1 / 3 2025:CGHC:27182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3147 of 2025 Roshan Kahar S/o Late Shri Laxminarayan Bhoi Aged About 42 Years R/o Somwari Bazar Maveshi Bazar Ward No. 16 Gobra Nawapara, District : Raipur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through its Secretary Department of Urban Administration Mantralaya, Naya Raipur, Raipur Chhattisgarh 2 - Collector Raipur, District : Raipur, Chhattisgarh 3 - Chief Municipal Officer Municipal Corporation Gobra Nawapara Gobra Navapara, District : Raipur, Chhattisgarh 4 - Tehsildar Gobra Nawapara, Raipur, Chhattisgarh ... Respondents For Petitioner : Ms. Diksha Gouraha, Advocate For State /Respondents No.1, 2 & 4 : Ms. Poorva Tiwari, Panel Lawyer For Respondent No.3 : Mr. Shikhar Shukla, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/06/2025 1. The instant writ petition has been filed against the notice issued by the Municipal Corporation Gobra Nawapara, Raipur against the petitioner dated 07/05/2025 whereby the petitioner has been directed to remove the construction from the land in question bearing Khasra No.803 (part of main Khasra No.830), situated in Ward No.16, Gobra Nawapara, District Raipur, C.G. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.25 10:51:14 +0530 2 / 3 2. The grievance of the petitioner is that the land in question was leased to the father of the petitioner by way of a Patta issued on 16/07/1984. After the demise of the father of the petitioner an application for transfer of lease rights was filed by the mother of the petitioner and thereafter, the Nazul Officer, Raipur passed an order dated 24/03/2021 and transferred the lease in name of the petitioner and thereafter the lease was further renewed and extended by the State Government till 31/03/2044. Despite that the Municipal Corporation has issued a notice dated 07/05/2025 and directed the petitioner to remove the alleged illegal construction on the land in question. 3. Learned counsel for the petitioner would submit that on the earlier occasion the mother of the petitioner filed a writ petition bearing WPC No.796/2021, wherein this Court has granted interim protection to the petitioner vide order dated 09/03/2021 and restrained the respondents from demolishing any superstructure or dispossessing the petitioner’s family, however, the impugned notice dated 07/05/2025 has been issued, therefore, it is prayed that the same may be quashed. 4. Per contra, learned counsel for the respondents would submit that the respondents are not trying to demolish the superstructure and not trying to dispossess the petitioner and the petitioner without approval or permission of the Municipal Council, Gobra Nawapara, District Raipur is trying to construct the building which is against 3 / 3 the law. 5. In this regard learned counsel for the petitioner contended that the petitioner is only constructing the boundary wall over the land in question. 6. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 7. Be that as it may, without the permission of the Municipal Council, Gobra Nawapara, the petitioner has no right to construct the boundary wall which is in violation of Section 187 of the C.G. Municipalities Act, 1961. Therefore, it is directed that the petitioner shall obtain the necessary permission from the concerned authority/Municipal Council, Gobra Nawapara and move the necessary application for seeking permission and the said authority shall decide the application of the petitioner in accordance with law within a period of 30 days from the date of receipt of the application. 8. Till the application is filed by the petitioner before the Municipal Council, status-quo, which exists today shall be maintained by the parties. 9. With the aforesaid observation, the writ petition stands disposed of. Sd/- SD/- (Arvind Kumar Verma) JUDGE ashu