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2026 DAILYLAW 3729 (CHH)

SURAJ SHRIVASTAV v. MUNICIPAL CORPORATION BILASPUR

WPC/1452/2026 · 2026-04-01

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:15267 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1452 of 2026 1 - Suraj Shrivastav S/o Late Shri Lakhanlal Shrivastav Aged About 69 Years Present Resident Of Tilak Nagar Main Road Bilaspur (C.G.) 2 - Sudhir Kumar Agrawal S/o Late Shri H.P. Agrawal Aged About 68 Years Present Address- A-4 Saraswati Nagar, Pratap Chowk Doctors Colony, Bilaspur (C.G.) ... Petitioners versus 1 - Municipal Corporation Bilaspur Through Its Commissioner Bilaspur (C.G.) Address- Vikas Bhawan Raipur Road Nehru Chowk, Below Apex Bank, Bilaspur Chhattisgarh 495001, 2 - State Of Chhattisgarh Through Collector Bilaspur (C.G.) Near Nehru Chowk Mungeli Naka Bilaspur Pin- Code- 495001 3 - State Of Chhattisgarh Through Secretary Public Works Department Mahanadi Bhawan Mantralay Naya Raipur (C.G.) ... Respondents For Petitioners : Mr. Shashank Agrawal, Advocate For Respondent No.1 : Mr. RS Marhas, Advocate For Respondents 2 & 3/State : Mr. Amit Nayak, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 02.4.2026 1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- (10.1) That, this Hon'ble Court may kindly be pleased to call the records, pertaining to the case of petitioner. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.04 10:20:36 +0530 2 (10.2) That this Hon'ble Court may kindly be pleased to issue appropriate writ, thereby directing the respondent authorities to forthwith calculate the compensation as per provision for payment to the petitioner as per market rate at the time when acquisition proceedings starts by respondents, towards his questioned land with interest at rate of 24% per annum and may pay as per provision of Land Acquisition Act 2013. (10.3) That further the Hon'ble Court may pleased to direct the respondents to pay compensation for depriving the petitioner from the use of questioned land illegally and arbitrarily. (10.4) That alternatively prayer is that if the respondents are not ready to pay the compensation at the present market price to the petitioners, then questioned land of petitioners may be returned to the petitioners in original condition. (10.5) Any other relief which this Hon'ble Court deems fit to pass in the interest of Petitioner. (10.6) Cost of the petition. 2. Learned counsel appearing for the petitioners submits that the petitioners are recorded owners of the portion of the land bearing Khasra No.605/3, area 1160 sqft, situated at village Tifra, Bilaspur, Distt. Bilaspur. He further submits that Ring Road No.2 has been constructed on the said land, by the then Bilaspur Development Authority (BDA), which has subsequently been merged into Municipal Corporation, Bilaspur. Learned counsel further submits that the aforesaid construction of Ring Road No. 2 has been carried out without following due process of law and without payment of any compensation to the petitioners. It is submitted that the petitioners had earlier filed an application dated 29.08.2008 before Respondent No. 1, and thereafter submitted another application dated 07.02.2025 (Annexure P/1) seeking redressal of their grievance; however, the said applications have not been decided till date. Hence, it is prayed that this petition may be disposed of at this stage, directing respondent No. 1 to decide the application dated 3 07.02.2025 (Annexure- P/1) along with earlier application dated 29.8.2008, within stipulated period. 3. Learned counsel for respondent No.1 has no objection if the above prayer of the petitioner is allowed. 4. Heard learned counsel for the parties and perused the material available on record. 5. The petitioners have filed demarcation report (Annexure-P/4), which shows that 1160 sqft. of the land of the petitioners has been utilized for construction of Ring Road No.2. Therefore, having considered the limited prayer of the petitioners and without expressing any opinion on the merits of the case, this petition is disposed of at this stage, directing respondent No.1 to decide the application/representation dated 07.02.2025 (Annexure-P/1) along with earlier application dated 29.8.2008 submitted by the petitioners, as early as possible, preferably within a period of 90 days from the date of receipt of a copy of this order. 6. With aforesaid observation and direction, this petition stands disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Bini Judge