1 2025:CGHC:22497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2752 of 2025 Jitendra Kashyap S/o Late Rampal Kashyap Aged About 38 Years R/o Devan Chal, Chingrajpara, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1. The State Of Chhattisgarh Through The Principal Secretary, Urban And Administration Of Local Bodies Department, Mahanadi Bhawan, New Raipur, Chhattisgarh. 2. The Municipal Corporation Through The Commissioner Bilaspur, District Bilaspur, Chhattisgarh. 3. The Commissioner Municipal Corporation, Bilaspur, District Bilaspur, Chhattisgarh. 4. Bhawan Adhikari, Municipal Corporation, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Dr. Rajesh Pandey, Sr. Advocate along with Mr. Siddharth Pandey, Advocate For Respondent(s) : Mr. Ashutosh Singh Kachhawaha, Advocate Hon'ble Mr. Justice Arvind Kumar Verma, Order on Board 03/06/2025 With the consent of the parties heard finally. 1. The petitioner has filed this petition under Article 226 of the Constitution of India against the order dated 29/30-05.2025 (Annexure P/1) passed by respondent No. 4 by which the respondent No. 4 directed the petitioner to remove illegal encroachment situated at survey No. 429 area 0.07 acres SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.06.05 12:09:22 +0530 2 located at village Chantidih, Patwari halka No. 20, revenue circle and Tahsil Bilaspur District Bilaspur. 2. Learned counsel for the petitioner submits that the petitioner is rightful owner and possession to the land khasra No. 429 area 0.34 acres situated at Chantidih, Bilaspur but the respondent authority constructed road in the above property of the petitioner. The petitioners has annexed document of sale deed, Rin Pustika and demarcation report. He would further submit that the petitioner made a representation before respondent No.2 on 21.04.2025 regarding grant of compensation for the acquisition of land bearing khasra No.429 admeasuring 0.07 acres upon which the petitioner had constructed a house and after acquisition of the said land, Municipal Corporation Bilaspur constructed 80 feet wide road. He would further submit that the Municipal Corporation can acquire the land of any person under the doctrine of eminent domain but by compensating the owner of the land by following due procedure and he has no objection about the progress of work for construction of road. He would further submit that his only grievances is that if there is construction on any part of the land of the petitioner, Municipal corporation to compensate the petitioner as per the provisions of law. 3. Learned counsel for the respondent opposes the submission and submits that removal of any illegal encroachment would be only after proper ascertainment of the fact whether there is in fact any illegal encroachment or not. He further submits that if any part of the land of the petitioner is acquired by the Municipal Corporation then they will pay extra fair to the petitioner and would pray for dismissal of the petition. 4. I have heard learned counsel for the parties and perused the record. 5. Considering the aforesaid submission, the writ petition is disposed of with a direction to the respondents that if any construction is made on the 3 petitioner’s land, the respondents shall demarcate the land of the petitioner and thereafter pay compensation to the petitioner as per provision of law. Consequently, the writ petition is disposed off and applications. Sd/- (Arvind Kumar Verma) Judge Santosh