HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPC No. 2074 of 2021
Ajay Agrawal
Versus
State Of Chhattisgarh & Ors.
10/06/2021
Shri Malay Shrivastava, counsel for the petitioner.
Smt. Richa Shukla, Dy.G.A. for the State.
Heard on I.A. No.1 application for grant of interim relief. The perusal of the order dated 9/03/2021 would show that the Khasra No.169 area 0.56 acres was recorded as water body according to the misal bandobast of the year 1929-1930 and in the panchshala records also the same was shown as a water body.
The submission of the petitioner that the road was constructed by him for the public purpose and the road which has already been made may not be removed. It is further submitted that the same was done after obtaining permission from the Municipal Corporation. In the order dated 9/03/2021 direction have been made to restore the area 0.56 acres of Khasra No.169 by excavating the debris. The Supreme Court in case of Jagpal Singh & Ors. vs. State of Punjab & ors. (2011) 11 SCC 396 has observed that the nature of the water body at any cost cannot be changed. Since prima facie the order reflects that in the misal bandobast of year 1929-1930 land of 0.56 acres of Khasra No.169 was recorded as a water body, then in all cost the water body is required to be restored and the submission of the petitioner that he has made certain road cannot be appreciated. I do not find any bonafide in such submission for the reason that if the road are required to be constructed, the Municipal Corporation is duty bound to do it.
Consequently, I am not inclined to stay the order dated 9/03/2021. Accordingly, I.A. No.1 application for grant of interim relief is dismissed. Learned State counsel is directed to file reply.
List the case after four weeks.
(Goutam Bhaduri)
JUDGE
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