The Chhattisgarh High Court refrained from directing the authorities to develop a superstructure at a particular place to develop it as a District.
The Division Bench of Acting Chief Justice Goutam Bhaduri and Justice N.K. Chandravanshi disposed of a Public Interest Litigation (PIL).
The background of the case is that a new district namely “GaurelaPendra-Marwahi” was created by inclusion of whole tehsils of Pendra road, Marwahi and Gaurela Tehsil of District Bilaspur. The petitioners claim that the infrastructure is now being developed at Gaurela and certain superstructures are being made at Gaurela.
Badruddin Khan , Counsel submit that the construction of the infrastructure/superstructure of the Government building should have been an equidistant from GaurelaPedra-Marwahi for which at village named Kodwahi 100 acres of Government land is available. It is further stated that from Kodwahi to Gaurela would be 19 K.M.; Kodwahi to Pendra 20 K.M.; and Kodwahi to Gaurela 19 K.M. of distance, therefore, the balance and convenience to the public at large would be better if the superstructure and the infrastructure are raised at village Kodwahi, which would fall at equidistant.
Per contra, State counsel opposes the arguments and would submit that the construction of the superstructure of the building would be within the domain of executive work and various other factors are required to be considered to develop a superstructure. Therefore, the petitioners cannot claim that at a particular place the infrastructure/superstructure be raised.
The submission of the petitioners that the infrastructure should have been developed at Village Kodwahi, inasmuch as, the Government land of 100 acres is available for the reason that it would be at equidistant from Gaurela-Pendra-Marwahi may be one of the factors of convenience for consideration but the same cannot be the sole factor. To develop a district different factors come into play like to develop a superstructure and the infrastructure therein apart from accommodation available , observed the High Court.
In order to establish and run a district the officers; their residence; and other amenities are also required to be considered and apart from the administrative exigencies. This action purely being an administrative/executive act, the Court in exercise of power under Article 226 of the Constitution of India would refrain itself from directing the authorities to develop a superstructure at a particular place to develop it as a District as the petitioners claim. Therefore, the High Court is not inclined to admit this petition. The petitioners may approach the concerned/respective Collector for their grievance, if any , the Court directed.