Chhattisgarh HC Stays Proceedings For Allotment Of Govt Land To Congress Party [Read Order]

The Division Bench comprising Chief Justice PR Ramachandra Menon and Justice Parth Prateem Sahu observed that the Petitioner had made out a prima facie case and it is pertinent to seek a response from the Respondent-authorities.

"We are of the view that a prima facie case has been made out by the petitioner. But we do not intend to express any opinion on this aspect, as the matter can be considered only after filing a reply by the respondent/State…

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Meanwhile, no further proceeding shall be pursued by the respondents concerned to give effect to the proceedings under challenge, till the next date of hearing," the order states.

Background

A government land, carrying "substantial value" as per the Petitioner, has been allotted to the Congress Party on in lease for 30 years, by the Kurud Nagar Panchayat.

The Petitioner, through Advocate Sharad Mishra, has claimed that the said land was reserved for construction of Cultural Center and other public purposes and that the lease had been executed without following the due procedure prescribed under the relevant provisions of Chhattisgarh Municipalities Act and Rules.

The primary grounds for challenge to allotment of the Government land to a political party are:

• The due procedure prescribed for allotment of government land to any political party in the Revenue Book Circular as well as in the Chhattisgarh Municipalities Act and Rules has not been adhered to.
• The guidelines issued by the Supreme Court in Akhil Bhartiya Upbhokta Congress v. State of MP, 2011 (5) SCC 29, with respect to allotment of government land has not been followed.
• The said allotment is violative of Bangalore Medical Trust v. BS Muddappa & Ors., AIR 1991 SC 1902, whereby the Supreme Court observed that a government land reserved for a particular public purpose should not be diverted for any other purpose.
• The said allotment is contrary to the provisions of land allotment rules to a political party which says that two government lands within the same city should not be allotted to any political party. In the present case congress party is already holding a government land on lease for the purpose of building its office but even after that another land in the same city has been allotted to them which contravenes the said allotment.
• The said allotment is in absolute contravention of statutory rules which provide that allotment should only be made on application of State President/ General Secretary of a Political Party, whereas in the present case allotment has been made on the application of Block President.
• The said allotment is against the procedure prescribed for allotment of government land inasmuch as no public auction or notice or any advertisement has been published before allotting the said land by passing of resolution by Nagar Panchayat Kurud.

Dy. Advocate General Chandresh Shrivastava appearing for the Government had refuted the petition as non-maintainable, stating that the same was filed by the leader of a political party and thus, could not be termed as a 'public interest litigation'.

On merits, he had argued that Rule 3B of the Chhattisgarh Municipalities (Transfer of Immovable Property) Rules, 1996 enables allotment of the Government land to the political parties for construction of their offices.

The matter is now listed for hearing on September 29.

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