1 2025:CGHC:9716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3162 of 2024 1 Sushil Samnami S/o Bhagwan Das, Aged About 53 Years R/o Behind Guru Ghasidas School, Kastruba Nagar, Bilaspur, District : Bilaspur, Chhattisgarh 2 Smt. Rani Samnani, W/o Sushil Samnani, Aged About 50 Years R/o Behind Guru Ghasidas School, Kastruba Nagar, Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mantralaya Mahanadi Bhawan, Nawa Raipur Chhattisgarh. 2 The Commissioner, Municipal Corporation, Bilaspur, District Bilaspur Chhattisgarh. 3 The Collector, Bilaspur, District Bilaspur Chhattisgarh. 4 The Estate Officer, Municipal Corporation, Bilaspur,vikas Bhawan, Near Nehru Chowk Bilaspur, District Bilaspur Chhattisgarh. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.02.28 10:22:19 +0530 2 5 The Tahsildar, Bilaspur, District Bilaspur Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Goutam Khetrapal, Advocate. For Respondent/State : Ms. Upasana Mehta, Dy. G.A. For Respondent Corporation : Shri A.S. Kacchhawaha, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 25.02.2025 1. By the present writ petition, the petitioners are seeking a direction towards the respondent corporation to provide alternative space to the petitioners, as the shops No. 9 & 10 situated at Imlipara Road, Old Bus stand, Bilaspur has been demolished without providing any opportunity of hearing and without allotting any alternative space/shop to the petitioner. 2. Learned counsel for the petitioners would submit that the petitioners were granted a temporary lease by the respondent municipal corporation on 2005 for a period of 30 years i.e. till year 2037 by allotting the land in question and after the allotment of the said land on lease, the petitioners were paying property tax. The petitioners were making payment of property tax till date of demolition of the said property. 3. On 15.05.2024, the corporation without providing any opportunity of hearing in violation of principles of natural justice demolished 3 the shops of the petitioners without making any payment of compensation and without providing any alternative shop to the petitioners. Learned counsel for the petitioners would submit that the demolition of the shops without rehabilitating the petitioners is absolutely illegal and arbitrary, hence, the respondent deserves a direction to provide alternative shop in place of the demolished property which was allotted to the petitioner on 2005 for a period of 30 years. 4. Learned counsel for the corporation would submit that the shop in question has been demolished, because the petitioners have encroached upon the shop in question without any valid permission from the Corporation. Learned counsel for the corporation would further submit that this is not a case, where only the petitioners shop have been demolished, there are large number of encroachment which were demolished in the year 2024. 5. I have heard learned counsels for the parties and perused the pleadings and document placed by the petitioner. 6. It appears from the pleadings that the petitioners were operating a shop allotted to him in the year 2005 temporarily by the corporation and they were earning the livelihood from the said shop, however the same has been demolished without rehabilitating the petitioners and without allotting any alternate shop or land to the petitioners to operate said shop which has been demolished by the corporation. It appears from the 4 contention of the respondent counsel that after the demolition of the petitioner’s shops no rehabilitation plan or scheme has been framed by the corporation to rehabilitate the petitioners who were operating there shop in question. Because of the demolition, the petitioners have lost his livelihood. Therefore, looking to the said fact, that the petitioners were having a lease deed on the date of demolition which has been alleged to have been issued by Corporation in the year 2005, it is directed that the corporation shall consider the case of the petitioner and pass necessary order for rehabilitation of the petitioners by allotting the shop in newly constructed market complex after verifying the earlier lease deed which was executed by the corporation with the petitioners. 7. With the aforesaid direction and observation, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Jyoti