Dismissed

Mongra Bai and and Anr. v. State Of Chhattisgarh and Ors.

Chhattisgarh HC11 Apr 2016WPC/239/2014

Case brief

AI extract

What is this about?

Slum residents challenged relocation notices and communications cancelling residential leases. The court dismissed all petitions, declining interference where the underlying cancellation orders remained unchallenged. It permitted the petitioners to obtain alternative housing by complying with allotment terms within one month.

What did the court decide?

Petitioners permitted to obtain housing at Imlibhata or another similar project with houses ready for allotment by complying with allotment terms within one month.

Mongra Bai and and Anr. Vs State Of… — Municipal and Town Planning | Chhattisgarh HC (2016)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPC No. 122 of 2014

¶5

Chhedilal Prajapati S/o Late Buddhuram Prajapati Aged About 55 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶6

Shyama Bai Prajapati W/o Chhedilal Prajapati Aged About 52 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶7

---- Petitioner

¶8

Versus

¶9

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶10

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶11

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶12

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶13

---- Respondent

¶14

And

¶15

WPC No. 123 Of 2014

¶16

Pramila Kori W/o Surendra Kumar Kori Aged About 35 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶17

Surendra Kori S/o Late Gayaram Kori & Kunwariya Bai Aged About 40 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

---- Petitioner

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶22

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶23

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶24

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶25

---- Respondent

¶26

And

¶27

WPC No. 124 Of 2014

¶28

Smt.Godavari Bai Kori W/o Late Ganesh Ram Kori Aged About 70 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶29

Amrit Kori S/o Late Ganesh Ram Kori Aged About 45 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶30

Brijbai Kori W/o Suritlal Kori Aged About 32 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶31

---- Petitioner

¶32

¶33

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶34

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶35

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶36

¶37

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶38

---- Respondent

¶39

And

¶40

WPC No. 140 Of 2014

¶41

Anand Kori S/o Late Makhan Kori Aged About 55 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶42

Smt. Uma Kori W/o Anand Kori Aged About 45 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶43

---- Petitioner

¶44

¶45

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶46

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶47

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶48

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶49

---- Respondent

¶50

And

¶51

WPC No. 141 Of 2014

¶52

Ramlochan Das Vaishnav s/o Manbodh Das Vaishnav Aged About 60 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶53

¶54

Smt. Pushpa Vaishnav W/o Ramlochan Das Vaishnav Aged About 55 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶55

---- Petitioner

¶56

¶57

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶58

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶59

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶60

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶61

---- Respondent

¶62

And

¶63

WPC No. 142 Of 2014

¶64

Smt. Chameli Kori Wd/o. Late Raghunandan Kori Aged About 49 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶65

---- Petitioner

¶66

¶67

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶68

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶69

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶70

¶71

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶72

---- Respondent

¶73

And

¶74

WPC No. 139 Of 2014

¶75

Smt. Chainkali Kori Wd/o. Late Goverdhan Kori Aged About 55 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶76

---- Petitioner

¶77

¶78

State Of Chhattisgarh Through Secretary, Urban Administration Development Department Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶79

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶80

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶81

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶82

---- Respondent

¶83

And

¶84

WPC No. 143 Of 2014

¶85

Resham Bai Wd/o Late Sukhiram Aged About 55 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶86

Smt. Uma Kori W/o Santosh Kori, Aged About 32 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

---- Petitioner

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶91

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶92

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶93

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶94

---- Respondent

¶95

And

¶96

WPC No. 126 Of 2014

¶97

Gorelal Prajapati, S/o Late Buddhuram Prajapati Aged About 49 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶98

Suman Prajapati W/o Gorelal Prajapati Aged About 40 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶99

---- Petitioner

¶100

¶101

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶102

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶103

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶104

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

---- Respondent

And

WPC No. 127 Of 2014

¶109

Nirmala Gupta W/o Late Rajendra Gupta Aged About 54 Years R/o Nutan Chowk, Satkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶110

Sunita Gupta D/o Nirmala Gupta, Aged About 35 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶111

---- Petitioner

¶112

¶113

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶114

Commissioner Municipal Corporation, Bilaspur, Distt. Bilaspur C.G.

¶115

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, C.G.

