1 2025:CGHC:31511 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3495 of 2025 Shri Parmeshwar Sharma S/o Late Shri Tileshwar Sharma Aged About 80 Years R/o Rapta Chowk, Chantidih, Bilaspur, District Bilaspur Chhattisgarh. ... Petitioner(s) 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 Chhattisgarh 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 - Bhawan Adhikari Municipal Corporation, Bilaspur District Bilaspur Chhattisgarh ---- Respondents -------------------------------------------------------------------------------------------------------- For Petitioner : Ms. Pratibha Sahu, Advocate. For Respondent-State : Ms. Nupur Trivedi, PL For Respondent-Corporation : Mr. Pankaj Agrawal, Advocate. -------------------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 09.07.2025 1. With the consent of the parties, the matter is heard finally. 2 2. The petitioner has filed this petition under Article 226 of the Constitution of India against the notice/order dated 27.06.2025 & 17.04.2025 passed by respondent No.6 by which the petitioner has been directed to remove his double-story building and shop for which he has been paying property tax and commercial tax to the Municipal Corporation, Bilaspur. 3. Learned counsel for the petitioner submits that the petitioner is rightful owner and possession holder of the double-story building and shop 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 widening the road after demolishing the aforesaid property of the petitioner. The petitioner has filed copy of relevant documents relating to the suit property alongwith the instant petition. She further submits 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 she has no objection about the progress of work for construction of road. She would further submit that her 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. 4. Learned counsel for the respondents opposes the above submission and submit that removal of any illegal encroachment would be only after proper ascertainment of the fact whether there is any illegal 3 encroachment or not. They further submit 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. 5. I have heard learned counsel for the parties and perused the documents annexed with writ petition. 6. Considering above facts of the case, nature of dispute, submissions of counsel for the parties, writ petition is disposed of at this stage directing the concerned respondents-authorities to demarcate the property/land of the petitioner in his presence and if it is found that any construction is made on the petitioner’s suit property, concerned respondent-authority shall pay the compensation to the petitioner for said suit property as per relevant provision of law/rules/regulations. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-