1 2025:CGHC:9685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1317 of 2019 1 - Vinay Tiwari S/o Late Bharat Lal Tiwari Aged About 47 Years R/o Tiwari Hotel Sikolabhata, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Santosh Yadav S/o Bhagwat Ram Yadav Aged About 49 Years R/o Ambedkar Chowk Shankar Nagar, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 3 - S.R. Godwani S/o Godwani Aged About 54 Years R/o Sadani Nagar, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 4 - Ramesh Choursiya S/o Prem Narayan Choursiya Aged About 50 Years R/o Near Water Tank, Titurdih, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 5 - Mushkan Devi W/o Shri Laxman Das Sadani Aged About 40 Years R/o Sunder Nagar, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 6 - Prashant Sharma S/o Thakur Prasad Sharma Aged About 45 Years R/o Vivekananar Adarsh Nagar, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 7 - Pradeep Khatri S/o Khiyaldas Khatri Aged About 45 Years R/o Dixit Colony, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 8 - Pratap Rai Ishrani S/o Godhumal Ishrani, R/o Near Sindhi Gurudwara -2- Nala, Santra Badi, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 9 - Smt. Asha Saheta W/o Nandlal Saheta, R/o Santra Badi, Durt, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Public Work Mahanadi Bhawan, Atal Nagar, Mantralaya, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Superintending Engineer Public Work Department, Bridge Construction Circle Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Executive Engineer Public Work Department Bridge Construction Division Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 4 - Sub Divisional Officer Public Work Department Bridge Construction Sub Division Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 5 - Commissioner Municipal Corporation, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh 6 - Divisional Manager South East Central Railway, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 7 - Chief Engineer / Construction South East Central Railway Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 8 - Collector Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondents For Petitioners : Mr. R.K. Gomasta, Advocate For State : Mr. R.K. Gomasta, Advocate For State : Mr. Vinay Pandey, Dy. A.G. For respondent No.5 : Mr. Nishant Sharma, Advocate holding the brief of Mr. Anup Majumdar, Advocate For respondents No.6 & 7 : Ms. Anmol Sharma, Advocate 3 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.02.2025 1. The petitioners have filed this petition seeking the following relief(s):- “(i) That, this Hon'ble Court may kindly be pleased to call for the entire record, pertaining to the case of the petitioners, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authority to shift the project of construction of under bridge on parallel railway crossing number 445 (Dhamdha Naka Railway crossing) situated at 866/17-19 of Bombay Howrah Railway link since the ample empty land is remains for the shifting the project, in the interest of justice. (iii) That, this Hon'ble Court may kindly be pleased to respondent authorities to rehabilitation by shifting the shop of the petitioners or acquire the shop by granting compensation, in the interest of justice. (iv) That, this Hon'ble Court may kindly be pleased to respondent authorities to increase the width of the road from the pillar of retainer wall of under bridge to the shop shall be 40 feet for better business of the petitioners for livelihood, in the interest of justice (v) That, the Hon'ble Court may kindly be pleased to issue any other writ or writs/ order or orders/ direction or directions which the Hon'ble Court deemed fit and proper in the interest of justice.” -4- 2. Mr. Gomasta, the learned counsel appearing for the petitioners would fairly submit that respondent No.5/Municipal Corporation, Durg in its return has stated that if the petitioners move applications/representation for alternative accommodation or suitable place, such applications/representations would be considered and decided strictly in accordance with law keeping in view the interest of the petitioners. He would further submit that the petitioners may be permitted to make representation(s) and in turn, the respondent authorities may be directed to decide them expeditiously in an objective manner within a stipulated time. 3. On the other hand, learned counsel appearing for the respective respondents would oppose the submissions made by Mr. Gomasta. 4. Mr. Sharma, the learned counsel appearing for respondent No.5/ Municipal Corporation Durg would submit that if the petitioners make representation(s) before the Municipal Authorities, the same would be decided strictly in accordance with law. 5. Heard learned counsel appearing for the parties and perused the documents placed on record. 6. In para 3 of the return, the Municipal Corporation, Durg stated as under:- “3. Although the petitioners are not been evacuated by any authority due to the subject construction, but they have prayed for rehabilitation to some other place after 5 seeking compensation. It is submitted that no coercive action on behalf of respondent corporation is contemplated to disturb the already leased out shops to the petitioners, therefore no question for rehabilitation or any compensation arises if there is some inconvenience caused to their business. Furthermore, if the petitioners are desirable about shifting their business location due to inconvenience, then they may apply for alternative accommodation and only then the same will be considered within the four corners of law by the corporation.” 7. Taking into consideration the pleadings made by the Municipal Corporation, Durg in its return, the instant petition is disposed of reserving liberty in favour of the petitioners to make representation(s) before respondent No.5/Municipal Corporation Durg and in turn, the authority concerned is directed to decide the representation(s) strictly in accordance with the law in an objective manner preferably within a period of 90 days from the date of receipt of a copy of this order. Respondent No.5 shall make all endeavors to accommodate the petitioners at a suitable place. 8. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha