1 2025:CGHC:47689 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4817 of 2025 Ramdulari Sahu S/o Badri Prasad Sahu Aged About 40 Years R/o Budhwari Mohalla, Korba Tahsil And District- Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Development Mantralaya, Mahanadi Bhawan, Naya Raipur District - Raipur (C.G.) 2 - Collector Korba District- Korba (C.G.) 3 - Commissioner Municipal Corporation Korba District- Korba (C.G.) 4 - Union Of India Through Ministry Of Housing And Urban Poverty Alleviation Govt. Of India Nirman Bhawan, New Delhi - 110011 ---- Respondents For Petitioner : Mr. Pradeep Kumar Jogi, Advocate For State : Ms. Nupur Trivedi, PL For UoI : Mr. Niraj Baghel, Advocate on behalf of Mr. Ramakant Mishra, DSGI Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/09/2025 2 1. With the consent of counsel for the parties, the matter is heard finally. 2. By way of this petition, petitioner sought following relief(s) : “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to give possession to the petitioner upon allotment of the house avas No.51 and also for making compensation amount of Rs.20,00,000/- on account of deprivation from the possession since last 20 years with interest at the earliest, in the interest of justice. (ii) Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 3. Learned counsel for the petitioner contended that according to scheme of the Government, respondent authorities have constructed 100 houses under Balmiki Ambedkar Avas Yojna. The object of the Balmiki Ambedkar Avas Yojna is to provide housing accommodation to the persons residing below the poverty line and to the landless person in order to provide health and good atmosphere so that they may come out from their poverty and especially this scheme has been made applicable to the persons of the slum areas. The petitioner has applied for allotment of the house avas under Government Scheme as per terms and condition of the said scheme and has allotted house avas No. 51 and he has completed all formalities per terms and conditions of the allotment of the house and allotted the said house avas no. 51 by allotment 3 order dated 17.09.2005 and has paid completed allotment amount to the respondent authorities, but the respondent authorities have not given possession to the petitioner over the subject house avas no. 51 till today without any sufficient reason, whereas, petitioner is fully entitled for possession after completion of terms and condition of the allotment but petitioner has deprived his right to get for possession over the subject house avas since last 20 years, due to this, petitioner is being very difficulties problem for possession and also is being great losses. Thereafter, the petitioner has requested and moved several representations the respondent authorities for seeking granting compensation on account of deprivation from the possession since last 20 years, but the respondent authorities have not taken any action upon representation of the petitioner and paid any compensation to the petitioner till today, the action of the respondent authorities is illegal, arbitrary and against well settled principles of law as the respondent authorities have deprived the petitioner of his lawful right of getting compensation and possession, hence this petition. 4. Learned counsel for respondents contended that this petition may be disposed of with direction to the Municipal Corporation, Korba to decide the representation made by the petitioner in accordance with law. 4 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering the entire facts and circumstances of the case and grievance raised by the counsel for the petitioner, instead of keeping this petition pending, this petition is disposed of directing to the petitioner to submit a fresh representation before respondent No.3 – Commissioner, Municipal Corporation, Korba within ‘15 days’ from the date of receipt of copy of this order and in turn respondent No.3 shall decide the said representation of the petitioner expeditiously preferably within a period of ‘06 months’ from the date of submission of such representation, if there is no legal impediment. 7. Needless to say that before deciding the such representation, sufficient opportunity of hearing shall be given to Rajwanti Kaithwas W/o Bihari Lal Kaithwas. 8. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant