1 2026:CGHC:5126-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 356 of 2026 Arun Kumar Tulsyan S/o Shyamlal Tulsyan Aged About 49 Years R/o Motor Stand, Main Road, Bilaspur, Tahsil And District Bilaspur Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh 2 - Municipal Corporation Bilaspur, Through Commissioner, Municipal Corporation, Bilaspur, District Bilaspur Chhattisgarh 3 - The Collector Bilaspur, District - Bilaspur Chhattisgarh 4 - The Estate Officer Municipal Corporation, Bilaspur, Vikas Bhawan, Near Nehru Chowk, Bilaspur, District - Bilaspur Chhattisgarh 5 - Mayor-In-Council Through Its Chairperson, Municipal Corporation, Bilaspur, District - Bilaspur Chhattisgarh 6 - Bilaspur Smart City Limited Registered Office 3rd Floor, Integrated Command And Control Center, Tarbahar Chowk, Bilaspur Chhattisgarh Through Its Chairman --- Respondent(s) WPC No. 389 of 2026 Satish Agrawal S/o Dr. Narendra Agrawal Aged About 45 Years Resident Of Juna Bilaspur Tahsil And District- Bilaspur (C.G.) ---Petitioner(s) BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2026.01.30 18:04:14 +0530 2 Versus 1 - State Of Chhattisgarh Through The Secretary Urban Administration And Development Department Mahanadi Bhawan Mantralaya Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2 - Municipal Corporation Bilaspur Through Commissioner Municipal Corporation- Bilaspur District- Bilaspur (C.G.) 3 - The Collector Bilaspur District- Bilaspur (C.G.) 4 - The Estate Officer Municipal Corporation Bilaspur Vikas Bhawan, Near Nehru Chowk Bilaspur, District- Bilaspur (C.G.) 5 - Mayor In Council Through Its Chairperson Municipal Corporation Bilaspur District- Bilaspur (C.G.) 6 - Bilaspur Smart City Limited Registered Office 3rd Floor Integrated Command And Control Center Tarbahar Chowk, Bilaspur (C.G.) Through Its Chairman --- Respondent(s) WPC No. 373 of 2026 Smt. Rashmi Agrawal W/o Girish Agrawal Aged About 47 Years Resident Of Motor Stand, Main Road, Bilaspur, Tahsil And District- Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2 - Municipal Corporation Bilaspur Through Commissioner, Municipal Corporation, Bilaspur, District- Bilaspur (C.G.) 3 - The Collector Bilaspur, District- Bilaspur (C.G.) 4 - The Estate Officer Municipal Corporation, Bilaspur, Vikas Bhawan, Near Nehru Chowk, Bilaspur, District- Bilaspur (C.G.) 5 - Mayor-In-Council Through Its Chairperson, Municipal Corporation, Bilaspur, District- Bilaspur (C.G.) 3 6 - Bilaspur Smart City Limited Registered Office- 3rd Floor, Integraed Command And Control Center, Tarbahar Chowk, Bilaspur (C.G.), Through Its Chairman --- Respondent(s) For Petitioner(s) : Mr.Gautam Khetrapal, Advocate For Respondents No.1 and 3 For Respondents No.2, 4 to 6 : : Mr.Shashank Thakur, Additional Advocate General Mr.A.S. Kachhawaha and Mr.S.S.Baghel, Advocates Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 30.01.2026 1. Heard Mr.Gautam Khetrapal, learned counsel for the petitioners as well as Mr.Shashank Thakur, learned Additional Advocate General appearing for respondents No.1 & 3/State and Mr.A.S.Kachhawaha and Mr.S.S.Baghel, learned counsel appearing for respondents No.2, 4, 5 and 6. 2. Since the issue involved in these three writ petitions is similar, they were clubbed and heard together and being disposed of by this common order. Leading case is WPC No.356/2026. 3. By way of this writ petition i.e. WPC No.356/2026, the petitioner has prayed for following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to call the records of the case from the respondents for 4 its kind consideration of the Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside/quashing the impugned decision/letter dated 24.11.2025 (Annexure P/1) and auction dated 25.11.2025 (Annexure P/2) so far it relates to deprivation of petitioner from rehabilitation in Bilaspur Smart City Project. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to rehabilitate the petitioner in Bilaspur Smart City Project by extending the lease period of petitioner's shop, in accordance with applicable law, within stipulated period. 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 4. Learned counsel for the petitioner submits that the present writ petition has been filed by the petitioner, who had approached this Court from time to time. Lastly, the petitioner, along with other similarly situated aggrieved persons, filed Writ Petition (Civil) No. 3918/2025 (Annexure P-12), which was disposed of by the learned Single Judge of this Court vide order dated 28.10.2025, whereby learned Single Judge has observed as under:- “22. Accordingly, in WPC Nos. 3476/2025, 3505/2025 & 3918/2025, the respondent -Municipal Corporation, Bilaspur shall in compliance with paragraph 9 of the order dated 10.05.2024 passed in WPC No.1859/2015 consider and take a reasoned decision on the 5 petitioners’ claim for preferential allotment of shops in the newly constructed Imlipara Commercial Complex. 