahirwar S/o D.P. Ahirwar Aged About 55 Years R/o D2/7, Sector 17, G.A.D. Colony, Near Nirman Bhawan, Nava Raipur, Atal Nagar District Raipur Chhattisgarh. RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.09.21 18:00:59 +0530 2 8 - Uzma Rahman W/o Mohd. Imtiyazur Rahman Aged About 45 Years R/o House No. 20 Siya Residencey Behind Mmi Hospital Lalpur Raipur District Raipur Chhattisgarh. 9 - Rupendra Singh Gautam S/o Narayan Singh Gautam Aged About 47 Years R/o Vivek Sadan Near Payal Kirana Store, Chandrashekhar Nagar Ashwani Nagar, District Raipur Chhattisgarh. 10 - Khurshid Siddique S/o Late Alfuddin Siddique Aged About 61 Years R/o Mig 181, Sector 3, Deendayal Upadhyay Nagar Raipur District Raipur Chhattisgarh. 11 - Gumma Nageshwar Rao S/o Late G.V.R. Murty Aged About 55 Years R/o Flat No. 228, Block 2, Kalpkritit Parishar , Rishali, Bhilai, District Durg Chhattisgarh. 12 - G.A.V. R. Murty S/o G.V. Narayana Aged About 37 Years R/o 7/724, Shivanand Nagar , Sector 1, Khamtarai Raipur , District Raipur Chhattisgarh. --- Petitioners Versus 1 - State of Chhattisgarh Through Secretary, Department Of Housing And Environment Development, Mahanadi Bhawan, Mantralaya Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Municipal Corporation Raipur Through Its Commissioner Azad Chowk Road, Near Mahila Police Thana, Chottapara, Janta Colony Raipur Chhattisgarh. 3 - Joint Director Directorate Town And Country Planning, Indrawati Bhawan, Naya Raipur Chhattisgarh. 4 - Collector Raipur District Raipur Chhattisgarh. 3 5 - M/s Sanjay Bajpayee Builders Private Limited (New Swagat Vihar Project) Through The Managing Director Smt. Sarita Bajpayee, W/o Late Sanjay Bajpayee, R/o Third Floor, Krishna Complex, Jail Road, Raipur , District Raipur Chhattisgarh. 6 - Yogeshwar Shukla Director M/s Sanjay Bajpayee Builders Private Limited, R/o Third Floor, Krishna Complex , Jail Road, Raipur , District Raipur Chhattisgarh. 7 - Tahsildar Raipur District Raipur Chhattisgarh. --- Respondents WPC No. 4266 of 2021 1 - Anil Kumar Shukla, S/o Late Shri Chootelal Shukla, Aged About 57 Years R/o A-2, Anand Niketan Colony, Avanti Vihar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Sanjeev Soni S/o Prakash Kumar Soni, Aged About 48 Years R/o Near Sara Fancy And Gift Corner New Changora Bhatha, Ring Road No-1, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Smt. Vijaya Raghuvanshi, W/o Shri Manish Raghuvanshi Aged About 46 Years R/o House No.413, Sunder Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Mainsh Raghuvanshi, S/o Shri Janardan Singh, Aged About 49 Years R/o House No.413, Sunder Nagar, Raipur, District Raipur Chhattisgarh 5 - Smt. Pushplata Vyas, W/o Shri G.S. Vyas, Aged About 74 Years R/o Budhapara, Behind Hanuman Mandir, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 6 - Pradeep Kumar Tewary S/o Late Shri Adiya Prasad Tewary Aged About 64 Years R/o H-101, Ashoka Heights, Mowa, Vidhansabha Road, Raipur, District Raipur Chhattisgarh 7 - Anil Kumar Mishra, S/o Shri Harishchandra Mishra, Aged About 52 Years R/o Kbt-335, Kabir Nagar, Tatiband, Raipur, District Raipur Chhattisgarh 8 - Shiv Prasad Parihar, S/o Late Shri Shivram Parihar, Aged About 66 Years R/o C/63 Rishabh Nagar New Rajendra Nagar Near Dronacharaya Public School Amlidih Raipur, District Raipur Chhattisgarh 9 - Shailendra Padhi, S/o Shri S. N. Padhi, Aged About 47 Years R/o A-109, Bhatia Residency, Mangla Road Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 10 - Thalesh Kumar Sahu, S/o Thanu Ram Sahu, Aged About 54 Years R/o E/9, Arihant Shri Vihar Colony, Near Government Hospital, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh 11 - Prem Prakash Gajpal, S/o Shri Purendra Nath Gajpal, Aged About 55 Years R/o Flat No. 901, Tower 17, Lodh Belmondo, Gahunje, District Pune, Maharashtra. 12 - Smt. Sangita Mishra, W/o Shri Umesh Mishra, Aged About 53 Years R/o Nayapara Phool Chowk, Raipur, District Raipur Chhattisgarh 13 - Hajiyani Sugra Banu, D/o Late Dr. Haji Yakoob, Aged About 55 Years R/o Block-1, Floor No.13, Kachna Phase 2, C.G. Housing Board Colony, District Raipur Chhattisgarh 14 - Vijay Raj Chandel, S/o Shri Bharat Lal Chandel, Aged About 47 Years R/o Station Road Loadhipara Behind Ganj Post Office, District Raipur Chhattisgarh 5 15 - Mrs. Ruchi Chaudhary, W/o Shri Umesh Chaudhary, Aged About 39 Years R/o Government Qr. No. D-3 Shankar Nagar, Behind Residence Of Brijmohan Agrwal. Raipur, District Raipur Chhattisgarh 16 - Sanjeev Shrivastava, S/o Late Shri Ramashankar Shrivastava, Aged About 53 Years R/o B-1/304, Sai Vista, Near Garden, St. Josephs Sr Secondary School Road, Amlidih Raipur, District Raipur Chhattisgarh 17 - Sanjeev Singh, S/o Late Shri M. G. Singh, Aged About 55 Years R/o A- 19, Steel City, Near Gayatri Nagar Raipur, District Raipur Chhattisgarh 18 - Mousmee Ghatge, W/o Shri Arvind Rao Ghatge, Aged About 42 Years R/o House No. 10, Near St. Joseph School, Adarsh Nagar, Amlidih, Raipur, District Raipur Chhattisgarh 19 - Mahendra Prasad, S/o R. K. Prasad, Aged About 60 Years R/o B-28, Htps Colony, Darri, Korba, District Korba Chhattisgarh 20 - M/s Tushar Fiscal Service Pvt. Limited, Through Its Managing Director Shri Ashok Lath, S/o Late Shri Krishna Prasad Lath, Aged 57 Years, R/o House No. 14, Watking Lane, Block C, Fifth Floor, Suit No 5, Howrah (W.B.) ---Petitioners Versus 1 - State of Chhattisgarh, Through Secretary, Department Of Housing And Environment, Mahanadi Bhawan, Mantralaya Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Municipal Corporation Raipur Through Its Commissioner Azad Chowk Road, Near Mahila Police Thana, Chottapara, Janta Colony, Raipur Chhattisgarh 3 - Joint Director, Directorate, Town And Country Planning, Indrawati Bhawan, Naya Raipur Chhattisgarh 6 4 - Collector, Raipur, District Raipur Chhattisgarh 5 - M / S Sanjay Bajpayee Builders Private Limited, (New New Swagat Vihar Project) Through The Managing Director Smt. Sarita Bajpayee, R/o Third Floor, Krishna Complax, Jail Road, Raipur, District Raipur Chhattisgarh 6 - Yogeshwar Shukla, R/o Third Floor, Krishna Complax, Jail Road, Raipur, District Raipur Chhattisgarh 7 - Tahsildar, Raipur District Raipur Chhattisgarh --- Respondents (Cause title is downloaded from CIS Periphery.) For Petitioners : Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Kaif Ali Rizvi, Advocate. For Respondent No. 2 : Mr. Nilesh Manik, Counsel appears on behalf of Mr. Pranjal Agrawal, Advocate. For State : Mr. Praveen Das, Additional A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 18/09/2026 1. Heard. 2. All these captioned writ petitions share a common background and involve the same issues, therefore, they were clubbed, heard together and are disposed of by this common order. 3. For the sake of convenience, Writ Petition (C) No. 3761 of 2021 is treated as the lead case for the purpose of deciding all the writ petitions. The petitioners in the said writ petition has prayed for the following reliefs :- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's case for the kind perusal of the Hon'ble Court. 7 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents for approving the layouts of lands of the petitioners, purchased by the petitioners in New Swagat Vihar Project and further direct the respondents to provide the basic amenities in the Housing Project as per the provisions of Rules, 1998. 10.3 That, this Hon'ble Court may kindly be pleased to direct the State authorities for taking penal action against the officers and the Directors of the respondent no.5, by initiating criminal proceedings against them, in the interest of justice. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay adequate compensation to the petitioners for their sufferings since last 11 years, in the interest of justice. 10.5 That, this Hon'ble Court may kindly be pleased to Grant any other relief(s)/ order(s)/ direction(s) in favour of petitioners, which may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.6 That, this Hon’ble Court may kindly be pleased to grant Cost of the petition to the petitioners.” 4. Learned counsel for the petitioners submits that the respondent authorities have acted with persistent apathy and inaction despite repeated representations, thereby causing serious prejudice to the petitioners, who are bona fide purchasers and acquired the subject property in reliance upon the permissions and sanctions granted for the housing project; that, notwithstanding the statutory obligation of the concerned authorities to supervise the project and take appropriate action against the alleged irregularities, no 8 effective steps have been taken, thus jeopardizing the rights and hard-earned money of the petitioners and other bona fide purchasers; that, having regard to the nature and gravity of the alleged offences and the large number of affected purchasers, an independent investigation by the Central Bureau of Investigation is warranted in the interest of justice; and that, in view of the return filed by the State vide paras 11 to 16, this petition may kindly be disposed of while reserving liberty in favour of the petitioners to file a fresh petition in accordance with law in case any exigency arises. 5. For ready reference, paragraphs 11 to 16 of the return filed by the State counsel are reproduced below: “11. It is humbly submitted that, after assuming management, the Raipur Development Authority, Raipur should be appointed as the Nodal Agency to prepare a plan for the development and allotment of land and the RDA will prepare a scheme to manage Swagat Vihar Colony in parallel and ensure as far as possible that, the landowners allotted plots on government land are accommodated on other land that is not allotted to anyone else, while keeping the government land intact, modifications to be previously approved layout should also be made as necessary and a layout prepared. 9 12. It is humbly submitted that, the Commercial Tax Department should soon issue notification regarding exemption in registration and stamp duty etc. The Urban Administration and Development Department, Panchayat and Rural Development Department should prepare a draft amendment in the Colonizer Act/Rules for taking over the management of the any other land owned by the colonizer/builder who has developed an illegal colony and send it to the Law and Legislative Affairs Department and take necessary action for the amendment and ensure that, the amendment should be presented before the Committee of Senior Secretaries before the next Assembly Session and the amendment process should be completed in this Assembly Session itself. 13. It is humbly submitted that, the present Respondent No. 5 M/s. Sanjay Bajpayee Builders Private Limited has sought exemption on open spare, 15% EWS LIG Plots, plots reserved for School, Hospital etc. in the approved layout, because they have sold the constructed plots after sub-dividing them. If exemption is granted as above, then the entire approved 8 layout areas will exist as an illegally developed colony in which, action can be taken under Rule 15 "A" of the Chhattisgarh Colonizer (Restrictions and Conditions) Rules, Amendment 2013. 10 14. It is humbly submitted that, presently, the Respondent No. 5 builders has submitted a consolidated map of 8 layouts, which show the sales and agreements made by them, which are based on mutual consent between the beneficiaries and the colonizer's representative, which does not have legal validity. 15. It is humbly submitted that, by the letters dated 31.12.2019, sent to the Director, Town and Country Planning, Chhattisgarh, Raipur for guidance regarding exemption of 10% community open area, exemption from leaving land for educational and hospital purposes and deletion of 18 meters wide road of the development plan affected by New Swagat Vihar Colony under Section 23 (A) of the Act and a copy has also been sent to the Secretary, Government of Chhattisgarh, Housing and Environment Department, Mantralaya, Raipur. 16. However, it is humbly submitted that, the development permission was initially granted under Section 16/29, subsequently in the year 2019, a revised development permission was granted under Section 30 (A) as per the order of the State Government/Hon’ble High Court of Chhattisgarh at Bilaspur and there are differences between the two development permissions. 11 Therefore, there is no infirmity or illegality on the part of the Answering Respondents authorities.” 6. Learned counsel appearing for the State submits that he has no objection to the limited prayer advanced by the petitioners. 7. Having heard the learned counsel for the parties and having regard to the submissions advanced, including the submission of the learned State Counsel that he has no objection to the limited prayer made by the petitioners and that the competent authority shall finalize the matter at the earliest, preferably within a period of six months, the present petitions stands disposed of with a direction to the competent authority to consider and decide the matter in accordance with law within the aforesaid period. It is clarified that this Court has not expressed any opinion on the merits of the allegations or the prayer for investigation by the Central Bureau of Investigation, and if the petitioners remain aggrieved by the action taken by the State, they shall be at liberty to file an appropriate petition in accordance with law. 8. No order as to cost(s). Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju