The Chhattisgarh High Court has dismissed a Public Interest Litigation (PIL) alleging the private respondent had constructed a four-star hotel without taking any permission and without changing land use.
The PIL filed by one Balram Kashyap stated that if any work is carried out in contravention of provisions of Section 10 of Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973, the Municipal Corporation within its local area and the Collector in areas outside Municipal Corporation may cause such work to be removed or demolished.
On a query of the High Court as to when the construction started, Arjit Tiwari, the counsel for the petitioner, submitted it was began in 2017 and the work was completed in 2019.
Sumesh Bajaj, the counsel for the private respondent, submitted that the allegations made are incorrect and permission was obtained and building was constructed after obtaining permission and for change of land use. Bajaj further contended that for the change of land use, the private respondent had paid the charges as stipulated in Rules in force.
The Division Bench of Chief Justice Arup Kumar Goswami and Justice Deepak Kumar Tiwari, while considering the PIL, observed the petition is filed on 13.05.2022 after more than 3 years of the completion of the hotel and from 5 years of the beginning of its construction, and therefore, the Court was not inclined to interfere with the petition.
The petitioner may approach the authorities in accordance with law with regard to his grievances as espoused in the present petition, the Bench directed.