1 2026:CGHC:20874 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2270 of 2026 1 - Anil Kumar Choubey S/o Umashankar Choubey Aged About 52 Years R/o Permanent Address- Anladuba Ward No. -09, Rairangpur Mayurbhanj, Odisha 757043, Currently Residing At House No.-26, Maruti Sokitaire Kachana Road Khamhardih, Raipur C.G. ... Petitioner(s) versus 1 - Municipal Corporation Raipur Through- Comissioner Raipur Distirict Raipur C.G. 2 - Municipal Corporation Raipur Through -Zone Commissioner Zone No.-10, Amlidih Raipur District Raipur C.G. ... Respondent(s) For Petitioner(s) : Shri Priyanshu Gupta, Advocate. For Respondent(s) : Shri Pankaj Agrawal, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 05/05/2026 1. This Writ Petition has been filed against the last notice dated 30.04.2026 (Annexure P/9) issued by the Municipal Corporation Raipur C.G. whereby the petitioner has been directed to remove the illegal construction that has been raised by him without obtaining requisite permission, otherwise, the same will be demolished by the Municipal Corporation Raipur C.G. 2. Learned counsel for the petitioner submits that petitioner has already filed an application for regularisation of the construction done by him on the top floor of Progressive Point, situated at Lalpur, Dr Rajendra Prasad Ward No. 52, Raipur AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.06 10:40:56 +0530 2 (CG). He submits that the petitioner is a businessman and is the owner of the restaurant with the name and style of TDH being operated at the roof top of Progressive Point which is a commercial complex situated at Lalpur, Raipur (C.G) which has been leased to him. In the year 2025, Respondent no.1 had sealed the restaurant of the petitioner for non payment of Property Tax after which Rs 4,50,000/- was duly paid by the petitioner and the restaurant was reopened. By way of letter dated 16.3.2026, a letter was addressed to the manager of Progressive Point whereby it was mentioned by the Respondent No.2 that the construction done by the petitioner at the roof top has been without permission and it was directed to remove the construction and a similar letter dated 25.3.2026 also addressed to the manager of Progressive Point was issued by the Respondent No.2. On recieving the information from the Manager of Progressive Point, the petitioner had visited the office of Respondent No.2 whereby he was informed that they have been receiving complaints about the construction. Thereafter vide letter dated 26.3.2026 (Annexure P/5) itself which was received by the respondent Corporation on 27.03.2026, the petitioner requested the Respondent No.2 to consider the construction made by him and regularise it. Thereafter, again on 13.04.2026 (Annexure P/6) also, the petitioner made a request before the Respondent No.2 for regularization of the irregular construction. It is submitted that along with the letter for request of regularization, the petitioner herein had annexed a copy of the building plan and lease deed as well. 3. Learned counsel for the petitioner submits that despite making so much efforts for regularization of the irregular constuction, the respondent Corporation vide last notice dated 30.04.2026 has given a final warning for removing the illegal 3 construction raised by the petitioner. He prays that this Writ Petition may be disposed of with a direction to the respondents to consider the application of regularlization of irregular construction as the same is pending consideration. 4. Learned counsel for respondents submits that the application for regularization of irregular construction will be considered by the respondents and they will pass appropriate orders. 5. Considering the submission made by the parties, particularly considering the fact that application for regularization of irregular construction is pending for consideration before the respondent authorities and order for removal of irregular construction has been passed on 30.04.2026, this Court deems it approriate to direct the respondent authorities to consider and decide the application of the petitioner for regularization of irregular construction in accordance with law bearing in mind the fact that petitioner has regularly appraoched them for regularization of irregular construction and for which the petitioner is ready to pay suitable charges. Ordered accordingly. 6. Further, the petitioner is directed to file reply to notice of removal of illegal construction dated 30.04.2026 within 10 days from today. 7. Till the application of regularization of irregular construction is decided, it is directed that no coercive steps shall be taken in respect of removal of alleged irregular/illegal construction made by the petitioner in pursuance of the notice dated 30.04.2026. 8. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash