High CourtsDivision Bench(2021) 08 CHH CK 0006

Chhattisgarh Grih Nirman Mandal Through - Commissioner vs Usha Devi Agrawal

Chhattisgarh High Court · Decided on 3 August 2021

HON’BLE JUDGES
Prashant Kumar Mishra, J · N.K. Chandravanshi, J
RESULT
Disposed Of
CASE NUMBER
Writ Appeal No. 309 Of 2020

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Judgment

18 paragraphs · 276 words
1.

Heard.

2.

Pursuant to our order dated 26.7.2021, the Commissioner, Chhattisgarh Grih Nirman Mandal has filed an affidavit stating the following :

WA No. 309 of 2020

“1. That this Hon'ble Court on 22.7.2021 directed me to file an affidavit explaining as to why para 11 of the order dated 15.01.2020 passed in Writ

Petition (C) no.2772/2010 was not complied with.

2.

That it is my respectful submission that challenging the order dated 15.01.2020 passed in WPC no.2772/2010 the Chhattisgarh Housing Board has

filed the instant appeal i.e. Writ Appeal no.309/2020 along with an application for interim relief and is having every hope to succeed in the instant

appeal. With this bonafide hope and belief the Chhattisgarh Housing Board has not proceeded with acquisition proceeding under section 49 of the

Chhattisgarh Grih Nirman Mandal Adhiniyam, 1972, however, tried to settle the dispute amicably with the petitioner but the petitioner is stubborn in not

paying the development charge of the alternate land offered by the Housing Board. This is the bonafide mistake and for which I tender my

unconditional apology.

3.

That I assured this Hon'ble Court that within 6 months either acquisition proceeding will be concluded or amicable settlement be done with the

petitioner.

4.

That I am having very regard to the orders passed by the Hon'ble Courts and cannot dare to flout the orders even in dream. This is the bonafide

mistake and for which I tender an unconditional apology.â€​

3.

In view of the above statement made in the affidavit filed by the Commissioner of appellant-Chhattisgarh Grih Nirman Mandal, nothing survives in

this appeal for adjudication.

4.

The appeal stands disposed of.