1 2025:CGHC:24510 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1971 of 2022 1 - Rahul Chandrakar S/o Homelal Chandrakar Aged About 37 Years R/o Ward No. 8 Bazaar Chowk Utai District Durg Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Principle Secretary, Department Of Rural And Urban Development, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector Durg, District Durg Chhattisgarh. 3 - Chief Executive Officer Nager Panchayat Utai, District Durg Chhattisgarh. --- Respondent(s) WPC No. 1972 of 2022 1 - Sushil Sahu S/o B.L. Sahu Aged About 48 Years R/o Ward No.8 Bazaar Chowk Utai District Durg Chhattisgarh. ---Petitioner(s) 2 Versus 1 - State Of Chhattisgarh Through Principle Secretary Department Of Rural And Urban Development, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector Durg District Durg Chhattisgarh. 3 - Chief Executive Officer, Nagar Panchayat Utai District Durg Chhattisgarh. --- Respondent(s) WPC No. 1973 of 2022 1 - Ishwar Sahu S/o Jageshwer Aged About 42 Years R/o Ward No. 8, Bazaar Chowk Utai District Durg Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Principal Secretary Department Of Rural And Urban Development , Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector Durg District Durg Chhattisgarh. 3 - Chief Exeuctive Officer Nagar Panchayat Utai District Durg Chhattisgarh. --- Respondent(s) WPC No. 1974 of 2022 1 - Hemant Sahu S/o B.L. Sahu Aged About 46 Years R/o Ward No.8 Bazaar Chowk Utai District Durg, Chhattisgarh. ---Petitioner(s) 3 Versus 1 - State Of Chhattisgarh Through Principal Secretary Department Of Rural And Urban Development, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 2 - Collector Durg, District Durg, Chhattisgarh. 3 - Chief Executive Officer Nager Panchayat Utai District Durg, Chhattisgarh. --- Respondent(s) WPC No. 1975 of 2022 1 - Baljeet Singh Bhatti S/o Gurmeet Singh Bhatti Aged About 41 Years R/o Ward No. 8 Bazaar Chowk Utai District Durg Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Principle Secretary Department Of Rural And Urban Development, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector Durg District Durg Chhattisgarh. 3 - Chief Executive Officer Nager Panchayat Utai District Durg Chhattigarh. --- Respondent(s) WPC No. 1967 of 2022 1 - Narendra Singh Rajput S/o Bachhe Singh Rajput Aged About 52 Years R/o Ward No. 9 Bazaar Chowk Utai, District- Durg, Chhattisgarh, District : Durg, Chhattisgarh ---Petitioner(s) 4 Versus 1 - State Of Chhattisgarh Through Principle Secretary Department Of Rural And Urban Development, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chattisgarh 2 - Collector Durg, District- Durg, Chhattisgarh 3 - Chief Executive Officer, Nager Panchayat Utai, District- Durg, Chhattisgarh --- Respondent(s) For Petitioner(s) : Shri Anurag Jha, Advocate For Respondent No.1 & 2 /State For Respondent No.3 : : Shri Praveen DAs, Dy.AG Shri A.A.Laxmidhar Advocate on behalf of Shri Ali Asgar, Advocate, Shri Ghanshyam Patel and Ms. Rakshita Mishra Advocates in respective petitions. (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 16/06/2025 The above batch of petitions have been filed by the petitioners under Article 226 of the Constitution of India against the order dated 08.04.2022 passed by the respondent No.3 directing to demolish the houses of the petitioners for the development of Paui Pasari Scheme. 2. Contention of the counsel for the petitioners is that the petitioners have neither been allocated any land nor has been compensated. He submits that because of the reason that “audi- urtram-partam” no person can be displaced from his house without opportunity of being heard. It is submitted that the house of the petitioners is the only shelter and as such may not be demolished. 5 3. Contention of the counsel for the State is that the State Government has introduced a scheme namely Pauni Pasari Scheme and as per the said scheme, Nagar Panchayat Utai was required to construct the shops for the unemployed persons for their betterment and a per the instructions of the State government, the land has been earmarked and it was found that some of the villagers including the present petitioner have encroached the government land by exceeding their construction over it and therefore notices were issued to the petitioners after affording ample opportunity of hearing to the petitioners. 4. It is submitted that the Assistant Revenue Inspector of Nagar Panchayat Utai after inspecting and demarcating the land in question which has been encroached by the petitioners found that the petitioners had encroached the government land and after receiving the notices, the petitioners did not turn up nor filed reply to the notice and reminder letters have also been issued. The petitioners were never allotted any land and they are the encroachers. 5. In view of the foregoing discussion, it is directed that the respondents shall only demolish the construction over the encroached government land if any, after the same is demarcated in the presence of the petitioners. 6. With the above observation, the petitions stand disposed of. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.06.18 11:16:45 +0530