Shravan Kumar Rathore vs State Of Chhattisgarh
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Chattisgarh High Court

Shravan Kumar Rathore vs State Of Chhattisgarh on 7 July, 2025

                                        1




                                                            2025:CGHC:30871


                                                                              NAFR

         HIGH COURT OF CHHATTISGARH AT BILASPUR

                            WPC No. 3452 of 2025

1 - Shravan Kumar Rathore S/o Late Daakchand Rathore Aged About 65 Years
R/o Near Guru Ghasidas Square, Transport Nagar Korba, District - Korba C.G.
                                                          ... Petitioner(s)

                                     versus

1 - State Of Chhattisgarh Through Secretary, Department Of Revenue,
Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur C.G.
2 - Municipal Corporation Korba Through Commissioner, Nagar Palika
Nigam Korba, District - Korba C.G.
3 - Sub Divisional Officer (Revenue) Korba, District - Korba C.G.
4 - Tehsildar Korba, District - Korba C.G.
5 - Collector, Korba, District - Korba C.G.
                                                      ----Respondents

(Cause-title taken from Case Information System) For Petitioner : Mr. Priyank Rathi, Advocate For Respondent-State : Ms. Poorva Tiwari, P.L. For Respondent No. 2 : Mr. Pankaj Agrawal, Advocate

Hon'ble Shri Arvind Kumar Verma Order on Board 07/07/2025

1. Counsel for the Petitioner prays for the following relief(s):-

(i)That, this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, more particularly a writ in the nature of Mandamus, directing the respondent authorities to forthwith remove the unauthorized illegal construction made by the Municipal Corporation, Korba, over the petitioner's land bearing Khasra No. 188/1d.2, situated at village Korba, Tehsil and District Korba (C.G.) and to restore peaceful possession thereof to the petitioner.

(ii)That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction directing the respondent authorities to pay adequate monetary compensation to the petitioner as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the illegal encroachment and deprivation of possession of his land, along with interest and damages for mental agony, distress and loss of use.

(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.

2. Learned counsel for the petitioner submits that the petitioner

is the recorded owner of the land bearing Khasra No.

188/1d.2, admeasuring 0.14 acres, situated in Village Korba,

Patwari Halka No. 4, Revenue Inspection Mandal Korba,

Tehsil and District Korba (C.G.). The demarcation of the said

land was duly carried out on the spot on 22.10.2009 by the

Revenue Inspector, Bhaisma, and the Revenue Inspector,

Korba, in compliance with the directions of the Tehsildar.

3. Learned counsel for the petitioner further submits that a

portion of the said land, measuring approximately

(64x46/64x54) dismil, situated near Guru Ghasidas Square,

has been encroached upon by the Municipal Corporation,

Korba, which has illegally constructed a commercial complex

over the said portion of the petitioner's private land bearing

Khasra No. 188/1d.2. Despite several representations

submitted by the petitioner before the Commissioner,

Municipal Corporation, Korba, requesting the removal of the

unauthorized construction and restoration of possession, no

action has been initiated by the respondent authorities to date.

Furthermore, the petitioner has neither been compensated

unauthorized acquisition of his land nor for the construction

undertaken thereon by the respondent department, therefore

he prays for a direction to the concerned authorities to decide

his representation dated 12.06.2025 and thereafter either

restore the possession or pay the compensation to the

petitioner by the respondent authority. In support of his

contention, learned counsel for the petitioner placed his

reliance upon a decision of this Court in the case of Alok Lal

Vs. State of Chhattisgarh passed in WPC No. 4770 of

2019.

4. Learned counsel for respondents submits that in view of the

limited prayer made by the learned counsel for petitioner

seeking direction to respondent-authorities to consider the

claim towards proper compensation or restoration of

possession, they are having no objection to the limited prayer

and if the claim of the petitioner is pending, it will be

considered in accordance with law.

5. I have heard learned counsel for the parties and perused the

material available on record.

6. Considering the judgment passed by this Court in WPC No.

4770/2019 in the case of Alok Lal Vs. State of

Chhattisgarh, and also considering the facts and

circumstances of the case instead of keeping this petition

pending, I find it appropriate to dispose of the same at this

stage directing the respondent-authorities to consider/decide

the pending representation dated 12.06.2025 of the petitioner

on its own merits as expeditiously as possible in accordance

with law. If it is found that the land of the petitioner has been

encroached by the Municipal Corporation, Korba, necessary

steps be taken for payment of compensation towards the land

owned by the petitioner in accordance with law.

7. With the aforesaid direction, the writ petition is disposed of.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti