1 2025:CGHC:20954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2352 of 2025 1 - Vishal Khandelwal S/o Late Om Prakash Khandelwal Aged About 34 Years R/o Flat No. 704, Block - K, Raheja Residency, Avanti Vihar, Raipur Chhattisgarh 2 - Juhi Khandelwal W/o Vishal Khandelwal Aged About 36 Years R/o Flat No. 704, Block - K, Raheja Residency, Avanti Vihar, Raipur Chhattisgarh .. Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Urban Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist. - Raipur Chhattisgarh 2 - Collector Raipur Dist. Raipur Chhattisgarh 3 - Municipal Corporation Raipur, Through Its Commissioner, Raipur, Dist. Raipur Chhattisgarh 4 - Zone Commissioner Zone No. 2, Municipal Corporation Raipur, Shadid Smarak School Parisar, K K Road, Raipur Chhattisgarh 5 - Joint Director Town And Country Planning, Rda Building, Shastri Chowk, Raipur, Dist. Raipur Chhattisgarh ... Respondent(s) For Petitioner : Mr. Gary Mukhopadhayay, Advocate For State : Ms. Upasana Mehta, Dy. Govt. Advocate For Municipal Corporation : Mr. Pankaj Agrawal, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 07/05/2025 1. The petitioner has filed this writ petition seeking following reliefs :- “10.1 This Hon'ble Court be kindly pleased to Call for entire records pertaining to the subject matter. Digitally signed by SHAYNA KADRI 2 10.2 This Hon'ble Court be pleased to quash the impugned order dated 02.04.2025 (Annexure P-1) passed by the Respondent No.4. 10.3 This Hon'ble Court be pleased to direct the Respondents to decide the Appeal (Annexure P-8) preferred by the petitioner against the order dated 25.07.2024. 10.4 This Hon'ble Court be kindly pleased to direct the Respondents to take a decision on the application dated 28.03.2025 (Annexure P-10). 10.5 This Hon'ble Court be kindly pleased to direct the Respondents to take a decision on the application of the petitioner Annexure P-10 and Appeal Annexure P-8 keeping in mind that as per the Raipur Development Scheme (Review) 2031, the land use of the Khasra No.497 is commercial. 10.6 Cost of this petition be awarded to the petitioners. 10.7 Any other relief/reliefs, order/orders, direction/directions and writ/writs as may be deemed fit by the Hon'ble Court in the facts and circumstances of the case.” 2. Facts of the case, in a nutshell, are that on 11.09.2019 the petitioners purchased a piece of land measuring 4325 sq. ft., located at Khasra No. 497/2 in Narmadapara. The land was duly recorded in their name in the revenue records, and taxes were regularly paid by them. They also obtained construction permission from the Municipal Corporation, Raipur. As per the Raipur Development Scheme (Review) 2031, the land use of Khasra No. 497 is designated as commercial, which is further confirmed by the Assistant Director, Nagar Tatha Gram Nivesh, Raipur. Accordingly, the Petitioners commenced construction on the land. However, some local residents, alleging illegal construction, lodged complaints leading to the issuance of notices by the 3 respondents. Although the land use was commercial, the petitioners submitted an application under the Chhattisgarh Vikas ke Niyamitikaran Adhiniyam, 2002 for regularization of their construction, which was rejected without affording them a hearing—primarily on the ground of objections raised by neighbors. The petitioners filed an appeal against the rejection order dated 25.07.2024, which remains undecided. In parallel, Writ Petition (C) No. 3969/2024 was filed before the Hon’ble Court seeking demolition of the building of the petitioners. The Court directed the Commissioner (respondent No. 3) to act on the allegations after giving the petitioners (respondents No. 6 and 7 in that case) an opportunity to be heard. In response, the petitioners submitted a representation expressing willingness to pay any compounding fees as determined under Section 308 of the Municipal Corporation Act. However, without resolving the pending statutory appeal or considering their representation dated 28.03.2025, the respondents passed the impugned order dated 02.04.2025 (Annexure P-1), allegedly in violation of the Court’s earlier directions. 3. Learned counsel for the respondent – Municipal Corporation submits that the appeal has been filed before the Commissioner, whereas, in terms of Section 403 of the Chhattisgarh Municipal Corporation Act, 1956, the competent appellate authority is the Appeal Committee. 4. Considering the above submissions and facts on record, it is evident that the petitioners have attempted to avail the appellate remedy, although under an incorrect forum. However, in the interest of justice and considering that the petitioners have shown bona fide intent, this Court directs that if the appeal filed by the petitioners is not before the competent authority as prescribed under Section 403 of the 4 Chhattisgarh Municipal Corporation Act, 1956, the concerned authorities are directed to treat the said appeal as properly instituted before the Appeal Committee under Section 403. 5. The Appeal Committee shall consider and decide the same on merits within 30 days from the date of this order, after affording a proper and adequate opportunity of hearing to the petitioners, in accordance with law. Until the decision on the said appeal is rendered, no coercive steps shall be taken against the petitioners in relation to the subject property. 6. It is made explicitly clear that, as admitted by the petitioners in their earlier petition, no commercial activity shall be undertaken or continued at the said premises until further orders or until the dispute is finally resolved. 7. With the above observations and directions, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE