Chhattisgarh High Court: A Division Bench of P.R. Ramachandra Menon, CJ and Parth Prateem Sahu, J., addressed an issue with regard to the alienation of Government Land.
Petitioner approached the Court challenging the course and proceedings being taken by the respondents in connection with the alienation of the Government Land, allegedly without any regard to the relevant provisions of law.
Further, it has been stated that the land in question is being allotted to a particular political party through respondents 3 and 4.
Petitioners Counsel, Sharad Mishra submitted that the property was allotted to the respondent concerned. At present, it has been sought to be allotted in the name of Pramod Sahi — Respondent 6 vide the resolution on a lease for 30 years.
Counsel further submits that, no prior sanction of the Government land has been obtained which is clearly in violation of Section 109 of the Municipalities Act, 1961.
As respondent 6 has been allotted a plot already for the purpose of setting up an office, by virtue of the clear mandate under Rule 3B (ii) (b) & (c) of the Rules, 1996, no further allotment shall be made again in their name.
Dy. Advocate General, Chandresh Shrivastava on behalf of the State submitted that the present petition is not maintainable, so far as the petitioner is having a private interest being the leader of a political party.
It was also pointed out that Rule 3B of the Act of 1996 enables allotment of the Government land to the political parties for the construction of their offices.
High Court on perusal of the above held that a prima facie case has been made out by the petitioner and hence the case stands admitted.
Bench has issued notices to the State Government and directed them to file their reply.
Matter to be posted for further consideration on 20-09-2020. [Bhanu Chandrakar v. State of Chhattisgarh, 2020 SCC OnLine Chh 183, decided on 01-09-2020]