Facts
The petitioner sought allotment of 2,500 sq. ft. of land near the Hi-Tech Bus Stand, Bilaspur, to establish a luggage-parcel house or cloakroom.
Source reference: para. 1His application was rejected on 27 April 2022 because the Chhattisgarh Audhyogik Bhumi and Bhawan Prabhandhan Niyam, 2015 contained no enabling provision for such an allotment.
Source reference: para. 1The petitioner challenged that rejection, asserting that a cloakroom was a necessary passenger amenity.
Source reference: paras. 3–7The State submitted that he should approach the Municipal Corporation and CSIDC; those authorities stated that they would consider a fresh application in accordance with law.
Source reference: paras. 3–7Issues
1. Whether the rejection of the petitioner’s application for land to establish a luggage-parcel house at the Hi-Tech Bus Stand should be set aside.
Source reference: paras. 1–22. Whether the concerned authorities should consider a fresh application for the proposed facility, having regard to the need for passenger amenities at the bus stand.
Source reference: paras. 5–7, 11–12Law Applied
The Court noted that the application had been rejected because the Chhattisgarh Audhyogik Bhumi and Bhawan Prabhandhan Niyam, 2015 contained no provision authorising allotment for the proposed purpose.
Source reference: para. 1It relied on Dwarikaprasad Tiwari v. State of M.P. and Others, 2008 (1) MPHT 102, concerning the provision and reassessment of public amenities at bus stands.
Source reference: para. 9It relied on B. Balathamburaj v. The Commissioner, Madurai Corporation, Madurai, 2011 SCC OnLine Mad 2362, concerning the preservation of spaces earmarked for public purposes.
Source reference: para. 10The Court stated that a bus stand is a public facility at which reasonable amenities for passengers should be available.
Source reference: para. 11Reasoning
The Court treated the cloakroom as a necessary amenity at the Hi-Tech Bus Stand, drawing on the principle that bus stands should provide facilities for passengers’ convenience.
Source reference: paras. 11–12It did not direct allotment of the land or invalidate the rejection on the merits.
Source reference: paras. 7, 12Instead, in light of the authorities’ position that a fresh application could be considered, it permitted the petitioner to apply to the Municipal Corporation and CSIDC and directed them to decide the application in accordance with law, while keeping the need for a cloakroom in mind.
Source reference: paras. 7, 12Holding
The Court disposed of the petition with liberty to the petitioner to submit an appropriate representation or application to the concerned Municipal Corporation and CSIDC within 30 days of receiving the order.
The authorities were directed to consider and decide it on its merits and in accordance with law within 60 days, keeping in mind the necessity of a cloakroom at the bus stand.
Source reference: para. 12No direct allotment of land was ordered.
Source reference: para. 12Original Court PDF
AKSHAY SHARMAvsSTATE OF CHHATTISGARH
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