1 / 5 2025:CGHC:10369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1221 of 2025 1 - Anuradha Thakur W/o Vinayak Thakur Aged About 50 Years Old R/o Vijay Ward No. 2, Dokrighatpara, Jagdalpur, Tehsil Jagdalpur, District Bastar Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 – Commissioner, Municipal Corporation, Jagdalpur, District Bastar Chhattisgarh. 3 - Sub Divisional Officer (Revenue) Jagdalpur, District Bastar Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Manoj Paranjpe, Advocate alongwith Mr. Anshul Tiwari, Advocate For Respondents/State : Ms. Upasana Mehta, Dy. Govt. Advocate For Respondent No.2 : Mr. Ashutosh Singh Kachhawaha, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 2 / 5 03/03/2025 1. By the present writ petition, the petitioner is questioning the order dated 21/02/2025 (Annexure P/1) and the final notice dated 27/02/2025 (Annexure P/2) issued by the Municipal Corporation, Jagdalpur by which the petitioner has been asked to remove the illegal construction raised over the land in question bearing Khasra No.71/6 admeasuring 0.4480 Hectare which is owned by the petitioner. 2. (i) Learned counsel appearing for the petitioner submits that the final notice dated 27/02/2025 has been issued in complete violation of the provision prescribed under Section 307(2) (b) and 308-A of the Chhattisgarh Municipal Corporation Act, 1956 (for short, “the Act of 1956”). He submits that the impugned action has been taken without following the provision of Section 307 (2) (b), which prescribes that the proceeding in respect of Section 294 can be taken only after compliance of the provision which reads as under :- “307. Power to require, removal or alteration of work not in confirmity with bye-laws or any scheme or any other requirement.-- xxx xxx xxx (2) if a building is erected or re-erected xxx xxx xxx the Commissioner, unless he deems it necessary to take proceedings in respect of such building or work under Section 294, shall --- xxx xxx xxx (b) shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly 3 / 5 authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down.” (ii) In the present case, the respondent/Corporation has not followed the aforesaid provision and issued the order of removal as also the provision of Section 308-A of the Act of 1956 has not been followed and the petitioner is having a right to apply for compounding of the offence of illegal construction, if any. However, the said opportunity has not been afforded to the petitioner and the impugned orders have been passed. (iii) Learned counsel for the petitioner, on instruction, submits that the petitioner is using the land in question and raised the construction over the agricultural land but no commercial activities is being undertaken in the land in question. He further submits that as far as the diversion of the land in question is concerned, the petitioner has filed an appeal before the Additional Collector which is pending till date. 3. Learned counsel appearing for the respondent/ Municipal Corporation submits that the order dated 21/02/2025 and the final notice dated 27/02/2025 have been issued to the petitioner as he is using the land in question for commercial purpose although the land has not been diverted for commercial use. He further submits that in the said land, the petitioner has raised construction without any permission from the Corporation which is contrary to the provisions prescribed under Section 307 of the Act of 1956 and hence the order and notice for removal of the said illegal construction has been issued in accordance with law and there is 4 / 5 no illegality. The petitioner herein is using the land in question for commercial activities without permission from the concerned authority under the Corporation as well as from the Town and Country Planning Department. 4. I have heard learned counsel for the parties and perused the documents as well as the order dated 21/02/2025 (Annexure P/1) and the final notice dated 27/02/2025 (Annexure P/2). 5. From perusal of the said order and notice, it appears that the land in question bearing Khasra No.71/6 admeasuring 0.4480 Hectare is owned by the petitioner and in the said land, the petitioner has constructed boundary wall as well as some construction and for which the petitioner has not obtained any permission from the Municipal Corporation. 6. Though the petitioner has not applied for compounding of offence of the said construction but the petitioner undertakes that the petitioner shall apply for compounding of the offence of construction of building without permission under Section 308-A of the Act of 1956. 7. As far as the use of the land for commercial purpose is concerned, the petitioner shall file an affidavit and undertaking before the Municipal Corporation and till the diversion of the land, the petitioner shall not use the land in question for commercial activities. If the petitioner herein shall apply for compounding of offence of construction under Section 308-A of the Act of 1956 and submits an undertaking by filing an affidavit before the 5 / 5 Corporation, the Corporation shall take a decision on the application for compounding of offence and shall pass appropriate order on the said application of compounding offence, in accordance with law and on its own merits, at the earliest. 8. If the petitioner in violation of his undertaking, will utilize the land in question for commercial purpose, the Corporation is at liberty to take appropriate steps against the petitioner, in accordance with law. 9. It is made clear that till the decision of the Corporation. status quo, with respect to the land in question, as it exists today, be maintained by both the parties. 10. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar