1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2351 of 2025 1 - Ravinder S. Madan S/o Late Dr. Shri M.S. Madan Aged About 67 Years R/o House No. 56/a, Smriti Nagar, Bhilai, Distt. Durg, C.G. 2 - Ritu Madan W/o Ravinder S. Madan Aged About 61 Years R/o House No. 56/a, Smriti Nagar, Bhilai, Distt. Durg, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Dist. Raipur (C.G.) 2 - The Collector Durg Collectorate Office, District Durg (C.G.) 3 - The Municipal Corporation Bhilai Through Its Commissioner Bhilai, District Durg (C.G.) 4 - The Tahsildar Tahsil- Durg, District Durg (C.G) 5 - The Revenue Inspector Junwani, Tahsil- Durg, District Durg (C.G) 6 - President Smriti Housing Construction Cooperative Society Limited, Bhilai, Reg No D.R/d.A.G./68, Dated 11/11/1980 District Durg (C.G.) 7 - Shri Brijesh Sharma S/o Shri Om Prakash Sharma Aged About 44 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Years R/o Ward No 36, New Khursipar Market Khursipar, Distt. Durg, C.G. ... Respondent(s) For Petitioner : Mr. Animesh Verma, Advocate. For respective respondents : Mr. Pankaj Agrawal, Mr. T.K. Tiwari, Mr. Bhaskar Payashi, Advocates For State : Ms. Anuja Sharma, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/05/2025 1. The petitioners have filed this petition against the impugned notice dated 27.04.2025 whereby the Revenue Inspector Mauja Junwani, Durg has informed them that the land bearing Khasra No. 541 is recorded in the revenue records as government land however, a house has been constructed upon the same. As such, a writ petition bearing WPC No.1952/2025 was filed before this Court with an allegation that the Government land has been encroached, upon which, this Court has directed to verify the said allegation about illegal encroachment made by the petitioners over the Government land within 20 days and if it is found that the respondent No.6/ petitioner herein, has increased upon the said land while illegally raising construction over the land bearing Khasra No. 541, the Collector as well as the Municipal Corporation Bhilai District Durg shall take necessary steps in accordance with law against the respondent no.6/petitioner herein. On the basis of such an order, the petitioner was directed 3 to appear on 28.04.2025 along with the documents and with the written objection, if any. 2. By way of this petition, the petitioners have prayed for following reliefs:- “10.1 It is prayed that this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, direction thereby quashing and setting aside the impugned notice dated 27/04/2025 (Annexure P/1). 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, direction thereby restraining the respondents from interfering in the property right of the petitioners with respect to the subject property created by virtue of registered sale deed. 10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, direction thereby declaring the action of the respondents against the petitioners as without jurisdiction. 10.5 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also be granted to the petitioners.” 3. Learned counsel for the petitioners submits that the earlier writ petition was filed by a complainant who was having grudge with 4 the petitioners and other local persons who have constructed their houses after purchasing the land through registered sale deed and while taking due permission from the concerned authorities. However, due to malice, the complainant has incorrectly made a complaint. According to the petitioners, the land bearing Khasra No.5545/2 has been purchased by the petitioners from earlier purchaser of land through Society and the seller has constructed a house upon the said land after due permission and due approval of the Government as well the Municipal Corporation. When the petitioners have purchased the land along with the house they have gone through the documents and it was found that the land and house in question was purchased by the seller and after due permission constructions were raised and therefore after verifying the same and after going through the documents when they have satisfied then only the land including house was purchased. Due to order passed by this Court neighboring houses are being demolished and a notice has been given to the petitioners also as such he has approached this Court with the reliefs as prayed for. The respondents have not complied the order passed by this Court in WPC No. 1952/2025 in which it has been clearly mentioned that the respondents are required to verify and examined the complaint of the writ petitioners of the aforesaid writ and on due verification the steps have to be taken, however, no such verification has been done and without any justification the demolition is being carried which is per se illegal. 5 4. On the other hand, learned State Counsel as well as counsel for the respondent–Municipal Corporation submit that the impugned notice is merely a notice in which the petitioner was directed to appear along with all the documents for due verification. As such, no cause of action has arisen for the petitioner to approach this Court. The notice itself clearly directs the petitioner to appear with the relevant documents for verification. However, the petitioners have rushed to this Court without there being any cause of action. The petition is premature and liable to be dismissed at the threshold. 5. I have heard learned counsel for the parties, considered their submissions put forth before me and have also gone through the documents appended to the writ petition. 6. Upon perusal of the documents, it appears that by the impugned notice, the petitioner has merely been called upon to appear along with the relevant documents for the purpose of verifying the facts stated in the complaint. Furthermore, as per the order passed by this Court in WPC No. 1952/2025, there appears to be no immediate cause for concern for the petitioner. However, in view of the general tendency of the Revenue authorities as well as the Municipal authorities, the petitioners, being under a state of apprehension, have approached this Court out of fear. The petitioners are senior citizens who have purchased the house in question through a registered sale deed. The record indicates that the land and house in question were originally acquired by the 6 erstwhile owner through lawful means, and after obtaining due permission, construction was carried out on the premises. The present petitioners are subsequent purchasers who have invested a significant portion of their hard-earned savings into this property. Therefore, due process must be followed, and merely on the basis of a complaint, a lawfully constructed house cannot be demolished for the sake of satisfaction of the complainant. 7. Recently, in the matter of Re : Directions in the matter of demolition of structures reported in the 2024 SCC OnLine SC 3291 , the Hon’ble Supreme court has deprecated the demolition of so called encroachments made on government lands. While writing the aforesaid judgment, Hon’ble Justice B.R. Gavai ‘as he then was’ has written about the hardship of a person who has constructed/purchased a house. The said lines are :- “ अपना घर हो, अपना आं गना हो, इस ख्वाब में होर कोई जीता हो। इ सना को दिल को ये चाहोता हो, दिको एको घर को सपना कोभी ना छू$ टे।" 8. In the aforesaid judgment certain directions have been issued by the Hon’ble Supreme Court in respect of removal of superstructure in Re : Directions in the matter of demolition of structures reported in the 2024 SCC OnLine SC 3291 which reads as under:- “DIRECTIONS 90. In order to allay the fears in the minds of the citizens with regard to arbitrary exercise 7 of power by the officers/officials of the State, we find it necessary to Issue certain directions in exercise of our power under Article 142 of the Constitution. We are also of the view that even after orders of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before an appropriate forum. We are further of the view that even in cases of persons who do not wish to contest the demolition order, sufficient time needs to be given to them to vacate and arrange their affairs. It is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens would not fall on the authorities if they hold their hands for some period. 91. At the outset, we clarify that these directions will not be applicable if there is an unauthorized structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law. A. NOTICE I. No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days' time from the date of service of such notice, whichever is later. 8 II. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be affixed conspicuously on the outer portion of the structure in question. III. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice. iv. To prevent any allegation of backdating, we direct that as soon as the show cause notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate of the district digitally by email and an auto generated reply acknowledging receipt of the mail should also be issued from the office of the Collector/District Magistrate. The Collector/DM shall designate a nodal officer and also assign an email address and communicate the same to all the municipal and other authorities in charge of building regulations and demolition within one month from today. v. The notice shall contain the details regarding: a. the nature of the unauthorized construction. b. the details of the specific violation and the grounds of demolition. c. a list of documents that the noticee is required to furnish along with his reply. d. The notice should also specify the date on which the personal hearing is fixed and 9 the designated authority before whom the hearing will take place; vi. Every municipal/local authority shall assign a designated digital portal, within 3 months from today wherein details regarding service/pasting of the notice, the reply, the show cause notice and the order passed thereon would be available. B. PERSONAL HEARING I. The designated authority shall give an opportunity of personal hearing to the person concerned. ii. The minutes of such a hearing shall also be recorded. C. FINAL ORDER I. Upon hearing, the designated authority shall pass a final order. II. The final order shall contain: a. the contentions of the notice, and if the designated authority disagrees with the same, the reasons thereof; b. as to whether the unauthorized construction is compoundable, if it is not so, the reasons therefor; c. if the designated authority finds that only part of the construction is anauthorized/noncompoundable, then the details thereof. d. as to why the extreme step of demolition is the only option available and other options like compounding and demolishing only part of the property are not available. 10 D. AN OPPORTUNITY OF APPELLATE AND JUDICIAL SCRUTINY OF THE FINAL ORDER. I. We further direct that if the statute provides for an appellate opportunity and time for filing the same, or even if it does not so, the order will not be implemented for a period of 15 days from the date of receipt thereof. The order shall also be displayed on the digital portal as stated above. II. An opportunity should be given to the owner/occupier to remove the unauthorized construction or demolish the same within a period of 15 days. Only after the period of 15 days from the date of receipt of the notice has expired and the owner/occupier has not removed/demolished the unauthorized construction, and if the same is not stayed by any appellate authority or a court, the concerned authority shall take steps to demolish the same. It is only such construction which is found to be unauthorized and not compoundable shall be demolished. iii. Before demolition, a detailed inspection report shall be prepared by the concerned authority signed by two Panchas. E. PROCEEDINGS OF DEMOLITION I. The proceedings of demolition shall be video-graphed, and the concerned authority shall prepare a demolition report giving the list of police officials and civil personnel that 11 participated in the demolition process. Video recording to be duly preserved. ii. The said demolition report should be forwarded to the Municipal Commissioner by email and shall also be displayed on the digital portal.” 9. On an earlier occasion, when a complainant approached this Court, the Court while considering the relevant aspects of the matter has passed the following order in WPC No. 1952/2025 (Brijesh Sharma vs. State of Chhattisgarh & Ors.). “8. From the perusal of the complaint/ representation filed by the petitioner, it appears that the petitioner has lodged a complaint about the illegal encroachment over the Government land by respondent No.6, however respondent authorities have not taken any steps to examine or verify the said fact. The petitioner by raising some malafide impleaded the revenue authorities as parties stating that authorities are hand in gloves with respondent No.6. 9. Considering the same, Collector, Durg is directed to verify and examine the complaint of the petitioner about the illegal encroachment by respondent No.6 over the Government land within a period of 20 days from the date of receipt of a copy of this order and if it is found that respondent No.6 is raising any illegal construction over the Government land bearing Khasra No.541, the Collector, Durg as well as the Municipal Commissioner, Bhilai, Durg shall take 12 necessary steps in accordance with law against respondent No.6. ” 10. In light of the aforesaid pleadings, as well as the dictum laid down by the Hon’ble Supreme Court in Re: Directions in the matter of demolition of structures, reported in 2024 SCC OnLine SC 3291, this Court is of the opinion that although the impugned notice is only a preliminary communication, it does not place the petitioners in a state of uncertainty and apprehension, prompting them to approach this Court. 11. Considering the facts and circumstances of the case, particularly the earlier order passed by this Court, this Court is of the opinion that the respondent authorities are required to duly consider the case of the petitioners based on the documents submitted by them. The respondent authorities must verify the same and provide a reasonable opportunity of hearing to the petitioners before passing any further order. 12. It is expected that the respondent authorities will adhere to the principles of natural justice and will also comply with the guidelines laid down by the Hon’ble Supreme Court in the matter of Re: Directions in the matter of demolition of structures (supra). 13. It is hereby directed that until a final decision is taken by the respondent authorities on the complaint submitted by the 13 complainant, no coercive action shall be taken against the petitioners. 14. It is made clear that this Court has not expressed any opinion on the merits of the case. 15. Accordingly, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha