1 2025:CGHC:22730 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2799 of 2025 Nikhil Nayan Baranwal S/o Late Shri Sanjay Kumar Barnwal Aged About 37 Years R/o Soni Gali, Telipara, Tahsil - Bilaspur, District - Bilaspur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Urban Development Department, Mantralaya Nava Raipur, District - Raipur Chhattisgarh 2 - Municipal Corporation Bilaspur Through Commissioner, Vikash Bhawan Nehru Chouk, Bilaspur Chhattisgarh 3 - Building Officer Municipal Corporation Bilaspur, District - Bilaspur Chhattisgarh ... Respondents ---------------------------------------------------------------------------------------------- For Petitioner : Mr. Aman Kesharwani, Advocate For Respondent no. 1 : Mr. Rishabh Bisen, Panel Lawyer For Respondent no. 2&3 : Mr. Ashutosh Singh Kachhawaha, Advocate ---------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 09.06.2025 1. The present writ petition has been filed under Article 226 of the Constitution of India by which the petitioner is seeking following reliefs:- (a)that, this Hon’ble Court may kindly be pleased to quash and set a side notice dated 04.06.2025(Annexure P/1). (b) That, this Hon’ble Court may kindly be pleased to issue appropriate writ/order/ direction, restraining the respondent authorities from demolishing the shop of the petitioner 2 situated over the land bearing khasra no. 434/1 admeasuring 450 sqf situated at Chatidih PHN 20/24/33 Municipal corporation Bilaspur, Tahsil & District- Bilaspur, direct the respondent authority. (c) that, this Hon’ble Court may kindly be pleased to direct the respondent authorities to conduct demarcation of the land belonging to the petitioner and if any land is being acquired for the purpose of road widening then appropriate compensation be paid to the petitioner. (d) any other relief, deemed fit in the present facts and circumstances of this case may also be awarded to the petitioner. 2. Learned counsel for the petitioner submits that the petitioner has duly purchased the said land and is occupying the said land since past several years. He is also running a business and paying property tax every year but till today Municipal Corporation Bilaspur have not made any objection or issue by any latter saying that the land in question is a government land and suddenly out of nowhere the respondent no. 3 has stated the petitioner has encroached over the government land without any basis and is trying to remove him from that place. 3. Learned counsel for the respondent no. 2 and 3 opposes the submission and submits that removal of any illegal encroachment would be only after proper ascertainment of the facts 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 Floor Area Ratio ( FAR) to the petitioner. 4. I have heard learned counsel for the respective parties and 3 perused the record with utmost circumspection. 5. In view of the above, the writ petition is disposed of with the direction to the respondent authorities that if any construction is made on the petitioner’s suit property, the respondents shall demarcate the land of the petitioner in his presence and thereafter pay compensation to the petitioner for the said suit property as per provision of law. 6. With the aforesaid observation and directions, the writ petition stands disposed of. sd/- (Arvind Kumar Verma) Judge alfiza