Chattisgarh High Court
Santosh Singhania vs State Of Chhattisgarh on 15 December, 2022
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (C) No.5596 of 2022
1. Santosh Singhania S/o Late Shravan Kumar Singhania Aged About 58
Years R/o House No. B-1, Minocha Colony, Mungeli Road, Bilaspur, Tahsil
and District Bilaspur Chhattisgarh
2. Smt. Seema Singhania W/o Santosh Singhania, Aged About 53 Years R/o
House No. B-1, Minocha Colony, Mungeli Road, Bilaspur, Tahsil And
District Bilaspur Chhattisgarh.
3. D.D. Bajaj S/o Shri Kankaiya Lal Bajaj, Aged About 66 Years R/o Mungeli
Road, Bilaspur, Tahsil and District Bilaspur Chhattisgarh.
---- Petitioners
Versus
1. State of Chhattisgarh Through - Secretary, Urban Administration
Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur, District Raipur Chhattisgarh
2. Collector, Bilaspur, District Bilaspur Chhattisgarh
3. Commissioner, Municipal Corporation, Bilaspur, District Bilaspur
Chhattisgarh
4. Tahsildar Bilaspur, District Bilaspur Chhattisgarh
---- Respondents
For Petitioners : Shri PK Tulsyan, Advocate.
For State : Shri Ghanshyam Patel, Govt. Advocate.
For Municipal Corporation : Shri Sandeep Dubey, Advocate.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
15.12.2022
1. Aggrieved by the action on the part of the respondent-Municipal
Corporation in initiating a demolition drive, the present writ petition has
been filed.
2. The contention of the petitioners is that they have a valid registered sale
deed duly executed in their favour in respect of the property that situates
at Khasra No.1608/6 at Minocha Colony, Mungeli road admeasuring 4900
sq. feet so far as petitioner No.1&2 is concerned. As regards the petitioner
No.3 is concerned he is in occupation of the land situated at Khasra
No.1609/1 which has now been renumbered as 1609/3 measuring 0.1
Acre of land.
3. According to the petitioners, whatever little construction that they have
made is all within the said property which they are in possession that they
have purchased and have title rights over the said property and that they
have not encroached upon any government land and the action of
demolition is therefore arbitrary and illegal.
4. The counsel for Municipal Corporation, Bilaspur, submits that as of now
the Municipal Corporation is only intending to carry out a demarcation of
the property belonging to the government at Khasra No.1552 and after
demarcating the same any construction that is found in the said Khasra
number that would be ordered to be removed in accordance with law and
that the Municipal Corporation does not intend to enter into anybodies
private property. It is only the intention of the department to ensure
removal of encroachment from the government land.
5. The counsel for the petitioners submits that they do not have any objection
if the property is demarcated. However, the demarcation part may be
carried out in accordance with law by the concerned authority and also
taking into consideration the judgment and decree that was passed by the
7th Civil Judge, Class-2 Bilaspur in Civil Suit No.28A/2006, decided on
30.04.2007 and Civil Suit No.11A/2005, decided by the 4 th Civil Judge
Class-1, Bilaspur, decided on 29.11.2011.
6. This court in the recent past in WPC No.5544 of 2022 had disposed of a
writ petition of the similar nature of the same vicinity on 12.12.2022. While
disposing of the said writ petition, this court has made the following
observations;
"5. Given the said facts and also taking into consideration the
Judgment and Decree dated 16.6.2016 passed by the 6 th Civil
Civil Judge, Class-II, Bilaspur in Civil Suit No.263A/2014, this
Court is of the opinion that the whole dispute can be resolved
subject to the Petitioner's moving an Application before the
Revenue Authorities for getting his property demarcated
based upon the registered sale-deed that the Petitioner has
in respect of the same.
6. Accordingly, let the Petitioner move an appropriate
Application within a period of 10 days from today and upon
such Application being made, the Respondent Municipal
Authorities are directed to ensure that the demarcation
proceeding is concluded at the earliest within a period of
three months after hearing all the necessary parties to the
subject land.
7. Subject to the demarcation being carried out, if there is any
construction which has been found to have been illegally
raised at Khasra No.1552, the Municipal Authorities would be
at liberty to continue with the demolition drive. However, in
case, no construction is found to have been raised on the
property that is situated at Khasra No.1591/3 or 1591/13, as
the case may be, the demolition drive should not be carried
out in the subject land."
7. Given the fact that the present writ petition also is in respect of the
adjoining land, the writ petition can be disposed of in similar terms.
Accordingly, the Municipal Corporation, Bilaspur as also the
State/Revenue Authorities and the petitioners are directed to ensure that
their respective property is demarcated in accordance with law at the
earliest within a period of two weeks and on such demarcation being done,
appropriate steps be taken for removal of any encroachment if found on
the government land i.e. Khasra No.1552.
8. The writ petition accordingly stands disposed of.
Sd/-
(P. Sam Koshy)
Judge
inder
