1 2025:CGHC:43183 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4575 of 2025 Smt. Kanti Devi Verma W/o Late Bharat Kumar Verma Aged About 64 Years House - Wife, R/o Vikas Vihar Colony, Behind Om Hospital Raipura, Raipur, District Raipur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Town And Country Planning, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur C.G. 2 - The Director, Directorate Of Town And Country Planning, Indravati Bhawan, Nava Raipur, Atal Nagar, District Raipur C.G. 3 - The Zone Commissioner, Zone No. 08, Municipal Corporation Of Raipur, District Raipur C.G. ---- Respondents For Petitioner : Mr. Tanmay Thomas, Advocate For State : Mr. Anurag Tripathi, PL For Municipal Corporation : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/08/2025 2 1. By way of this petition, petitioner has sought following relief(s) : “10.1 May this Hon'ble Court to call for the entire records of impugned notice dated 25.06.2025 (Annexure P-1) from the office of respondent no. 3. 10.2 May this Hon'ble Court to set-aside the impugned notice dated 25.06.2025 (Annexure P-1) from the office of respondent no. 3. 10.3 May this Hon'ble Court to issue an appropriate writ/order/direction towards the respondent no. 3 to redress the grievance of petitioner. 10.4 To grant any other relief(s)/order(s)/direction(s) in favour of the petitioner, which may deem fit and proper in the facts and circumstances of the case, may also be allowed. An affidavit in support is being filed herewith.” 2. Counsel for the petitioner contended that by way of the present petition, the petitioner is challenging the legality, validity and propriety of the impugned notice dated 25.06.2025 (Annexure P-1), whereby the office of respondent no. 3 has directed to the petitioner to remove her construction over her land on or before 02.07.2025 otherwise the same shall be removed without prior information and the petitioner shall face its consequence. He further contended that the late husband of the petitioner had purchased a piece of land bearing Khasra No. 642/4 having area 1748 sq.ft. Raipura, PaHaNa 104, Ra.Ni.Ma. Raipur at Tahsil and District Raipur from one Shri Amitmall and executed the Sale Deed dated 24.03.2003 and has constructed a single storeyed 3 house upon the purchased land and the same was constructed as per the prior permission and approved layout by the Respondent Department. He fairly contended that the petitioner has not obtained permission from the Municipal Corporation to construct the first floor of the house, but the petitioner is ready to pay all the penalties, dues and compounding fee to the Municipal Corporation/respondent No.3 and given undertaking that the petitioner shall not further construction on the subject land till the decision of the application. 3. Learned Counsel for the Municipal Corporation contended that if the petitioner file application for compounding of the building in proper formate, the same will be considered in accordance with rules, regulations and law. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties at this stage directing the petitioner to a application raising her grievance within 15 days from the date of receipt of copy of this order and in turn respondent No.3/Municipal Corporation shall consider and decide the same as expeditiously as possible, in accordance with rules, regulations and law. 4 6. Till then, no coercive action shall be taken against the petitioner with respect to the subject land. It is made clear that without further permission no construction should be done on the subject land as per aforesaid undertaking. 7. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant