1 CGHC010411762022 2026:CGHC:41552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5720 of 2022 Akshay Sharma S/o Shri Aswani Sharma Aged About 23 Years R/o Near RamkaliChaal, Kasturba Nagar Ward No. 19, Bilaspur, District Bilaspur, Chhattisgarh 495001. ... Petitioner(s) versus 1 - State Of Chhattisgarh, Through Secretary, Department of Industries and Commerce, Ring Road No. 1, Telibanda, Raipur, Chhattisgarh. 2 - Directorate Of Industries, Chhattisgarh Through Director, Directorate Of Industries Chhattisgarh Ring Road No. 1, Telibanda, Raipur, Chhattisgarh. 3 - Assistant Director, Directorate Of Industries, Chhattisgarh, Ring Road No. 1, Telibanda, Raipur, Chhattisgarh. 4 - Chhattisgarh State Industrial Development Corporation Limited Through Managing Director, Chhattisgarh State Industrial Development Corporation, Ring Road No. 1, Telibanda, Raipur, Chhattisgarh. 5 - Municipal Corporation, Bilaspur Through its Commissioner, Municipal Corporation Office, Bilaspur, Distt. Bilaspur, Chhattisgarh. SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.10.01 18:59:40 +0530 2 ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Himanshu Pandey, Advocate For Respondent /State For Respondent/ CSIDC For Respondent/ Municipal Corporation : : : Mr. Vivek Verma, Government Advocate Mr. Anumeh Shrivastava, Advocate Mr. Shikhar Shukla, Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/09/2026 1. By way of the petition, the petitioner is seeking allotment of a piece of land admeasuring 50 x 50 = 2,500 sq. ft. near the Hi-Tech Bus Stand, Bilaspur, for establishing a Luggage Parcel House. The application in this regard submitted by the petitioner was dismissed vide order dated 27.04.2022 (Annexure P/1) by the Joint Director, Directorate of Industries, Chhattisgarh, Raipur, on the ground that there is no enabling provision under the Chhattisgarh Audhyogik Bhumi and Bhawan Prabhandhan Niyam, 2015, to allot land for such a purpose. 2. By way of this petition, the petitioner seeks the following reliefs : A. Issue a writ of certiorari quashing and setting aside the letter dated 27.04.2022 (at ANNEXURE 3 P/1 of the writ petition) issued by Respondent authorities wherebythey refused to the Petitioner, the allotment of land admeasuring 2500 sq. ft. for the purpose of setting up the Luggage Parcel Room behind the Commercial Complex. B. Grant the cost of the petition to the Petitioner. C. Grant any other relief as deemed fit and proper in the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that in the area of District Bilaspur near Abhilasha Parisar, Tifra, a patch of land is vested with the Chhattisgarh State Industrial Development Corporation for the purposes of allotment and providing consequent benefits to the industries. For the purposes of establishing a passenger luggage storage room (hereinafter referred to as "Luggage Parcel House"), the Petitioner made an application dated 25.10.2021 before the Directorate of Industries, Chhattisgarh Udyog Bhawan whereby the Petitioner requested for allotment of land admeasuring 2500 sq. ft. out of the total balance Industrial Land admeasuring 92,400 sq. ft. In the said application dated 25.10.2021, the Petitioner had provided a range of underlying reasons in support of requirement of such a Luggage Parcel House in view of the Hi-Tech Bus Stand operational on the Industrial Land. 4. Learned counsel for the petitioner submits that cloakrooms and Luggage Parcel Houses constitute an essential modern amenity for transit passengers. He submits that the petitioner, being an 4 eligible commercial enterprise, is qualified for the allotment of a suitable parcel of land, as the proposed facility operates as a supportive trade in immediate proximity to the Hi-Tech Bus Stand and shares a direct trade nexus with its daily transport operations. Hence, learned counsel for the petitioner prays to allow the petition. 5. Learned counsel for State submits that since there is no provision in this regard, the petitioner ought to approach both the Municipal Corporation and CSIDC for redressal of his grievance in respect of allotment of land for Luggage Parcel House/Cloak room. 6. At this juncture, learned counsel for the petitioner submits that such a public necessity in the present scenario ought not to be denied merely due to lack of statutory provisions and as such, appropriate directions may be issued. 7. Learned counsel for the Municipal Corporation as well as learned counsel for the CSIDC submit that if the petitioner files a fresh application, the same shall be considered in accordance with law by the concerned authorities. 8. Heard learned counsel for the parties and also perused the documents annexed with the petition. 9. The Madhya Pradesh High Court at Gwalior Bench in the matter of Dwarikaprasad Tiwari vs. State of M.P. and Others reported in 2008 (1) MPHT 102 held in paragraph 23 as under:- 5 “23. Consequently, no case is made out to interfere in the agreement already executed between the parties. As discussed above, in nutshell at the most the petitioner may raise a question of public amenities available at the bus stand, though the corporation has already stated in its return that the public amenities and basic facilities like toilet, bathroom, waiting room, canteen, parking, book stall, tea stalls etc. are available at the bus stand. As it was argued that adjoining to the bus stand enough land is available in possession of the Corporation for further development of the bus stand as well as the basic amenities, therefore this petition can be disposed of with the following directions: (1) That in future if the Corporation is required to maintain the bus stand it will provide basic facilities and amenities to the citizen like; toilet, bathroom, waiting room, canteen, parking, book stall, tea stalls etc. and other shops; (2) Now looking to the number of buses and for the convenience of the citizens approaching to the bus stand, corporation will again re-examine and reassess the question of construction of further shops and develop further facilities at the Bus Stand. (3) In case of any breach in terms and conditions of the lease agreement, the Corporation is always free to take appropriate steps. (4) At the time of renewal of lease corporation may again reconsider the question of its need and requirement of facilities and corporation is further 6 directed to maintain the cleanliness and to take care for the comfort and convenience of the citizens and passengers. With the aforesaid directions, this petition is disposed of. 10. High Court of Madras in the matter of B. Balathamburaj vs. The Commissioner, Madurai Corporation, Madurai... along with other connected matters reported in {2011 SCC OnLine Mad 2362} held in paragraph 27 reads as under:- “27. In view of the above, all the writ petitions are disposed of, with the following directions:- (i) The prayer for restoration of possession, made by all those petitioners, who were allotted vacant spaces or spaces earmarked for public purposes such as dispensary, rest room for police etc., is dismissed. But if the shop allotted to any of the writ petitioners do not fall under this category, but has always been earmarked for letting out as shop, then those writ petitioners are entitled to be put back to possession, within two weeks from the date of receipt of a copy of this order, without prejudice to the right of the Corporation to take fresh action for eviction in accordance with law. (ii) The places earmarked for public purposes such as corridors, passages, sit outs or rooms intended to be used as rest room for police, dispensary etc., shall not hereafter be let out by the Corporation... ” 11. The aforesaid decisions underline the importance of preserving and providing appropriate public amenities and facilities at places intended for use by members of the public. A bus stand is not 7 merely a place for boarding and alighting from buses; it is also a public facility where reasonable amenities for the convenience of passengers are required to be made available. 12. Considering the facts and circumstances of this case, this Court is of the opinion that a Luggage Parcel House (commonly referred to as a Cloakroom) is a necessity at the Hi-Tech Bus Stand premises. Accordingly, the petitioner is granted liberty to file an appropriate representation/application before the concerned authorities i.e. the concerned Municipal Corporation and CSIDC within 30 days from the date of receipt of a copy of this order. On receipt of such application, the respondent authorities are directed to consider and decide the same on its own merits, in accordance with law, within a period of 60 days, keeping in mind the necessity of a Cloakroom at the bus stand. 13. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay / Avinash