1 CGHC010317472026 2026:CGHC:36496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4245 of 2026 1 - Anil Kumar Upadhyay, S/o Late Shri Radheshyam Upadhyay, Aged About 48 Years R/o 2/ 563, Bajrang Para Raigarh Tahsil And District Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya Naya Raipur, District Raipur (C.G.) 2 - Director, Directorate Of Town And Country Planning, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Collector Raigarh, District Raigarh (C.G.) 4 - The Tahsildar, Raigarh, District Raigarh (C.G.) 5 - The Municipal Corporation, Through The Commissioner, Municipal Corporation, Raigarh, District Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Shri Rajendra Tripathi, Advocate. For State : Shri Anand Dadariya, Dy AG. For Respondent No.5 : Shri Pankaj Agrawal, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/08/2026 1. Instant Writ Petition has been filed for the following reliefs:- i. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide proper vide approach road from the main road to the petitioner's plot, which has been encroached by the persons. ii. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to conduct proper demarcation AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.08.18 18:44:16 +0530 2 and take action for removal of encroachers so that the petitioner can avail his right. iii. Cost of the petition may also be granted to the petitioner. iv. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. 2. Learned counsel for the petitioner submits that the petitioner is absolute owner and undisputed possessor of the land situated at in front of Chandmari Filter Plant beside Home guard department, Circuit House Urdana Road Raigarh Tahsil & District Raigarh duly registered as Nazul sheet no. 69 plot no. 1 total Rakba 5000 square feet for the commercial purpose. The office of the Collector (Nazul department) Raigarh published a notice for the open auction of the above land, the petitioner also participated in the auction and obtained the said land in the open auction held by the respondent authority and thereafter the petitioner has paid all the requisite fees and accordingly made registry of the said land and has taken the possession. However, when the petitioner went to visit his land he saw that the approach road to the plot has been encroached by other persons and the approach road is not proper as per the guideline issued by the master plan of the city. 3. Learned counsel for the respondents jointly submits that if the petitioner approaches the competent authority of respondents then his claim will be adjudicated in accordance with law. 4. Having regard to the reliefs sought by the petitioner, it appears that the petitioner has to approach before the competent authority of respondent viz before the revenue authorities or before concerned municipal officers for redressal of his grievance as according to the petitioner the approach road of the subject property has been encroached by other persons who are not 3 allowing the petitioner to approach his land. Petitioner has prayed for a limited relief that authorities may be directed to consider and decide his representation in this regard and the authorities may also be directed to remove the encroachment. Therefore, this Writ Petition is disposed of while directing the petitioner to file appropriate application in this regard before the concerned Tehsildar as well as Municipal Corporation Raigarh within a period of 15 days from today. In the event of filing of such an application, if the land falls within municipal limits, the concerned authority of municipal corporation shall do the needful in the matter on the application of petitioner in accordance with law and if the land is a Nazul land, the concerned Nazul Officer as well as Tehsildar is directed to look into the matter on the application preferred by the petitioner and take appropriate steps for removal of encroachment. 5. It is also directed that the concerned authorities shall issue notice to all the affected persons and shall pass appropriate orders after giving due opportunity of hearing to all the encroachers as mandated by Hon’ble Supreme Court in the matter of Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1, relevant paragraph 94.1 to 94.10, reads as under:- “94.1. No demolition should be carried out without a prior show-cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days' time from the date of service of such notice, whichever is later. 94.2. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be affixed conspicuously on the outer portion of the structure in question. 4 94.3. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice. 94.4. To prevent any allegation of backdating, we direct that as soon as the show-cause notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate of the district digitally by email and an auto generated reply acknowledging receipt of the mail should also be issued from the office of the Collector/District Magistrate. The Collector/DM shall designate a Nodal Officer and also assign an email address and communicate the same to all the municipal and other authorities in charge of building regulations and demolition within one month from today. 94.5. The notice shall contain the details regarding: (a) The nature of the unauthorised construction. (b) The details of the specific violation and the grounds of demolition. (c) A list of documents that the noticee is required to furnish along with his reply. (d) The notice should also specify the date on which the personal hearing is fixed and the designated authority before whom the hearing will take place. 94.6. Every municipal/local authority shall assign a designated digital portal, within 3 months from today wherein details regarding service/pasting of the notice, the reply, the show-cause notice and the order passed thereon would be available. 94.7. The designated authority shall give an opportunity of personal hearing to the person concerned. 94.8. The minutes of such a hearing shall also be recorded. 94.9. Upon hearing, the designated authority shall pass a final order. 94.10. The final order shall contain: (a) The contentions of the noticee, and if the designated authority disagrees with the same, the reasons thereof. (b) As to whether the unauthorised construction is compoundable, if it is not so, the reasons therefor. (c) If the designated authority finds that only part of the construction is unauthorised/non-compoundable, then the details thereof. 5 (d) As to why the extreme step of demolition is the only option available and other options like compounding and demolishing only part of the property are not available. 6. It is made clear this Court has not passed this order against the encroacher and in favour of the petitioner and the concerned authorities are at liberty to pass appropriate order in accordance with law after giving due opportunity of hearing to each and every relevant person. Sd/- (Amitendra Kishore Prasad) Judge Avinash