23. In view of the foregoing discussion and having regard to the material placed on record, this Court finds that the impugned decision Annexure P/1 in so far as it deprives the petitioners of rehabilitation under the Bilaspur Smart City Project is set aside. The respondent-Municipal Corporation is directed to rehabilitate the petitioners in Bilaspur Smart City Project by extending the lease period of the shops of the petitioners strictly in accordance with law. 24. Such consideration shall be sympathetic and in accordance with the earlier assurance given by the Corporation to this Court. The decision shall be taken and communicated to the petitioners positively before the scheduled auction of 17.11.2025. 25. In WPC No. 4503/2025, the petitioners therein already figures in Schedule “A” having a valid lease up to the year 2037-2038. The Corporation has rightly invited him to participate in the allotment through lottery. However, as the land is of Nazul property, the Corporation cannot execute leases beyond the permissible period of three years and the petitioner shall be allotted a shop as per his entitled under the said schedule. 26. The respondent Municipal Corporation shall allot the developed shop to the petitioners (in WPC No. 4503/2025) on a preferential basis, consistent with the terms, duration and other conditions analogous to those prevailing under the original lease and in accordance with the observations and undertakings placed before this Court in earlier proceedings. In 6 other words, the allotment shall not be restricted to three years solely on account of administrative convenience but the period shall be fixed keeping in mind the original lease tenure, the interim arrangements and any approval/clarification sought and received from the State Government. The entire process of shop allotment to the eligible petitioners shall be concluded and possession handedover on or before 17.11.2025 ensuring that the impending auction does not prejudice petitioners’ rights. The respondent/Corporation shall ensure transparency in communication, equitable processing of the petitioners’ claims and strict adherence to statutory provisions and directions of this Court. 27. Accordingly, the respondent-Municipal Corporation is directed to alter the conditions imposed for allotment of shops at the newly constructed area at Imlipara Road, Old Bus Stand, Bilapsur and allot the shop to the petitioners (in WPC No. 4503/2025) as per the earlier agreement executed in favor of the petitioners, which is under existence till 2037-38. 28. With the aforesaid directions and observations, all the writ petitions stand disposed of. No order as to costs.” It is submitted that the impugned order passed by the respondent–Municipal Corporation, Bilaspur clearly shows that the directions issued by the learned Single Judge were completely ignored. The impugned order further demonstrates that the petitioner’s grievance was not redressed on the ground that the lease period had expired and that he was kept in 7 Category “B”. He further submits that though the petitioner’s lease expired in the year 2013, he had submitted an application for renewal of the lease on 12.06.2013 (Annexure P-7). However, the said application was kept pending, and in the meantime, the respondent–Municipal Corporation, Bilaspur continued to accept rent in respect of the shop in question, which was being used by the petitioner. Therefore, it is contended that the writ petition deserves to be allowed and the impugned order deserves to be set aside. 5. On the other hand, learned counsel appearing for respondents No. 2, 4, 5 and 6 supports the impugned order and places reliance upon clause (ii) of sub-section (5) of Section 80 of the Chhattisgarh Municipal Corporation Act, 1956, which provides that no land, the value of which may be prescribed, shall be sold or otherwise conveyed without the previous sanction of the Government. It further provides that every sale or other conveyance of property vesting in the Corporation shall be deemed to be subject to the conditions and limitations imposed by the Act or by any other enactment for the time being in force. 6. We have heard learned counsel appearing for the parties and have perused the impugned order as well as the other documents appended with the writ petitions. 7. A bare perusal of the impugned order reveals that, even though the land in question is Nazul land, the learned Single Judge 8 observed in paragraph 25 that the Corporation cannot execute leases beyond the permissible period of three years and that the petitioner shall be allotted a shop as per his entitlement under the relevant schedule. It was further observed that even if the land is Nazul land, the lease would be executed only for a period of three years. It was also stated by learned counsel for the petitioner that some persons have already been granted the benefit and leases have been granted by way of auction. 8. Accordingly, the impugned order dated 24.11.2025 (Annexure P-1 in all three petitions) passed by the Commissioner, Municipal Corporation, Bilaspur is hereby set aside. We hope and trust that the respondent–Municipal Corporation, Bilaspur shall take a fresh decision in accordance with the observations made by the learned Single Judge from paragraph 23 onwards, as early as possible preferably within a period of two weeks from the date of receipt of certified copy of this order. 9. With the aforesaid observations and direction, the writ petitions stand disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu