1 / 3 2025:CGHC:30872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3499 of 2025 Ambrish Kumar Verma S/o Rameshwar Prasad Verma, Aged About 56 Years R/o Behind Ajit Hotel Near Medical Complex, Bilaspur 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 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 - Zone Commissioner, Zone Number 5, Municipal Corporation, Bilaspur District Bilaspur Chhattisgarh ... Respondents For Petitioner : Mr. Arijit Tiwari, Advocate For State : Ms. Upasana Mehta, Dy GA For Respondents No.4 & 6 : Mr. Shaleen Singh Baghel, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 07/07/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.09 11:39:24 +0530 2 / 3 1. With the consent of the parties, the matter is heard finally. 2. The petitioner has filed this petition under Article 226 of the Constitution of India against the notice dated 20.06.2025 (Annexure P/1) issued by respondent No. 4 against the Petitioner, by which it has been directed to remove the construction on the subject land 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 land bearing Khasra No.369/2 admeasuring area 1350 sq. feet situated at Revenue Circle 22/36, Tehsil and District Bilaspur 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 deed, 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 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 3 / 3 said suit property in presence of the petitioner in accordance with law. 4. 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 petitioners. 5. I have heard learned counsel for the parties and perused the record. 6. 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 their presence and thereafter pay compensation to the petitioner for the said suit property as per provision of law. 7. With the aforesaid observations & directions, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu