1 2025:CGHC:28392 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3289 of 2025 Laxmi Soni W/o Vijay Soni Aged About 48 Years R/o Medical Complex, Telipara, District - Bilaspur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur, Chhattisgarh 2 - Director Town And Country Planning, Atal Nagar, Nava Raipur (C.G.) 3 - Collector Bilaspur, District - Bilaspur, Chhattisgarh 4 - Municipal Corporation Bilaspur, Through Its Commissioner, District - Bilaspur, Chhattisgarh 5 - Joint Director Town And Country Planning, Bilaspur, Chhattisgarh. 6 - Zone Commissioner Zone Number - 5 , Municipal Corporation, Bilaspur, District - Bilaspur, Chhattisgarh ---- Respondents VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.06.28 11:43:36 +0530 2 For Petitioner : Mr. Arjit Tiwari, Advocate For State : Mr. Satish Gupta, GA For Municipal Corporation : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27/06/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. This petition has been filed by the petitioner on the following relief(s) : “i. hat, this Hon'ble Court may kindly be pleased to allow the present writ petition and kindly set-aside the impugned notice dated 20.06.2025 in respect of the Petitioners. ii. That, this Hon'ble Court may kindly direct to the Respondent authorities to carry out a lawful process of demarcation and necessary steps may be taken in accordance to law thereafter; 3 iii. Any other relief(s) in favor of Petitioners as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case with cost.” 3. The petitioner has filed this petition under Article 226 of the Constitution of India against the notice/order dated 20.06.2025 passed by respondent No. 4 by which the petitioner has been directed to remove his house bearing khasra No.369/58 admeasuring area 0.006 hectares/648 sq.ft. Situated at Revenue Circle 22/36, Tahsil & District Bilaspur for which he has been paying property tax and commercial tax to the Municipal Corporation, Bilaspur. 4. Learned counsel for the petitioner submits that the petitioner is rightful owner and possession holder of the house for which he has been paying property tax and commercial tax to the Municipal Corporation, Bilaspur (henceforth, "suit property") but the respondent authority wants to widen the road after demolishing the aforesaid property of the petitioner. The petitioner has filed copy of sale deeds vide Annexure P-1 relating to the suit property alongwith the instant petition. 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 of law and he has no objection about the 4 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 suit property of the petitioner is made by the Municipal Corporation, Bilaspur, then compensation ought to have been given to the petitioner for the same after demarcating the said suit property in presence of the petitioner in accordance with law. 5. 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 Floor Area Ratio (FAR) to the petitioner. 6. I have heard learned counsel for the parties and perused the record. 7. In view of the foregoing discussion, the writ petition is disposed of with a 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. It is directed to the respondent authorities that the subject land shall not be demolished prior to the demarcation of the said land. 5 8. With the aforesaid observations & directions, the writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant