1 2026:CGHC:19128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 154 of 2026 1 - Surendra Jain S/o Chaturbhuj Jain Aged About 61 Years R/o H.No. 15/1324/3, Karbala Talab, Panchmukhi Hanuman Mandir, Gita Nagar, Raipur, (C.G.) - 492001 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Indrawati Bhawan Block-D, Fourth Floor, Atal Nagar Raipur, Chhattisgarh 2 - Raipur Municipal Coporation Through The Commissioner, White House, Near Mahila Police Thana, Byron Bazar, Raipur (C.G.) - 492001 3 - Zone Commissioner Zone No. 7, Raipur Municipal Corporation, Manglam Complex, Samta Colony Road, Agrasen Chowk, Raipur, Chhattisgarh 492001 ... Respondent(s) For Petitioner(s) : Ms. Akanksha Jain, Advocate. For Respondent/State : Mr. Soumitra Kesharwani, Advocate. For Respondent(s)2 & 3 : Mr. Pankaj Agrawal, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/04/2026 1. By way of this petition, the petitioner has prayed for following RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 reliefs:- “10.1 That, the entire records pertaining to the beautification of the Karbala Talab be called for the purpose of conclusive and expeditious disposal of the present writ petition, and/or 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondents to ensure and maintain access to the road already existing leading to the petitioner's residence and to restrain them from constructing any wall in front of the petitioner's house or installing gates around Karbala Talab. 10.3 That, this Hon'ble Court may kindly be pleased to direct respondent authorities to immediately stop further construction and remove the walls constructed over the road in the area concerning petitioner's house till the Jain Mandir, Karbala Talab, Choubey Colony. 10.4 That, this Hon'ble Court may kindly be pleased to grant compensation of Rupees fifty thousand to the petitioner for the infringement of his fundamental rights by the respondents. 10.5 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed.” 2. Brief facts of the case, is that, the petitioner has approached this Hon’ble Court by way of the present writ petition seeking an 3 appropriate direction to the respondent authorities to ensure and maintain unobstructed access to the road leading to the petitioner’s residential house bearing H. No. 15/1324/3, situated at Karbala Talab, near Panchmukhi Hanuman Mandir, Geeta Nagar, Raipur (C.G.). It is submitted that the said road constitutes the only existing means of ingress and egress to the petitioner’s residence; however, the respondents, under the guise of undertaking beautification work of Karbala Talab, Raipur, are proposing to block the said access by constructing a wall. Such proposed action, if carried out, would effectively render the petitioner’s property completely landlocked, as there exists no alternative passage or access to the said premises. The petitioner contends that this would cause grave prejudice and irreparable harm, amounting to a serious infringement of the petitioner’s fundamental as well as legal rights. In these circumstances, the petitioner has been constrained to invoke the extraordinary jurisdiction of this Hon’ble Court by filing the present writ petition. 3. Learned counsel for the petitioner submits that the respondent State, being a welfare State, is under a constitutional and statutory obligation to ensure the availability of basic civic amenities, including access to a public road, to its citizens. It is contended that the right of access to a road is an inseparable and integral facet of the right to life guaranteed under Article 21 of the Constitution of India, and any denial thereof would amount to a direct infringement of the petitioner’s fundamental rights. Learned 4 counsel further submits that under the provisions of the Chhattisgarh Municipal Corporation Act, 1956, the respondent authorities are vested with the duty to construct, maintain, and regulate public streets, and are, therefore, legally bound to provide and preserve access to the petitioner’s residence. It is also urged that the petitioner had raised construction strictly in accordance with law, after obtaining due permission and approval of the layout plan from the competent authorities, which explicitly depicts a road in front of the petitioner’s house; however, despite such approval, the petitioner is now being arbitrarily deprived of the right of way. Learned counsel further contends that the petitioner was neither informed about the proposed construction of a wall under the guise of beautification of Karbala Talab nor was any notice served or opportunity of hearing afforded in respect of the demarcation proceedings, thereby rendering the entire action arbitrary, illegal, and in blatant violation of the principles of natural justice. It is submitted that the proposed closure of the road by construction of a wall and installation of rotary gates has been undertaken without any sanctioned plan or approval of the competent authority and without inviting objections from the affected residents, thereby also infringing the petitioner’s constitutional right to property under Article 300-A. Learned counsel emphasizes that the petitioner’s property would be rendered completely landlocked, as no alternative access is available, and despite repeated representations made by the 5 petitioner and other residents, no remedial action has been taken by the respondent authorities, reflecting clear arbitrariness and possible favouritism towards private interests. It is further submitted that the area in question comprises several residential houses and large girls’ hostels accommodating thousands of occupants, and closure of the existing road would not only deprive them of access but also create serious safety hazards, as emergency services such as ambulances and fire brigades would be unable to reach the area, thereby posing a grave risk to life and property. In these circumstances, it is submitted that the continued inaction of the respondent authorities, despite repeated representations, is unjust, arbitrary, and violative of the petitioner’s constitutional and legal rights. 4. On the other hand, learned counsel appearing on behalf of the respondents vehemently opposes the submissions advanced by learned counsel for the petitioner and controverts the claims made in the present writ petition. It is submitted that the allegations levelled by the petitioner are misconceived, unfounded, and devoid of any merit, and that the action proposed by the respondent authorities has been undertaken strictly in accordance with law and in furtherance of public interest. Learned counsel further submits that the respondents have neither acted arbitrarily nor in violation of any statutory or constitutional provision, and that due procedure is being followed in the matter. It is contended that the present petition is based on incorrect facts and an incomplete 6 appreciation of the circumstances, and therefore does not warrant any interference by this Hon’ble Court. Accordingly, it is prayed that the writ petition, being devoid of merit, deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Upon perusal of the record as well as the photographs placed on record, it appears that prior to initiating any action, the petitioner is required to be duly served with notice and afforded a reasonable opportunity of hearing. Accordingly, it is directed that the concerned Municipal Corporation shall issue appropriate notice to the petitioner and, thereafter, proceed in accordance with law for initiation of proceedings relating to the alleged encroachment. Considering the facts and circumstances of the present case, it is further deemed necessary that a proper demarcation of the land be carried out. For this purpose, the respondent/State is directed to constitute a team comprising the Tahsildar, Revenue Inspector, and two Patwaris, who shall undertake the demarcation exercise in the presence of the petitioner, officials of the Municipal Corporation, and all other persons who have raised constructions over the land in question. Upon such demarcation, if it is found that the petitioner has encroached upon any portion of the public road or the concerned pond area, the competent authority shall be at liberty to pass appropriate orders in accordance with law. 7. It is made clear that, upon perusal of the record, it appears that 7 the plan initiated by the Municipal Corporation is required to be implemented in its true spirit, failing which the very existence of the proposed road would be rendered impracticable. The proposed development and beautification are necessary, particularly as the land in question is situated in the heart of the city and, therefore, cannot be left in its present condition. However, it is equally well settled that no person can be evicted, nor can any adverse order be passed, without affording due opportunity of hearing to the affected parties who have raised constructions and are residing therein. Accordingly, the concerned Municipal Corporation is directed to issue notices to all such affected persons and proceed strictly in accordance with law. The respondent/State is further directed to constitute a team comprising the Tahsildar, Revenue Inspector and two Patwaris, along with the concerned Municipal Officers, namely the Zone Commissioner and the Executive Engineer, to carry out the necessary demarcation in the presence of all stakeholders. The entire exercise shall be conducted strictly in accordance with law, ensuring due hearing to the petitioner and other affected parties. It is, however, made clear that neither the petitioner nor the authorities shall adopt dilatory tactics to prolong the matter on any pretext, and the process must be completed within a stipulated timeframe. Accordingly, the respondent/State is directed to ensure that the demarcation is carried out within a period of 30 days from the date of this order. 8 8. The concerned Municipal Council is hereby directed to issue appropriate notices to the respondents, and a copy of such notice shall also be forwarded to the concerned Tahsildar for the purpose of constituting the requisite team in accordance with law. For the completion of this exercise, an additional period of 10 days is granted. 9. Till then no coercive steps shall be taken against the petitioner. 10. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat