Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19332
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3074 of 2020 1 - Vasundhara Samhit Samooh Gram Karra Janpad Panchyat Kota Tahsil Kota District Bilaspur (Cg) Through Its President Smt. Sunita Kewat Wife Of Tikaram Kewat Aged About 35 Years Gram Karra Post Gadvat Ps Ratanpur Tahsil Kota District Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Panchyat Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District Raipur, Chhattisgarh 2 - Chief Executive Officer Zila Panchayat Bilaspur District Bilaspur, Chhattisgarh 3 - Chief Executive Officer Janpad Panchayat Kota District Bilaspur, Chhattisgarh 4 - Collector Bilaspur District Bilaspur, Chhattisgarh 5 - Sub Divisional Officer Kota District Bilaspur, Chhattisgarh 6 - Tahsildar, Kota District Bilaspur, Chhattisgarh ---- Respondents For Petitioner : Mr. Faiz Kazi, Advocate holding the brief of Mr. Saleem Kazi, Advocate For State : Mr. R.S. Marhas, Additional A.G. For respondent No.3 : Mr. Vikram Sharma, Advocate For Intervenor : Mr. Vijay K. Deshmukh, Advocate with Ms. Manisha Dhruw, Advocate Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 29.04.2025
1. The petitioner has filed this petition seeking the following relief(s):-
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“i. That, the Hon'ble Court may kindly be pleased to direct the Respondent State to re-launch the scheme 'Nava Anjor' as the same was the scheme for the welfare of poor and downtrodden section of the society. ii. That, the Hon'ble Court may kindly be pleased to direct the respondent State to produce the entire record regarding the scheme 'Nava Anjor'. iii. That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to compensate the petitioner group for the losses incurred due to their illegal actions which caused harm to the petitioner group. iv. That, five acres of land out of Khasra No 18/1 of village Karra, tahsil Kota district Bilaspur, which was allotted to the petitioners for cultivation of flowers/vegetables may kindly be returned back to the petitioner self-help group with immediate effect. v. Any other order/direction that this Hon'ble Court may deem fit in the matter.
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Learned counsel appearing for the petitioner would submit that the petitioner is a registered Self-Help Group. A scheme called ‘Nava Anjor’ was launched by the State administration. As per the scheme, Self-Help Groups were to be formed and to be registered by the Chief Executive Officer of the respective Zila Panchayats. He would further submit that the petitioner Self-Help Group was registered with respondent No. 2. He would contend that the petitioner group was allotted 5 acres of land out of Survey No.18/1 at Village-Karra, Tehsil Kota, District Bilaspur. He would further contend that Gram Panchayat had issued a ‘No Objection Certificate’ in favour of the petitioner group. Mr. Kazi would also submit that the petitioner group took a loan of Rs.2,00,000/- and
3 developed a plot for the purpose of cultivation of flowers. A tube- well was also installed. The name of the petitioner group was entered into the revenue documents. He would further argue that a show cause notice was issued to the petitioner by revenue authorities to remove encroachment from Government land. He would also argue that the petitioner group approached the revenue authorities who in turn informed that the ‘Nava Anjor’ scheme had already been withdrawn by the State. Mr. Kazi would state that on 23.08.2019, the revenue authorities demolished the structure as well as the plantation. He would further state that the State authorities have started raising construction of the Paddy Purchase Centre over the land which was allotted to the petitioner group. He would pray for a direction to the respondent authorities to allot the land. 3. On the other hand, learned Advocates appearing for the respective respondents would oppose the submissions made by Mr. Kazi. They would submit that the petitioner had encroached over the Government land. It is contended that a forged resolution dated 01.07.2014 passed by the Gram Panchayat was placed on record whereas no such resolution was passed. It is also contended that the ‘Nava Anjor’ scheme was closed in the year 2010 pursuant to the order dated 31.07.2010 issued by the State Government. It is further contended that the petitioner Self-Help Group is not registered as a Self-Help Group. They would submit that the present petition deserves to be dismissed. 4. I have heard the learned counsel appearing for the parties and
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In the entire petition, the petitioner group has not placed the order of allotment of five acres of land out of Survey No.18/1 situated at Village Karra, Tehsil Kota, District Bilaspur. Perusal of the list of registered self help groups dated 09.02.2021 would show that the name of the petitioner Self-Help Group is not present. 6. It would be worthy to mention here that the ‘Nava Anjor’ scheme was closed in the year 2010 pursuant to the order issued by the State Government dated 31.07.2010, therefore, the petitioner has no right to claim possession over the subject land. It is also stated by the State in its return that the petitioner group produced a forged resolution dated 01.07.2014 and the same has not been rebutted by the petitioner. 7. The petitioner group failed to annex relevant documents to establish its right over five acres of land out of Survey No.18/1. 8. A show cause notice was issued to the petitioner, therefore, it cannot be said that the opportunity of hearing was not afforded. 9. Taking into consideration the above-discussed facts, in the opinion of this Court, no case is made out for interference. Consequently, this petition fails and is hereby dismissed. However, the petitioner would be at liberty to avail the remedy available under the law claiming therein compensation for demolition of the structure and crop. Sd/-
(Rakesh Mohan Pandey)
Judge Rekha