Shankar Lal Patel vs State Of Chhattisgarh
2022 Latest Caselaw 7597 Chatt

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                                                                            NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR
                       Writ Petition (C) No.5634 of 2022

   1. Shankar Lal Patel S/o Kanti Bhai Patel Aged About 56 Years R/o C/o Shri
      Shankar Saw Mill, Mungeli Road, Near Uslapur Over Bridge, Tahsil and
      District Bilaspur (C.G.)
   2. Shri Kachchhakadwa Patidar Samaj Bhawan Bilaspur Through Its
      President Madhavji Bhai Patel S/o Dhanji Bhai Patel Aged About 60 Years,
      R/o Shri Shankar Saw Mill, Mungeli Road, Near Uslapur Over Bridge,
      Tahsil and District Bilaspur (C.G.)
                                                               ---- 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 P. Acharya, Panel Lawyer.
      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.1584/2 measuring 0.31 Acre so far as petitioner No.1 is

concerned. As regards the petitioner No.2 is concerned he is in occupation

of the land situated at Khasra No.1591/1 which was earlier part of Khasra

No.1590/2 measuring 0.42 Acres 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 and they

have purchased the same 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 in respect of petitioner

No.1 that was passed by the 7th Civil Judge, Class-2 Bilaspur in Civil Suit

No.100A/2004, decided on 30.07.2005.

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. The Government authorities are

also directed to ensure that on an application for demarcation appropriate

steps shall be taken promptly for demarcation.

8. The writ petition accordingly stands disposed of.

Sd/-

(P. Sam Koshy) Judge inder