¶116

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India

¶117

---- Respondent

¶118

And

¶119

WPC No. 292 Of 2014

¶120

Lalita Bai Kori Wd/o Bodhram Kori Aged About 68 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶121

Premlata Kori W/o Nakul Ram, D/o Lt Bodhram Aged About 35 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

---- Petitioner

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶126

Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶127

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶128

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi India,

¶129

---- Respondent

¶130

And

¶131

WPC No. 287 Of 2014

¶132

Shiv Kumar Prajapati, S/o Panchram Prajapati Aged About 45 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶133

Smt. Purnima Prajapati, W/o Shiv Kumar Prajapati, Aged About 40 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶134

---- Petitioner

¶135

¶136

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶137

Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶138

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶139

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi India,

---- Respondent

And

WPC No. 286 Of 2014

¶144

Smt. Tarabai Chouhan Wd/o Lt Manghilal Chouhan Aged About 45 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶145

---- Petitioner

¶146

¶147

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶148

Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶149

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶150

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi India,

¶151

---- Respondent

¶152

And

¶153

WPC No. 290 Of 2014

¶154

Jagdish Patel S/o Kawadu Patel Aged About 60 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶155

Smt. Maya Patel W/o Jagdish Patel Aged About 55 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

---- Petitioner

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶160

Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶161

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶162

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi India,

¶163

---- Respondent

¶164

And

¶165

WPC No. 291 Of 2014

¶166

Anjora Bai D/o Lt Videshi Singh Aged About 70 Years R/o Nutan Chowk, Sarkanda, Ps & Psot Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶167

Saraswati Bai D/o Malik Ram Maravi Aged About 38 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶168

---- Petitioner

¶169

¶170

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶171

Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶172

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶173

Union Of India, Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi, India,

---- Respondent

And

WPC No. 298 Of 2014

¶178

Surajbati Sahu Wd/o Late Bisahuram Sahu Aged About 60 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶179

Smt. Tikeshwari Sahu W/o Suresh Sahu Aged About 38 Years R/o Nutan Chowk, Sarkanda, Police Station And Post Sarkanda, Civil And Revenue Distt. Bilaspur C.G.

¶180

---- Petitioner

¶181

¶182

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.

¶183

Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶184

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶185

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi India,

¶186

---- Respondent

¶187

And

¶188

WPC No. 288 Of 2014

¶189

Chhotu Yadav S/o Kanhai Yadav Aged About 75 Years R/o Nutan Chowk Sarkanda Police Station And Post Sarkanda Civil And Revenue District Bilaspur Cg

¶190

---- Petitioner

¶191

¶192

State Of Chhattisgarh Through Secretary Urban Administration Development Mantralaya Capital Complex Naya Raipur District Raipur Cg

¶193

¶194

Commissioner Municipal Corporation Bilaspur District Bilaspur Cg

¶195

Municipal Corporation Bilaspur, Through Its Commissioner Municipal Corporation Bilaspur Cg

¶196

Union Of India Through Secretary Ministry Of Housing And Urban Property Alleviation New Delhi India

¶197

---- Respondent

¶198

And

¶199

WPC No. 289 Of 2014

¶200

Goverdhan Singh Rajput S/o Khem Singh Aged About 57 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶201

Smt. Anupa W/o Goverdhan Singh Rajput Aged About 50 Years R/o Nutan Chowk, Sarkanda, Ps & Psot Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶202

---- Petitioner

¶203

¶204

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶205

Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶206

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶207

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi India,

¶208

---- Respondent

¶209

And

¶210

WPC No. 293 Of 2014

¶211

¶212

Muni Singh Thakur S/o Prahlad Singh Aged About 65 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶213

Sohni Bai W/o Muni Singh Aged About 50 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶214

---- Petitioner

¶215

¶216

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶217

Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶218

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶219

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi India,

¶220

---- Respondent

¶221

And

¶222

WPC No. 242 Of 2014

¶223

Panchram S/o Lt Bhagwani Aged About 74 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶224

Smt. Panchakunwar W/o Panchram Aged About 60 Years R/o Nutan Chowk, Sarkanda, Ps & Psot Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶225

---- Petitioner

¶226

¶227

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶228

¶229

Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶230

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶231

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi

¶232

---- Respondent

¶233

And

¶234

WPC No. 240 Of 2014

¶235

Dauaram Nirmalkar S/o Sukhau Nirmalkar Aged About 58 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶236

Smt. Kaushilya Nirmalkar W/o Jairam Nirmalkar Aged About 32 Years R/o Nutan Chowk, Sarkanda, Ps & Psot Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶237

---- Petitioner

¶238

¶239

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶240

Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶241

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶242

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi

¶243

---- Respondent

¶244

And

¶245

WPC No. 238 Of 2014

¶246

¶247

Smt. Jagan Bai (wrongly typed as Jugan Bai in the notice dated 30-12-2013) W/o Arjun Yadav, D/o Lt Chandulal Aged About 57 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶248

---- Petitioner

¶249

¶250

State Of Chhattisgarh Through The Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶251

Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶252

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶253

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi

¶254

---- Respondent

¶255

And

¶256

WPC No. 239 Of 2014

¶257

Mongra Bai Wd/o Lt Sitaram Kumhar Aged About 51 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶258

Rajkumari W/o Shankar Prajapati Aged About 38 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶259

---- Petitioner

¶260

¶261

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶262

Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶263

¶264

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶265

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi

¶266

---- Respondent

¶267

And

¶268

WPC No. 243 Of 2014

¶269

Niranjan Patel S/o Lt Ramprasad Patel Aged About 55 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶270

---- Petitioner

¶271

¶272

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶273

Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶274

Municipal Corporation, Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶275

Union Of India Through Secretary, Ministry Of Housing And Urban Property Alleviation, New Delhi

¶276

---- Respondent

¶277

And

¶278

WPC No. 244 Of 2014

¶279

Smt.Gomati W/o Shri Jawahar Lal Dewangan Aged About 45 Years R/o Ward No. 46, Fokatpara Gaya Vihar, Nutan Chowk Sarkanda, Bilaspur, Ps Sarkanda, Distt Bilaspur, Cg

---- Petitioner

State Of Chhattisgarh Through The Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶284

The Collector Bilaspur, Distt Bilaspur, Cg

¶285

The Municipal Corporation, Bilaspur, Distt Bilaspur, Cg, through the Commissioner, Municipal Corporation, Bilaspur, Distt. Bilaspur Cg.

¶286

The Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶287

---- Respondent

¶288

And

¶289

WPC No. 245 Of 2014

¶290

Smt.Kusum Dewangan W/o Shri Bhagirathi Aged About 40 Years R/o Ward No. 46, Fokatpara Gaya Vihar, Nutan Chowk Sarkanda, Bilaspur, Ps Sarkanda, Distt Bilaspur, Cg

¶291

---- Petitioner

¶292

¶293

State Of Chhattisgarh Through The Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶294

The Collector Bilaspur, Distt Bilaspur, Cg

¶295

The Municipal Corporation, Bilaspur, Distt Bilaspur, Cg, through the Commissioner, Municipal Corporation, Bilaspur, Distt. Bilaspur Cg.

¶296

The Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶297

---- Respondent

¶298

And

¶299

WPC No. 246 Of 2014

¶300

¶301

Smt.Prema Bai Wd/o Lt Shri Mahadev Manikpuri Aged About 70 Years R/o Ward No. 46, Fokatpara Gaya Vihar, Nutan Chowk Sarkanda, Bilaspur, Ps Sarkanda, Distt Bilaspur, Cg

¶302

---- Petitioner

¶303

¶304

State Of Chhattisgarh Through The Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶305

The Collector Bilaspur, Distt Bilaspur, Cg

¶306

The Municipal Corporation, Bilaspur, Distt Bilaspur, Cg, through the Commissioner, Municipal Corporation, Bilaspur, Distt. Bilaspur Cg.

¶307

The Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶308

---- Respondent

¶309

And

¶310

WPC No. 247 Of 2014

¶311

Nita Bai Yadav W/o Shri Purushottam Yadav Aged About 40 Years R/o Ward No. 46, Fokatpara Gaya Vihar, Nutan Chowk Sarkanda, Bilaspur, Ps Sarkanda, Distt Bilaspur, Cg

¶312

---- Petitioner

¶313

¶314

State Of Chhattisgarh Through The Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶315

The Collector Bilaspur, Distt Bilaspur, Cg

¶316

The Municipal Corporation, Bilaspur, Distt Bilaspur, Cg, through the Commissioner, Municipal Corporation, Bilaspur, Distt. Bilaspur Cg.

¶317

¶318

The Commissioner Muncipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶319

---- Respondent

¶320

And

¶321

WPC No. 248 Of 2014

¶322

Smt.Durga Bai W/o Shri Bedram Dewangan Aged About 47 Years R/o Ward No. 46, Fokatpara Gaya Vihar, Nutan Chowk Sarkanda, Bilaspur, Ps Sarkanda, Distt Bilaspur, Cg

¶323

---- Petitioner

¶324

¶325

State Of Chhattisgarh Through The Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶326

The Collector Bilaspur, Distt Bilaspur, Cg

¶327

The Municipal Corporation, Bilaspur, Distt Bilaspur, Cg, through the Commissioner, Municipal Corporation, Bilaspur, Distt. Bilaspur Cg.

¶328

The Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶329

---- Respondent

¶330

And

¶331

WPC No. 249 Of 2014

¶332

Smt.Savitri Gupta W/o Shri Amrit Gupta Aged About 40 Years R/o Ward No. 46, Fokatpara Gaya Vihar, Nutan Chowk Sarkanda, Bilaspur, Ps Sarkanda, Distt Bilaspur, Cg

---- Petitioner

State Of Chhattisgarh S/o Throuth The Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶337

The Collector Bilaspur, Distt Bilaspur, Cg

¶338

The Municipal Corporation, Bilaspur, Distt Bilaspur, Cg, through the Commissioner, Municipal Corporation, Bilaspur, Distt. Bilaspur Cg.

¶339

The Commissioner Muncipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶340

---- Respondent

¶341

And

¶342

WPC No. 250 Of 2014

¶343

Smt.Mangalin Yadav W/o Shri Ganga Ram Yadav Aged About 45 Years R/o Ward No. 46, Fokatpara Gaya Vihar, Nutan Chowk Sarkanda, Bilaspur, Ps Sarkanda, Distt Bilaspur, Cg

¶344

---- Petitioner

¶345

¶346

State Of Chhattisgarh Through The Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt Raipur, Cg

¶347

The Collector Bilaspur, Distt Bilaspur, Cg

¶348

The Municipal Corporation, Bilaspur, Distt Bilaspur, Cg, through the Commissioner, Municipal Corporation, Bilaspur, Distt. Bilaspur Cg.

¶349

The Commissioner Municipal Corporation, Bilaspur, Distt Bilaspur, Cg

¶350

---- Respondent

¶351

And

¶352

WPC No. 1057 Of 2014

¶353

¶354

Ramlochan Das Vaishnav S/o Manbodh Das Vaishnav Aged About 60 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶355

---- Petitioner

¶356

¶357

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Dist Raipur, Cg

¶358

Commissioner Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶359

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶360

Collector Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶361

Sub Divisional Officer (Revenue) Cum Prescribed Officer, Bilaspur, Ps Civil Lines, Civil & Revenue Dist Bilaspur, Cg

¶362

---- Respondent

¶363

And

¶364

WPC No. 1058 Of 2014

¶365

Anand Kori S/o Lt Makhan Kori Aged About 55 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶366

---- Petitioner

¶367

¶368

State Of Chhatisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Dist Raipur, Cg

¶369

Commissioner Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶370

¶371

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶372

Collector Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶373

Sub Divisional Officer (Revenue) Cum Prescribed Officer, Bilaspur, Ps Civil Lines, Civil & Revenue Dist Bilaspur, Cg

¶374

---- Respondent

¶375

And

¶376

WPC No. 1060 Of 2014

¶377

Muni Singh Thakur S/o Prahlad Singh Aged About 65 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶378

---- Petitioner

¶379

¶380

State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Dist Raipur, Cg

¶381

Commissioner Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶382

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶383

Collector Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶384

Sub Divisional Officer (Revenue) Cum Prescribed Officer, Bilaspur, Ps Civil Lines, Civil & Revenue Dist Bilaspur, Cg

¶385

---- Respondent

¶386

And

¶387

WPC No. 1061 Of 2014

¶388

¶389

Chhotu Yadav S/o Kanhai Yadav Aged About 75 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶390

---- Petitioner

¶391

¶392

State Of Chhatisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Dist Raipur, Cg

¶393

Commissioner Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶394

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶395

Collector Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶396

Sub Divisional Officer (Revenue) Cum Prescribed Officer, Bilaspur, Ps Civil Lines, Civil & Revenue Dist Bilaspur, Cg

¶397

---- Respondent

¶398

And

¶399

WPC No. 1059 Of 2014

¶400

Chhedilal Prajapati S/o Late Budhhuram Prajapati Aged About 55 Years R/o Nutan Chowk, Sarkanda, Ps & Post Sarkanda, Civil & Revenue Distt Bilaspur, Cg

¶401

---- Petitioner

¶402

¶403

State Of Chhatisgarh Through Secretary, Urban Administration Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Dist Raipur, Cg

¶404

Commissioner Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶405

¶406

Municipal Corporation Bilaspur, Through Its Commissioner, Municipal Corporation, Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶407

Collector Bilaspur, Ps Civil Lines, Civil & Revenue Distt Bilaspur, Cg

¶408

Sub Divisional Officer (Revenue) Cum Prescribed Officer, Bilaspur, Ps Civil Lines, Civil & Revenue Dist Bilaspur, Cg

¶409

---- Respondent

¶410

For respective Petitioners	Shri Manoj Paranjape, Shri Pallav Mishra & Shri Vaibhav A. Goverdhan, Advocates
For Respondent/State	Shri R.K. Gupta, Dy. Adv. General
For Respondent/	Shri A.S. Kachhawaha & Ms. Pushpa
Municipal Corpn.	Dwivedi, Advocates
For Respondent/UOI	Shri Raj Kumar Gupta, Advocate

¶411

Hon'ble Shri Justice Prashant Kumar Mishra

¶412

C A V Order

¶413

11/04/2016

¶414

The present batch of writ petitions have been preferred by the lease holders/inhabitants who are residents of the locality commonly known as Phokatpara , Nutan Chowk, Sarkanda, Bilaspur.

¶415

In the petitions, the petitioners have called in question the show cause notices issued to them by the Municipal Corporation, Bilaspur (' the Corporation’ in short ) whereby they

¶416

¶417

have been directed to obtain application form for allotment of house at Imlibhata on payment of first installment of Rs.3,000/-. The petitioners have also challenged the information sent to them by the Corporation during pendency of the writ petitions whereby the Corporation has informed them that the leases granted to them have been cancelled.

¶418

For the sake of brevity, the pleadings and the documents submitted by the parties in WPC Nos.122 & 1059 of 2014 shall be referred.

¶419

Facts of the matter, briefly stated, are that the petitioners were granted lease of small pieces of land admeasuring less than 50 sq.mtrs. for residential purposes by the Corporation under the provisions of the MP/CG Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 ( ‘the Act, 1984’ in short ). It is not in dispute that in all the cases the lease has either been cancelled/terminated or its period has expired by efflux of time.

¶420

In order to make the Urban Areas slum free the Central Government has formulated different schemes at different period of time. Initially, Valmiki Ambedkar Aawas Yojna ( ‘VAMBAY’ in short ) was framed, which was, later on,

¶421

¶422

redesigned and reformulated in the year 2009 as Integrated Housing & Slum Development Programme ( ‘IHSDP’ in short ). Later on this was again reformulated by the name Rajiv Awas Yojana ( ‘RAY’ in short ) and presently it is in operation by the name Pradhan Mantri Awas Yojana, Housing For All (Urban).

¶423

The subject area admeasuring 2.94 acres is located in the heart of Bilaspur town, on the Rajkishore Nagar-SECL Road surrounded by residential colonies. For implementation of IHSDP scheme, the Corporation applied for grant of lease of the above-stated 2.94 acres of land, which is entered in the Municipal revenue records as Khasra No.601/2, 602 and 603/1, Ward 46, Shastri Nagar, Village Sarkanda.

¶424

By order dated 19-2-2009 the Collector, Bilaspur, granted lease of the subject land to the Corporation specifically referring to the Revenue Department of State Government’s circular dated 7-8-2007 and 24-6-2008 allowing grant of lease to Urban Bodies for implementation of the IHSDP under the Jawaharlal Nehru National Urban Renewal Mission ( ‘JNNURM’ in short ). The order further stated that as per the Tahsildar’s report some area has been encroached by slum dwellers who have also raised pakka construction whereas some others like the petitioners have been granted lease,

¶425

¶426

therefore, the allotment of land to the Corporation is subject to allotment of the houses to the existing lease holders.

¶427

The Corporation, thereafter, initiated preparation to implement IHSDP on the subject land for which it needed the area to be vacant, therefore, the petitioners were issued impugned notices for their settlement at Imlibhata IHSDP scheme where houses have already been constructed and are lying vacant. Petitioners were informed that they are required to pay Rs.33,000/- towards the cost of the house, however, at the time of moving application they shall be required to deposit the first installment of Rs.3,000/-. It was also stated that after expiry of the due date of 7-1-2014 their entitlement for allotment at Imlibhata shall automatically stand closed. The house at Imlibhata has total cost of Rs.1,85,000/- of which the petitioners were required only to pay an amount of Rs.33,000/and the remaining amount being subsidy facility provided by the Government.

¶428

The writ petitions were initially filed to call in question the above notice issued to the petitioners. At that time, learned counsel appearing for the Corporation informed the Court that the petitioners shall not be dispossessed. Though the petitioners have not been dispossessed, the lease granted to

¶429

¶430

them under the Act, 1984 has been cancelled, which has occasioned either amendment in the earlier writ petitions or filing of fresh writ petitions.

¶431

Assailing the action of the Corporation, learned counsel appearing for the petitioners would argue that the Corporation has treated the petitioners as if they are encroachers whereas they are legally entitled to occupy the area under the strength of lease granted to them. Learned counsel would submit that the Collector, Bilaspur, granted lease to the Corporation subject to allotment to the petitioners, therefore, they are entitled to be resettled in the subject premises itself. Referring to the provisions contained in the Act, 1984 and the MP/CG Nagariya Kshetro Ke Bhumihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Rules, 1998 (‘the Rules, 1998’ in short) framed thereunder, learned counsel would also argue that before cancellation of the lease the procedure provided under the Rules, 1998 have not been followed, inasmuch as neither the High Power Committee nor the Mohalla Samiti has been constituted in accordance with law nor any meeting, as contemplated in law, was ever convened.

¶432

Learned counsel would place reliance on the decisions of the Supreme Court rendered in M/s Rubber House v. M/s

¶433

¶434

Excellsior Needle Industries Pvt. Ltd.¹ , State, Represented by Inspector of Police, Chennai v. N.S. Gnaneswaran² , Ramchandra Keshav Adke (dead) by LRs and Others v. Govind Joti Chavare and Others³ , Mohinder Singh Gill and another v. The Chief Election Commissioner, New Delhi and Others⁴ , Uma Nath Pandey & Ors. v. State of U.P. & Anr.⁵ , and Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan and Others⁶ .

¶435

Per contra, learned counsel appearing for the Corporation and learned counsel appearing for the State as well would argue that the Corporation has passed orders after complying the principles of natural justice, therefore, there is absolutely no illegality or procedural impropriety in passing the orders. Learned counsel would submit that the petitioners have not paid lease rent for more than 10 years and in some cases for more than 20 years. Referring to the spot inspection report, learned counsel would submit that all the petitioners have occupied huge area, many times more than the lease area and have raised pakka construction, which is not permissible under

¶436

the lease. In some cases the petitioners are running shops

¶437

1 AIR 1989 SC 1160

¶438

2 2013 AIR SCW 3806

¶439

3 (1975) 1 SCC 559

¶440

4 AIR 1978 SC 851

¶441

5 AIR 2009 SC 2375

¶442

6 (1997) 11 SCC 121

¶443

¶444

and have let out the premises thereby generating profit. Out of 257 lease holders/ occupiers about 180 have already shifted to alternative site at Imlibhata and the Corporation’s project has been stalled by handful of petitioners. Learned counsel would also argue that some of the petitioners have already shifted to Imlibhata yet they are prosecuting the writ petitions. It is put forth that the original lease period having already expired, even if the cancellation of lease is not taken note of, the petitioners have no right to occupy the area.

¶445

It is vehemently put forth that the Central Government and the State Government have embarked on ambitious project of making the urban areas slum free under the IHSDP scheme floated in 2009, which is awaiting execution for the last 7 years. It is lastly argued that since the Corporation has treated all lease holders alike without targeting any specific individual, the action is neither mala fide nor arbitrary.

¶446

I have heard learned counsel for the parties, perused the pleadings and the documents appended thereto.

¶447

The petitioners' right to occupy the lease area originates under the provisions of the Act, 1984 as well as the Rules, 1998. Before adverting to examine the legality of the Corporation's/

¶448

¶449

State Government's action, it would be necessary to refer to the provisions of the Act, 1984 and the Rules, 1998.

¶450

Section 2 (a) of the Act, 1984 defines the 'Authorised Officer' to mean a Sub Divisional Officer or any other Assistant Collector or Deputy Collector in the District as the Collector may by order specially authorise to exercise the powers of the Authorised Officer in such area as may be specified therein. 'Landless person' has been defined under Section 2(d) to mean a person who does not own any land in an urban area where he is actually residing; occupy land exceeding ( sic not) 50 sq.mtrs. either himself or through any member of his family. The word 'occupy' has been defined under Section 2 (d-1) to mean occupation of Government land in urban area for residential purpose.

¶451

Under Section 3(2) of the Act, 1984 the Authorised Officer has been empowered to settle the land in actual occupation of the landless person not exceeding 50 sq.mtrs. Such lease hold right has been made non-transferable in sub-section (3) of Section 3 except by inheritance. The consequence to follow upon violation of sub-section (3) is provided under sub-section (4) which prescribes cancellation of lease and declaring the transfer null and void.

¶452

¶453

Once the lease is granted, the removal of the dwelling house, construction thereon, is governed under Rule 9 of the Rules, 1998, which provides for constitution of a High Power Committee in each District at the District Headquarters and in such other urban areas as it may deem necessary to decide on the question of securing the vacation of any existing occupied land in the public interest. Sub-rule (2) of Rule 9 speaks about constitution of High Power Committee, whereas, sub-rule (3) provides for the action which may be taken by the High Power Committee to secure vacation of house sites in the public interest.

¶454

The entire challenge thrown by the petitioners centers around Annexure P/1 to WPC No.1059 of 2014. The communication addressed to the petitioner in the said document is reproduced :

¶455

U;k;ky; vuqfoHkkxh; vf/kdkjh ¼jk½ ,oa izkf/kd`r vf/kdkjh] fcykliqj] N0x0

¶456

Øekad@423@v0fo0v0@ok&1@2014 fcykliqj] fnukad 13-05-2014 15

¶457

izfr]

¶458

Jh Nsnh] firk Jh cq)q irk ljdaMk QksdVikjk 'kkL=huxj okMZ Ø- 46 uwru pkSd fcyk-

¶459

¶460

vkidks N0x0 uxjh; {ks= esa Hkwfeghr O;fDr ¼iVVk/kfr vf/kdkjks dk iznku fd;k tkuk½ vf/kfu;e 1984 ,oa muds rgr cus fu;e 1998 ds rgr okMZ Øekad 46] uwru pkSd ds ikl] ljd.Mk fcykliqj rglhy o ftyk fcykliqj esa Hkw [k.M Øekad 601@1] 602@1] 603@1] esa fuokl xgksa ds fy, iVVk fn;k x;k gS A

¶461

mDr Hkwfe ij cus vkokl xg dks yksdfgr esa gVk;k tkuk vko';d gS 'kklu dh tu dY;k.kdkjh ;kstuk dsUnz izofrZr ,dhdr vkokl ,oa efyu cLrh fodkl dk;ZØe ¼vkbZ-,p-,l-Mh-ih-½ vUrxZr okMZ Øekad 45 esa uxj ikfyd fuxe fcykliqj }kjk vkokl esa O;oLFkkiu fd;k tk jgk gS A

¶462

bl laca/k esa mDr vf/kfu;e ds rgr xfBr eksgYyk lfefr ds }kjk lquokbZ ds i'pkr~ vf/kfu;e ds rgr xfBr mPp 'kfDr lfefr dh cSBd fnukad 08-05-2014 esa vkidks nh xbZ vkokl xg dk iV~Vk fujLr djus dk fu.kZ; fy;k x;k gS A ftlds rgr bl U;k;ky; ds <u>jk0iz0Ø0 2271@c&121@2013&2014 vkns'k fnukad 13-05-2014 esa vkidks nh xbZ mDr vkokl xg dk iV~Vk fujLr djus dk vkns'k fd;k x;k gS ,oa oSdfYid O;oLFkk ds rgr vkbZ-,p-,l-Mh-ihvUrxZr 1-0 fdyksehVj dh ifjf/k esa uofufeZr vkokl ¼th$2 ½ ds rgr vkcaVu fd;k tk pqdk gS A ftldh lgefr visf{kr gS A

¶463

vr% mDr vkns'k ds rgr iwoZ esa vkcafVr iV~Vk fujLr fd;k tkrk gS A lwpukFkZ vxzsf”kr A

¶464

gLrk{kj@lgh

¶465

izkf/kd`r vf/kdkjh ,oa vuqfoHkkxh; vf/kdkjh ¼jk½ fcykliqj] N0x0

¶466

(Emphasis supplied)

¶467

¶468

What is apparent from a simple reading of Annexure P/1 to WPC No.1059 of 2014 is that the petitioners were provided opportunity of hearing by the Committee on 08.05.2014, wherein, the lease holders had appeared, and, thereafter, an order cancelling the lease was passed on 13.05.2014 in Revenue Case No.2271/B-121/2013-2014 by the Sub Divisional Officer (Revenue)-cum-Prescribed Authority, Bilaspur, which finds reference in the third paragraph of this document, however, the petitioners have neither produced or annexed a copy of this order passed in revenue case nor any challenge has been thrown to the order cancelling their lease. Annexure P/1 is only communication pursuant to the order passed in Revenue Case.

¶469

Considering the fact that the respondents have carried on spot inspection twice, the first time vide Annexure R/14 and for the second time under the orders passed by this Court on 18.12.2015, in the presence of the petitioners, wherein, it has been found that majority of the lease holders have occupied many times more area than the leased area; some of them have let out the premises to others; some of them have opened shops, whereas, the lease was for residential purpose etc., it was incumbent on the petitioners to have produced the

¶470

¶471

order dated 13.05.2014 passed in Revenue Case in absence of which, this Court is not in a position to adjudicate the exact reason, which compelled the authority to cancel the lease.

¶472

The leased area, the area occupied at the time of first inspection and the area occupied at the time of second inspection under the orders of the Court has been mentioned in the report prepared in presence of the petitioners. The details of which are as follows :

¶473

Sr. No.	W.P.C. No.	Leased area in sq. ft.	Area occupied at the time of first inspection in sq.ft.	Area occupied at the time of second inspection in sq.ft.
1.	241/2014	140.00	212.00	-
2	242/2014	502.00	656.00	656.00
3	243/2014	228.00	858.00	688.00
4	290/2014	203.00	531.00	598.00
5	286/2014	598.00	644.00	648.00
6	292/2014	536.00	998.00	2065.00
7	293/2014	483.00	824.00	821.00
8	295/2014	450.00	580.00	720.00
9	291/2014	290.00	1438.00	1862.00

¶474

¶475

10	298/2014	522.00	945.00	540.00
11	240/2014	615.00	1745.00	2094.00
12	288/2014	452.00	1163.00	2035.00
13	287/2014	435.00	341.00	615.00
14	239/2014	228.00	560.00	691.00
15	289/2014	528.00	757.00	1071.00
16	250/2014	219.00	288.00	722.00
17	123/2014	523.00	1914.50	2220.00
18	142/2014	155.00	407.00	506.00
19	140/2014	350.00	752.00	798.00
20	143/2014	138.00	333.00	360.00
21	141/2014	508.00	583.00	1540.00
22	122/2014	298.00	1101.00	1997.00
23	139/2014	350.00	1000.00	714.00
24	126/2014	150.00	1252.00	1069.00
25	127/2014	408.00	1002.00	1196.00
26	124/2014	174.00	468.00	665.00
27	244/2014	407.00	593.00	936.00
28	245/2014	407.00	447.00	990.00
29	246/2014	284.00	754.00	1000.00

¶476

¶477

30	247/2014	297.00	459.00	1040.00
31	248/2014	462.00	437.00	500.00
32	249/2014	151.00	341.00	750.00
33	238/2014	353.00	0	618.00

¶478

Thus, it would clearly appear that even during pendency of the writ petitions, while enjoying the interim order, many petitioners have kept on increasing the encroached area and have, thus, misused the indulgence granted by this Court. This is apart from the fact that previously also, they were found to have encroached much larger area than the original lease area.

¶479

The object of constitution of High Power Committee or the Mohalla Samiti is to secure vacation of the leased area during its subsistence if the area is needed by the authorities in public interest, however, the said provisions may not apply when the lease is cancelled for violation of any term of the lease, as has been alleged to be done by the petitioners. Therefore, once it is found that the vacation of the area being not alone in public interest, but also for violation of the term of the lease, non adherence to the formation of the High Power Committee or Mohalla Samiti, as provided under the Rules, may not be fatal.

¶480

¶481

It is settled law that once lease has been cancelled and the order cancelling such lease passed in revenue case has not been assailed, the petitioners would attain the status of encroacher and they can be dispossessed at any point of time after providing them breathing period, as held by the Supreme Court in Ahmedabad Municipal Corporation (supra).

¶482

Learned counsel appearing for the petitioners have vehemently argued that the procedure prescribed under the Act and the Rules has to be followed and fresh reasons cannot be supplied in the affidavit, which is not available in the record. However, in view of the fact that there is no separate challenge to the order passed in revenue case wherein the lease has been cancelled and it not being a case where the vacation is only sought for public interest but is also on account of violation of terms of lease and in some case, the original term of the lease having already expired, such plea raised by the petitioners may not fall for adjudication in the case.

¶483

It is to bear in mind, importantly, that the Corporation has embarked on a project, which is funded by the Central Government and the same is awaiting execution for the last about 7 years.

¶484

¶485

There are materials on the record indicating the present status of the project that the tender process is complete and the agency has already been identified, but it is not put in place because the area is not vacant. It will not be out of place to mention that out of 257 lease holders about 180 persons have already shifted to Imlibhata and the Corporation has undertaken that the present petitioners shall also be provided alternative allotment at Imlibhata or at such project of similar nature, however, the petitioners are not willing to co-operate. Only 32 persons have preferred these writ petitions and another 30 persons who have neither vacated nor preferred writ petitions; neither consented for shifting.

¶486

It is also to be seen that the houses alloted to the petitioners at Imlibhata are on a highly subsidised rate inasmuch as, out of total cost of Rs.1,85,000/-, they are required to pay only Rs.33,000/- which too is not to be deposited at once but in installments, therefore, the respondent Corporation or the State has not acted arbitrarily or capriciously to throw the petitioners on the streets to leave them in lurch.

¶487

Rather, the petitioners have stalled the project by raising a demand for providing the allotment at the present site only. The demand raised by the petitioners itself appears to be

¶488

¶489

arbitrary and egoist, inasmuch as the distance between the present location and Imlibhata is hardly one or two kilometers, therefore, it is not a case where the petitioners are thrown away to some remote location.

¶490

As a sequel, all the writ petitions are liable to be and are hereby dismissed. However, the petitioners may still avail the facility of obtaining allotment of house at Imlibhata or at any other project of similar nature wherein similar houses are ready for allotment by complying the terms of allotment within a period of one month from today.

¶491

There shall be no order as to costs. Sd/-

¶492

Judge

¶493

Prashant Kumar Mishra

¶494

Gowri

Mongra Bai and and Anr. v. State Of Chhattisgarh and Ors.

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Mongra Bai and and Anr. v. State Of Chhattisgarh and Ors.

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