1 2025:CGHC:27583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3111 of 2025 1 - Smt. Yogeshwari Miri W/o Shri Sanat Kumar Miri Aged About 32 Years R/o Village- Maharpur, Post - Sardha, Tahsil - Lormi, District - Mungeli (C.G.), Present Address - Jail Constable, Central Jail, Jail Line, Bilaspur, District - Bilaspur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Ministry Of Urban Administration And Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Collector Bilaspur, District - Bilaspur (C.G.) 3 - Sub Divisional Officer Takhatpur, District - Bilaspur (C.G.) 4 - Tahsildar Tahsil - Takhatpur, District - Bilaspur (C.G.) 5 - Joint Director Town And Country Planning, Bilaspur, District - Bilaspur (C.G.) 6 - Commissioner Nagar Palik Nigam, Bilaspur, District -Bilaspur (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rajeev Kumar Dubey, Adv. For State : Ms. Upasana Mehta, Dy. G.A. For Respondent No. 6 : Mr. Pankaj Agrawal Advocate Hon’ble Shri Arvind Kumar Verma Order on Board 25/06/2025 1. Counsel for the Petitioner prays for the following relief(s):- (i). It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the application and further 2 may kindly be pleased to issue an interim order restraining the respondent authorities from taking any further coercive action against the petitioner’s property, till the final disposal of the case, in the interest of justice. 2. Learned counsel for the petitioner submits that the petitioner purchased a plot of land bearing Khasra No. 430/4, 1250 sq.ft. in Village Uslapur, Tahsil Takhatpur, District Bilaspur, (C.G.), through a registered sale deed on 14.05.2020 for residential purposes. The petitioner commenced construction on the land, unaware that the area had been reclassified as a "green land zone" by the Town & Country Planning Department without public notice. On 07.06.2025, officials from Nagar Palik Nigam, Bilaspur, demolished the petitioner's newly constructed building without prior notice or an opportunity for a hearing, violating principles of natural justice. The demolition caused significant financial loss and mental harassment to the petitioner. This writ petition challenges the arbitrary and illegal actions of the respondent authorities and seeks compensation of Rs. 5,00,000/- for the loss incurred. 3. Learned counsel for the petitioner submits that the respondent authorities demolished the petitioner's building without issuing any prior notice or providing an opportunity for a hearing, which is a gross violation of the principles of natural justice. The petitioner was not informed about the alleged illegality of the construction or the reclassification of the area as a "green land zone." The demolition was carried out in an arbitrary manner without following due process of law, rendering the action illegal and unconstitutional. The authorities failed to provide any legal basis or order justifying the demolition. The demolition infringes upon the petitioner's fundamental right to property under Article 300A of the Constitution of India, as the petitioner was deprived of her lawfully acquired property without due process. The arbitrary action also violates the petitioner's right to equality under Article 14, as the demolition was conducted without transparent or uniform application of law. 3 4. Learned State Counsel submits that there is an alternative remedy available to the petitioner for filing a civil suit for damages/compensation. 5. I have heard learned counsel for the parties and perused the material available on record. 6. The first relief sought for by the petitioner that the demolition of building of the petitioner on 07.06.2025 by the Municipal Corporation Bilaspur is illegal. Secondly, the petitioner seeks compensation of Rs. 5,00,000/- for the loss incurred due to demolition of his building. Looking to the relief sought for by the petitioner, this Court is of the opinion that it is a case where the petitioner has remedy to file appropriate civil suit for damages/compensation before an appropriate forum. 7. Accordingly, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti