1 2026:CGHC:20380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2127 of 2026 1 - Vinod Kumar Sinha S/o- Eshwari Lal Sinha Aged About 50 Years R/o- Santoshi Chowk, Tahsil And District- Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Urban Administration, Mahanadi Bhavan Atal Nagar Naya Raipur District- Raipur Chhattisgarh 2 - Town And Country Planning Department Through Its Director, Town And Country Planning Department Chhattisgarh, Mahanadi Bhavan Atal Nagar Naya Raipur District- Raipur Chhattisgarh 3 - Director, Town And Country Planning Department Chhattisgarh, Mahanadi Bhavan Atal Nagar Naya Raipur District- Raipur Chhattisgarh 4 - Collector, Raipur, District- Raipur Chhattisgarh. 5 - Municipal Corporation Raipur, Through- Its Commissioner, Municipal Corporation Raipur Chhattisgarh 6 - Commissioner, Municipal Corporation Raipur Chhattisgarh. 7 - Tahsildar, Raipur, District Raipur Chhattisgarh. 8 - Nayab Tahsildar, Raipur, District- Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Vikram Kumar Dixit, Advocate. For Respondent No.5 & 6 : Shri Pankaj Agrawal, Advocate. For State/Res : Shri Sabyasachi Choubey, GA. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/05/2026 1. This Writ Petition has been filed for issuance of direction to the respondent AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.02 15:12:46 +0530 2 authorities- Municipal Corporation to grant compensation on account of allegedly encroaching private land of the petitioner and constructing a garden on it. 2. Necessary facts of the case are that the petitioner is the owner and occupant of the land situated at village Bhatagaov, Patwari halka no. 60 R.N.M. Raipur 13 Tahsil and District Raipur, khasra no. 178/2 Rakba 0.1010 hectare of land. The petitioner has purchased the land on 11.02.2010 from one Jani kumar and their after he continued to hold all the exclusive passion of the property till date. After purchase, the petitioner got recorded the name on the revenue records also and the B-1 was also issued on his name too. On 17.04.2025, the Petitioner filed an application for demarcation of the land before the Respondent Nayab Tahsildar and on 22.05.2025 a team was directed to be constituted for the same. On 20.08.2025, a team was constituted for the demarcation of the land in question. A revenue case was registered before the Nayab Tahsildar bearing revenue case number 202504115600052/A-8/ Year 2024-2025. During the demarcation proceedings, it was found by the team that certain part of the land is not in possession of the petitioner and the Raipur Nagar Nigam had constructed a Garden over the 0.0090 hectare of land and on 0.0230 Drainage has been constructed over the land. No document or notice whatsoever has been issued by the Collector or by the corporation with regard to acquisition of the land neither any objection has been obtained by the Collector or by the corporation and they have just constructed the garden and the drainage without following the due process of law. Hence this Petition. 3. Learned counsel for the petitioner submits that his private land has been encroached by the Municipal Corporation and a garden has been constructed on the encroached land, as such, he is seeking compensation in lieu of his land 3 being encroached. 4. Learned counsel for the Municipal Corporation submits that the Municipal Corporation has not encroached upon the private land of the petitioner. 5. Learned counsel for both the parties as this stage submits that this Writ Petition may be disposed of with a direction for demarcation of the disputed land and if in demarcation proceedings, it is found that the Municipal Corporation has encroached upon the land of the petitioner then appropriate compensation may be paid. 6. Considering the facts and circumstances of the case as also the submission made by the parties, this Court directs the concerned SDO to constitute a team consisting of i)one Tehsildar ii) two Revenue Inspectors iii) Two Patwaris who all will be assisted by the officers of Municipal Corporation for demarcation of the land. 7. The said Team shall be constituted within 15 days from the date of receipt of copy of this order who will demarcate the land in question in presence of both the parties after giving opportunity of hearing to the parties and shall issue a demarcation report within a further period of 1 month. 8. The parties are directed to remain present in the demarcation proceedings. 9. With the aforesaid direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash