1 2025:CGHC:50816 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5344 of 2025 Ritu Sahu W/o Chandra Kumar Sahu Aged About 38 Years R/o Park City, Kabeer Chowk, Raigarh, District Raigarh, C.G. Through Its Power Of Attorney Holder Namely Bedram Sahu, S/o Late Shri Kedarnath Sahu, Aged About 67 Years (Father In Law Of The Petitioner), R/o Park City, Kabeer Chowk, Raigarh, District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Collector Raipur, District : Raipur, Chhattisgarh 3 - Municipal Corporation Raipur Through Commissioner, Municipal Corporation Raipur, District : Raipur, Chhattisgarh 4 - The Zone Commissioner Zone No. 5, Municipal Corporation Raipur, District : Raipur, Chhattisgarh 5 - The Joint Director Of Town And Country Planning Regional Office Raipur, R. D. A. Building, Shastri Chowk, Raipur, Chhattisgarh 492001 ---- Respondents For Petitioner : Mr. Manoj Paranjpe, Sr. Advocate along with Mr. Rishabh Gupta, Advocate For State : Mr. Praveen Das, Dy. AG VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.15 10:45:09 +0530 2 For Municipal Corporation : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 13/10/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The present writ petition has been filed by the petitioner seeking following relief:- 1] That, this Hon'ble Court may kindly be pleased to set aside direction/directions the writ/writs, order/orders, quashing the impugned notices dated 17.04.2025, 28.03.2025 & 26.09.2025 and the authorities specially Municipal Corporation Raipur may kindly be directed not to demolished the superstructure raised by the petitioner and they may further be directed to consider the case of the petitioner for regularization/compounding as per the provisions of the Municipal Corporation Act and afford an opportunity to the petitioner also before taking any final decision. 2] That, this Hon'ble Court may kindly be pleased to set aside the writ/writs, order/orders, direction/directions and the Zone Commissioner Municipal Corporation Raipur and the Municipal Corporation Raipur may kindly be directed to pay compensation of Rs. 5 lakhs to the petitioner for illegal demolition of some of the portion of ground floor and first floor and for causing damaged to the plinth level of the building. 3] Any other relief (s) that this Hon'ble Court may deem fit to grant in the facts and circumstances of this case." 3 3. Learned counsel for the petitioner submits that the petitioner is challenging the notice dated 17.04.2025 and 28.03.2025 and the notice dated 26.09.2025 issued by Zone Commissioner, Zone No. 5, Municipal Corporation Raipur, whereby the final order under Section 307(3) of the Municipal Corporation Act, 1956 has been passed and the order of demolition has been passed, without considering the official records. Learned counsel fairly admitted the without permission and approval of the map, third floor of the superstructure constructed by the petitioner. He further contended that the petitioner has filed application for compounding of legal construction on 25.09.2025 which is pending before the Zone Commissioner, Municipal Corporation, Raipur, Zone No.5, District Raipur (C.G.). 4. Learned counsel for the Municipal Corporation submits that some illegal part of the construction has been demolished by the respondents no.3 & 4 on 23.09.2025 in accordance with rules/law of the Municipal Corporation Act, 1956. He further contended that after demolition of some part of the illegal construction, petitioner moved an application on 25.09.2025. He also submits that the petitioner has alternative remedy to raise her grievance. 5. I have heard learned counsel for the parties and perused the material available on record. 4 6. Considering the facts of the case and submission made by learned counsel for the parties. On perusal of the record, it is crystal clear that the petitioner has constructed superstructure against the approved map in her own land. Further considering the fact that the petitioner has moved an application vide Annexure P-6 before respondent No.4 - Zone Commissioner, Municipal Corporation, Raipur, Zone No.5, Raipur, District Raipur (C.G.) which is still pending. Therefore, respondent No.4 is directed to consider and decide Annexure P-6 within an outer limit of ‘60 days’ from the date of receipt of copy of this order, in accordance with rules, regulations and law. 7. Till then, no coercive action shall be taken against the petitioner. 8. With the aforesaid direction, the instant petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant