Disposed

Jyoti Mogare and Ors. v. Union Of India and Ors.

Chhattisgarh HC28 Jan 2016WPC/810/2015

Case brief

AI extract

What is this about?

Occupants of Railway land sought protection from demolition and regularisation or alternative housing. The court disposed of the petitions, permitting eviction and demolition. Occupants could apply under Government housing schemes, but pending applications would not prevent eviction.

What did the court decide?

Liberty to apply for housing under Government schemes, subject to policy and availability; pending applications would not prevent eviction.

Jyoti Mogare and Ors. Vs Union Of India and… — Municipal and Town Planning | Chhattisgarh HC (2016)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPC No. 810 of 2015

¶5

Jyoti Mogare W/o Bhanwar Sen Mogare Aged About 32 Years Category- Scheduled Caste

¶6

Smt. Vibha Thapa W/o Sherpa Thapa Aged About 45 Years CategoryUnreserved

¶7

Smt. Chanda Mal Nepali W/o Deepak Mal Aged About 45 Years Category- Unreserved

¶8

Smt. Seema Devi Jha W/o Vivekanand Jha Aged About 38 Years Category- Unreserved.

¶9

Rekha Burade W/o Rakesh Burade Aged About 40 Years CategoryOther Backward Class

¶10

Santoshi Rao W/o Vijendra Rao Aged About 35 Years CategoryUnreserved

¶11

Sita Gupta W/o Parmatma Gupta Aged About 40 Years Category- Other Backwards Class

¶12

Janakdulari Bai W/o Bhuwaneshwar Verma Aged About 35 Years Category- Other Backwards Class

¶13

Madhvi Mogare W/o Sanju Mogare Aged About 35 Years CategoryScheduled Caste

¶14

Smt. Kavita Gautam W/o Ashok Kumar Gautam Aged About 25 Years Category- Scheduled Caste

¶15

Lata Awasthi W/o Mukesh Awasthi Aged About 33 Years CategoryUnreserved

¶16

B. Rajeshwari W/o B. Sunil Aged About 30 Years CategoryUnreserved

¶17

Saroj Ugrasen W/o Mangu Aged About 35 Years Category- Unreserved,

¶18

Shanti Bai Verma W/o Shammi Verma Aged About 65 Years CategoryOther Backward Class

¶19

Jashwanti Burade W/o Shriram Aged About 60 Years Category- Other Backward Class,

¶20

¶21

Manju Sonkar W/o Chhedi Sonkar Aged About 41 Years CategorySchedule Caste

¶22

Kiran Sonkar W/o Dharmendra Sonkar Aged About 35 Years CategoryScheduled Caste

¶23

Indu Bawari W/o Anurag Bawari Aged About 25 Years CategoryScheduled Caste

¶24

Munnibai Sonkar W/o Guddu Sonkar Aged About 60 Years CategoryScheduled Caste

¶25

Nagina Sonak W/o Indial Sonak Aged About 22 Years CategoryScheduled Caste

¶26

Gulachi Devi Sonkar W/o Lt. Chhedilal Aged About 52 Years CategoryScheduled Caste

¶27

Sakuntala Sahu W/o - Anil Kumar Sahu Aged About 35 Years CategoryOther Backward Class

¶28

Saira Begum W/o Lt. Sheru Aged About 45 Years Category- Other Backward Class

¶29

Lalita Nair W/o Radhakrishna Aged About 56 Years CategoryUnreserved

¶30

Renu Gurug W/o Rajesh Aged About 39 Years Category- Unreserved,

¶31

Anita Lal Sonkar W/o Vijay Lal Sonkar Aged About 35 Years CategoryScheduled Caste

¶32

Shayani Gurug W/o I.S. Gurug Aged About 52 Years CategoryUnreserved

¶33

Amrit Verma W/o Mannu Verma Aged About 40 Years Category- Other Backward Class

¶34

Savitri Sonkar W/o Babbu Aged About 40 Years Category- Scheduled Caste

¶35

Munni W/o Jeetu Aged About 35 Years Category- Other Backward Class

¶36

Suraya Thakur W/o Kanwar Singh Aged About 50 Years CategoryUnreserved

¶37

Sushmita Sahu W/o S.K. Sahu Aged About 30 Years CategoryUnreserved

¶38

¶39

Pushpa Devi Satnami W/o Lt. Ashok Kumar Aged About 35 Years Category- Scheduled Caste

¶40

Manju Yadav W/o Balwant Yadav Aged About 32 Years CategoryOther Backward Class

¶41

Ratnadevi W/o Doman Ram Aged About 53 Years CategoryUnreserved

¶42

Monadevi Sonkar W/o Rinku Sonkar Aged About 32 Years CategoryScheduled Caste

¶43

B. Hemlata W/o B.B.N. Patnaik Aged About 54 Years CategoryUnreserved

¶44

Usha Singh W/o Lavkumar Singh Aged About 28 Years CategoryUnreserved

¶45

Meena Bai Kurmi W/o Gangu Aged About 40 Years Category- Other Backward Class

¶46

Barkha Kunwar W/o Jugesh Kunwar Aged About 25 Years CategoryScheduled Caste

¶47

Punam Kori W/o Manoj Kumar Kori Aged About 24 Years CategoryOther Backward Class

¶48

Maheshiya Nishad W/o Rohit Nishad Aged About 26 Years CategoryOther Backward Class

¶49

Ganeshiya Nishad W/o Sewak Aged About 45 Years Category- Other Backward Class

¶50

Saraswati Netam W/o Barsat Netam Aged About 40 Years CategoryScheduled Tribe

¶51

Kiran Singh W/o Giriraj Singh Aged About 40 Years CategoryUnreserved

¶52

Maya Bai W/o Sitaram Aged About 60 Years Category- Scheduled Tribe

¶53

Namita Patro W/o G. Gurmati Patro Aged About 33 Years CategoryUnreserved

¶54

Savitri Kori W/o Shivprasad Aged About 55 Years Category- Other Backward Class

¶55

Bhanu Upadhyay W/o Lt. Bhukhand Upadhyay Aged About 70 Years

¶56

¶57

Category- Unreserved

¶58

1. Sumari Sonkar W/o Samarjit Aged About 50 Years Category- Other Backward Class

¶59

1. Pardeshanin Lodhi W/o Koduram Lodhi Aged About 50 Years Category- Other Backward Class

¶60

Sarita Chauhan W/o Ramuram @ Ramprasad Aged About 42 Years Category- Scheduled Caste

¶61

Krishnabai W/o Gopal Aged About 50 Years Category- Scheduled Caste 54. Tara Soni W/o Pardehsi Soni Aged About 31 Years Category- Other Backward Class

¶62

Sakun Bai Yadav W/o Beshakhu Yadav Aged About 45 Years CategoryOther Backward Class

¶63

Jyoti Kori W/o Jawahar Kori Aged About 53 Years Category- Other Backward Class

¶64

Shashi Yadav W/o Ramsevak Aged About 25 Years Category- Other Backward Class

¶65

Parvati Chauhan W/o Satyaprakash Chauhan Aged About 48 Years Category- Scheduled Caste

¶66

Pyari Bai Sahu W/o Guluram Sahu Aged About 32 Years CategoryOther Backward Class

¶67

Shivranjani Biriya W/o Ramkumar Beirya Aged About 27 Years Category- Unreserved

¶68

Sarla W/o Bhola Aged About 45 Years Category- Scheduled Caste

¶69

Surajprasad Kunwar S/o Mithailal Aged About 60 Years CategoryScheduled Caste

¶70

Satish Kumar Gautam S/o Kishanlal Aged About 40 Years CategoryScheduled Caste

¶71

Sakun Bai W/o C.B. Rai Aged About 40 Years Category- Unreserved

¶72

Savitri Sonkar W/o Rajkumar Aged About 50 Years CategoryScheduled Caste

¶73

Sumitra Sonkar W/o Lalchand Aged About 61 Years CategoryScheduled Caste

¶74

¶75

67. Sunil S/o Gunadhar Aged About 50 Years Category- Unreserved,

¶76

All the petitioners are R/o Bapu Up-Nagar, Railway Area, Ward No. 64, Bilaspur, Police Station Torwa, Tahsil Bilaspur District- Bilaspur, Chhattisgarh.

¶77

---- Petitioner

¶78

Versus

¶79

Union Of India Through Secretary Department Of Railway Mantralaya Naya Raipur, Chhattisgarh.

¶80

General Manager, South Eastern Central Railway Bilaspur- Division Bilaspur, Chhattisgarh.

¶81

Senior Sub-Divisional Engineer (Works) South Eastern Central Railway Bilaspur- Division Distt- Bilaspur Chhattisgarh

¶82

Senior Sub-Divisional Engineer (Awash) South Eastern Central Railway Bilaspur- Division Distt- Bilaspur, Chhattisgarh.

¶83

Commissioner, Municipal Corporation Bilaspur Distt- Bilaspur, Chhattisgarh

¶84

Station House Officer, Police Station- Torwa Distt- Bilaspur, Chhattisgarh

¶85

Divisional Railway Manager South Eastern Central Railway BilaspurDivision Distt- Bilaspur, Chhattisgarh

¶86

State Of Chhattisgarh, Through The Secretary, Department Of Urban Administrative, Mantralaya, Naya Raipur, Chhattisgarh

¶87

9. Collector, District Bilaspur, Chhattisgarh

¶88

---- Respondent

¶89

And

¶90

WPC No. 1893 Of 2015

¶91

Sarla Beriya W/o Shri Sanoj Beriya, Aged About 27 Years Category Scheduled Caste

¶92

Chaitlal Khare, S/o Sukhlal Khare, Aged About 64 Years Category Scheduled Caste

¶93

Fulbai Mahettar, Wd/o Late Babulal, Aged About 60 Years Category

¶94

¶95

Scheduled Caste

¶96

Rita Khare W/o Shekhar Khare, Aged About 35 Years Category Scheduled Caste

¶97

Rani Hadleskar, W/o Anand Hadleskar, Aged About 26 Years Category Scheduled Caste

¶98

Sita Hathgen, W/o Bharat, Aged About 22 Years Category Scheduled Caste

¶99

Kanta Samudre W/o Saman Samudre, Aged About 32 Years Category Scheduled Caste

¶100

Rukhmani Mogrel, Wd/o Late Shekhar Mogrel, Aged About 65 Years Category Scheduled Caste

¶101

Rajesh Chouhan, S/o Banshi Lal Chouhan, Aged About 43 Years Category Scheduled Caste

¶102

Soni Pangare, W/o Dinesh Pangare, Aged About 23 Years Category Scheduled Caste

¶103

Laxmi W/o Mahendra, Aged About 30 Years Category Scheduled Caste

¶104

Sunita Paliyar, W/o Vijay Paliyar, Aged About 35 Years Category Scheduled Caste

¶105

Chandani Nanhet, W/o Sunil Aged About 25 Years Category Scheduled Caste

¶106

Ajit Lalpure, S/o Balkumar Lalpure, Aged About 28 Years Category Scheduled Caste

¶107

Neeta Khurshel, W/o Narendra, Aged About 40 Years Category Scheduled Caste

¶108

Vidya Tambe, W/o Sikandar, Aged About 45 Years Category Scheduled Caste

¶109

Shaila Beriya, W/o Amit Beriya, Aged About 23 Years Category Scheduled Caste

¶110

Bhura Lalpure, S/o Rajkumar, Aged About 25 Years Category Scheduled Caste

¶111

Sumant Chutel, S/o Radhe Lal Chutel, Aged About 24 Years Category Scheduled Caste

¶112

¶113

Radhe Lal Chutel, S/o Prem Lal, Aged About 39 Years Category Scheduled Caste

¶114

Arti Mogrel, W/o Amit Mogrel, Aged About 23 Years Category Scheduled Caste

¶115

Manisha Bakshel, W/o Bablu Bakshel, Aged About 26 Years Category Scheduled Caste

¶116

Sangeeta Chouhan, W/o Rajesh Chouhan, Aged About 28 Years Category Scheduled Caste

¶117

Saruna Beriya, W/o Shivnath, Aged About 41 Years Category Scheduled Caste

¶118

Savitri Pangare, W/o Mohan, Aged About 31 Years Category Scheduled Caste

¶119

Vashu Sarvari, S/o S.V. Bhagwan, Das Sarvari, Aged About 33 Years Category Scheduled Caste

¶120

Pooja Samudre, W/o Shiv Samudre, Aged About 24 Years Category Scheduled Caste

¶121

Roopa Beriya, W/o Amardip, Aged About 22 Years Category Scheduled Caste

¶122

Jasmin Nanhet, W/o Kishan Nanhet, Aged About 26 Years Category Scheduled Caste

¶123

Sunita Chouhan, W/o Durgesh Chouhan, Aged About 30 Years Category Scheduled Caste

¶124

Radhika Shaktel, W/o Sanjeet Shaktel, Aged About 26 Years Category Scheduled Caste

¶125

Sudish Kumar S/o Harilal, Aged About 35 Years Category Scheduled Caste

¶126

Naresh Lalpure, S/o Lavlal Lalpure, Aged About 25 Years Category Scheduled Caste

¶127

Sheela Lalpure W/o Kushal, Aged About 39 Years Category Scheduled Caste

¶128

Neetu Lalpure, W/o Neeraj Lalpuure, Aged About 25 Years Category Scheduled Caste

¶129

Rinky Chouhan W/o Chaman Chouhan, Aged About 28 Years Category

¶130

¶131

Scheduled Caste

¶132

Moni Sujata Bakshel, W/o Sani Bakshel, Aged About 21 Years Category Scheduled Caste

¶133

Bharti Bakshel, W/o Sudarshan Bakshel, Aged About 37 Years Category Scheduled Caste

¶134

Durga Chimote, W/o Pratap Singh Chimote, Aged About 32 Years Category Scheduled Caste

¶135

Swati Bakshel, W/o Mahesh Bakshel, Aged About 40 Years Category Scheduled Caste

¶136

Suman Chimote, W/o Bharat Chimote, Aged About 20 Years Category Scheduled Caste

¶137

Laxmi Malik, W/o Vinod Malik, Aged About 35 Years Category Scheduled Caste

¶138

Satish Chouhatha, S/o Jagdhari Chouhatha, Aged About 41 Years Category Scheduled Caste,

¶139

Durga Hathgen, W/o Lakhan Hathgen, Aged About 22 Years Category Scheduled Caste,

¶140

Anju Mongre, W/o Satish Mongre, Aged About 27 Years Category Scheduled Caste,

¶141

Asha Mahto, W/o Prateek Mahto Aged About 25 Years Category Scheduled Caste,

¶142

Sarika Lalpure, W/o Ravi Lalpure, Aged About 22 Years Category Scheduled Caste,

¶143

Madan Lalpure, S/o Sukhlal, Aged About 42 Years Category Scheduled Caste,

¶144

Savitri Bakshel, W/o Ishwar Bakshel, Aged About 55 Years Category Scheduled Caste,

¶145

Vikash Bakshel, S/o Ishwar Bakshel, Aged About 25 Years Category Scheduled Caste,

¶146

Shobha Beriya, S/o Santosh Beriya, Aged About 21 Years Category Scheduled Caste,

¶147

Reshma Samudre, W/o Badal Samudre, Aged About 27 Years Category Scheduled Caste,

¶148

¶149

Nisha Mahto, W/o Rajesh Mahto, Aged About 33 Years Category Scheduled Caste,

¶150

Shanti Karihar, W/o Rakesh Karihar, Aged About 27 Years Category Scheduled Caste,

¶151

Soni Bai Karihar W/o Bhura, Karihar, Aged About 30 Years Category Scheduled Caste,

¶152

Chandani Bai, W/o Arun, Aged About 22 Years Category Scheduled Caste,

¶153

Raj Prahlad, S/o Shri Prahlad, Aged About 45 Years Category Scheduled Caste,

¶154

Urmila Bai W/o Kamal Malik, Aged About 38 Years Category Scheduled Caste,

¶155

Nisha Samudre, W/o Sahil Samudre, Aged About 23 Years Category Scheduled Caste,

¶156

Swarnlata, W/o Yashwant, Aged About 35 Years Category Scheduled Caste,

¶157

Shimla Bai W/o Rajuman, Aged About 39 Years Category Scheduled Caste,

¶158

Anita Kumari, D/o Banwari, Aged About 40 Years Category Scheduled Caste,

¶159

Rekha Baxre, W/o Parash, Aged About 35 Years Category Scheduled Caste,

¶160

Sangeeta Hathgen, D/o Late Pap Hathgen, Aged About 30 Years Category Scheduled Caste,

¶161

Geeta Bai, W/o Omprakash, Aged About 28 Years Category Scheduled Caste,

¶162

Santoshi Chouhan, W/o Anand Chouhan, Aged About 30 Years Category Scheduled Caste,

¶163

Rita Tambe, W/o Pawan Kumar Tambe, Aged About 30 Years Category Scheduled Caste,

¶164

Geeta Bai, W/o Rameshwar Sweeper, Aged About 20 Years Category Scheduled Caste,

¶165

Shakuntala Bai, W/o Lav Lal, Aged About 37 Years Category

¶166

¶167

Scheduled Caste,

¶168

Jayanti Khare, W/o Ashok Khare, Aged About 32 Years Category Scheduled Caste,

¶169

Kalka Hathgen, D/o Mahipal Hathgen, Aged About 32 Years Category Scheduled Caste,

¶170

Sunita Bai Rane, W/o Rajesh Rane, Aged About 35 Years Category Scheduled Caste,

¶171

Sangeeta Maruwa, W/o Gautam Maruwa, Aged About 31 Years Category Scheduled Caste,

¶172

Vimla Maruwa W/o Late Ramprasad, Aged About 58 Years Category Scheduled Caste,

¶173

Nilesh Kumar Mahto, S/o Praksh Mahto Aged About 30 Years Category Scheduled Caste,

¶174

Nirmala Bai Mahettar, W/o Dayaram, Aged About 50 Years Category Scheduled Caste,

¶175

Kiran Hatkeshwar, W/o Yogendra Hatkeshwar, Aged About 24 Years Category Scheduled Caste,

¶176

Roshni, W/o Virendra Kumar, Aged About 28 Years Category Scheduled Caste,

¶177

Shivrani Rakshel, W/o Tilak, Aged About 45 Years Category Scheduled Caste,

¶178

Kajal Mongrel, W/o Anand Mongrel, Aged About 30 Years Category Scheduled Caste,

¶179

Prahlad Pahuchel, S/o Shivprasad Pahuchel, Aged About 40 Years Category Scheduled Caste,

¶180

Nini Bai Mahettar, Wd/o Late Vimal Babu, Aged About 30 Years Category Scheduled Caste,

¶181

Sangeeta Hatkeshwar, W/o Shailendra Hatkeshwar, Aged About 27 Years Category Scheduled Caste,

¶182

Chandani Beriya, D/o Umesh Beriya, Aged About 20 Years Category Scheduled Caste,

¶183

Jyoti Hathgen, W/o Santosh Kumar Hathgen, Aged About 26 Years Category Scheduled Caste,

¶184

¶185

Mala Chouhan, W/o Satish Chouhan, Aged About 30 Years Category Scheduled Caste,

¶186

Rajmati Karihar, W/o Rajendra Karihar, Aged About 39 Years Category Scheduled Caste,

¶187

Sandhya Hathgen, W/o Kamlesh Hathgen Aged About 30 Years Category Scheduled Caste,

¶188

Sangram Singh Lalpure, S/o Mahesh Lalpure, Aged About 26 Years Category Scheduled Caste,

¶189

Arun Kumar Lalpure, S/o Mahesh Lalpure, Aged About 33 Years Category Scheduled Caste,

¶190

Kanti Devi, W/o Mahesh, Aged About 45 Years Category Scheduled Caste,

¶191

Jyoti Mangre, W/o Balla, Aged About 30 Years Category Scheduled Caste,

¶192

Rekha Samudre, W/o Vikas Samudre, Aged About 28 Years Category Scheduled Caste,

¶193

Laxmi Beriya W/o Sudhir Kumar Beriya, Aged About 29 Years Category Scheduled Caste,

¶194

Neha Beriya W/o Radhe Beriya Aged About 20 Years Category Scheduled Caste,

¶195

Shital Raghuvanshi, W/o Deepu Raghuvanshi, Aged About 25 Years Category Scheduled Caste,

¶196

Rani Bai, W/o Gajanand, Aged About 34 Years Category Scheduled Caste,

¶197

Malka Samudre, W/o Jagdev Samudre, Aged About 39 Years Category Scheduled Caste,

¶198

Mamta Beriya, W/o Sanju Beriya Aged About 30 Years Category Scheduled Caste,

¶199

100.Sarita Kalsaha, W/o Raj, Aged About 18 Years Category Scheduled Caste,

¶200

101.Smt. Rampyari, W/o Late Bhangi Hatgen, Aged About 60 Years Category Scheduled Caste,

¶201

102.Akash, S/o Late Krishna, Aged About 19 Years Category Scheduled

¶202

¶203

Caste,

¶204

103.Chhoti Bai Mahettar, W/o Late Krishna, Aged About 45 Years Category Scheduled Caste,

¶205

104.Kavita Mangrel, W/o Devkumar Mangrel, Aged About 34 Years Category Scheduled Caste,

¶206

105.Suhagini, W/o Rooplal, Aged About 40 Years Category Scheduled Caste,

¶207

106.Rajesh Mahto, S/o Kamal Singh Mahto, Aged About 39 Years Category Scheduled Tribe

¶208

107.Laxmi Saktel, W/o Santosh Saktel, Aged About 36 Years Category Scheduled Caste,

¶209

108.Uma Bai Khudisha, W/o Laxman, Aged About 51 Years Category Scheduled Caste,

¶210

109.Sunita Malik, W/o Satyawan Malik, Aged About 30 Years Category Scheduled Caste,

¶211

110.Kaushliya Baldev, Wd/o Late Jogendra, Aged About 27 Years Category Scheduled Caste,

¶212

111.Rameshwari Maruwa, W/o Santosh Maruwa, Aged About 37 Years Category Scheduled Caste,

¶213

112.Shewta Hathgen, W/o Bapi Hathgen, Aged About 20 Years Category Scheduled Caste,

¶214

113.Rahul Pahuchel, S/o Prahlad, Pahuchel, Aged About 22 Years Category Scheduled Caste,

¶215

114.Vimla Bai, Wd/o Shoukilal Lalpure, Aged About 55 Years Category Scheduled Caste,

¶216

115.Vimal Langade, S/o Sadan Langade, Aged About 20 Years Category Scheduled Caste,

¶217

116.Guddi Mongrel, W/o Sudesh Mongrel, Aged About 30 Years Category Scheduled Caste,

¶218

117.Rani Bai Nanhet, W/o Laxmi Prasad, Aged About 29 Years Category Scheduled Caste,

¶219

118.Savitri Hatleshkar, W/o Kailash Hatleshkar, Aged About 30 Years Category Scheduled Caste,

¶220

¶221

119.Pinky Mongre, W/o Sushil Mongre, Aged About 28 Years Category Scheduled Caste,

¶222

120.Prakash, S/o Vishali Mongre, Aged About 60 Years Category Scheduled Caste,

¶223

121.Sunil Mongrel, S/o Prakash Mongrel, Aged About 35 Years Category Scheduled Caste,

¶224

122.Bharti Baxel, W/o Laxmikant Baxel, Aged About 26 Years Category Scheduled Caste,

¶225

123.Shani Hathgen, S/o Babu Lal Hathgen, Aged About 24 Years Category Scheduled Caste,

¶226

124.Nisha Nanhet, W/o Hemraj, Aged About 26 Years Category Scheduled Caste,

¶227

125.Priya Khurshel, W/o Tilak Khurshel, Aged About 23 Years Category Scheduled Caste,

¶228

126.Chandan Khurshel, S/o Madan Lal Khurshel, Aged About 30 Years Category Scheduled Caste,

¶229

127.Chhaya Kuchwaha, W/o Akash Kuchwaha, Aged About 25 Years Category Scheduled Caste,

¶230

128.Arti Sukhdan, W/o Raja, Aged About 31 Years Category Scheduled Caste,

¶231

129.Shanti Baheliya, W/o Mahesh Baheliya, Aged About 30 Years Category Scheduled Caste,

¶232

130.Sharda Kalsaha, W/o Tilak, Aged About 21 Years Category Scheduled Caste,

¶233

131.Sharda Beriya, W/o Prakash Beriya, Aged About 35 Years Category Scheduled Caste,

¶234

132.Sandhya Nanhet, W/o Lekhraj Nanhet, Aged About 28 Years Category Scheduled Caste,

¶235

133.Umesh Samudre, S/o Rajaram Samudre, Aged About 33 Years Category Scheduled Caste,

¶236

134.Sharda Karihar, W/o Rajesh Karihar, Aged About 30 Years Category Scheduled Caste,

¶237

135.Sheela Bai Khurshel, W/o Manoj Khurshel, Aged About 40 Years

¶238

¶239

Category Scheduled Caste,

¶240

136.Mamta Kunde, W/o Late Dev Kunde, Aged About 30 Years Category Scheduled Caste,

¶241

137.Sajo Hathgen, W/o Sagar, Aged About 26 Years Category Scheduled Caste,

¶242

138.Anju Dakha, W/o Raju Dakha, Aged About 27 Years Category Scheduled Caste,

¶243

139.Sona Mahettar, W/o Bharat Birda, Aged About 35 Years Category Scheduled Caste,

¶244

140.Roshni Khare, W/o Uttam Khare, Aged About 30 Years Category Scheduled Caste,

¶245

141.Pushpa Mahettar, W/o Sudesh, Aged About 30 Years Category Scheduled Caste,

¶246

142.Smt. Rita Khudsha, W/o Ajay Khudhsa, Aged About 37 Years Category Scheduled Caste,

¶247

143.Madhuri Chouhan, Wd/o Late Madan Chouhan, Aged About 38 Years Category Scheduled Caste,

¶248

144.Karuna Beriya, W/o Sujit Beriya, Aged About 30 Years Category Scheduled Caste,

¶249

145.Ritu Barman, W/o Gajendra, Barman, Aged About 26 Years Category Scheduled Caste,

¶250

146.Kavita Sangram, W/o Subhash Sangram, Aged About 30 Years Category Scheduled Caste,

¶251

147.Nisha Khurshel, W/o Sanjay Khurshel, Aged About 24 Years Category Scheduled Caste,

¶252

148.Savitri Bai Beriya W/o Rameshwar Beriya, Aged About 28 Years Category Scheduled Caste,

¶253

149.Kishan Khare, S/o Late Madan Lal Khare, Aged About 30 Years Category Scheduled Caste,

¶254

150.Sangeeta Malik W/o B.L. Malik, Aged About 23 Years Category Scheduled Caste,

¶255

151.Deepmala Panna, W/o Pramod Panna, Aged About 32 Years Cast Scheduled Tribe,

¶256

¶257

152.Nisha Mahto, W/o Sujit Mahto, Aged About 25 Years Cast Scheduled Tribe,

¶258

153.Meera Bai Kaushal, W/o Suresh Kaushal, Aged About 25 Years Category Scheduled Caste,

¶259

154.Amit Chouhan, S/o Dhanram Chouhan, Aged About 27 Years Category Scheduled Caste,

¶260

155.Saroj Malik, W/o Santosh Malik, Aged About 40 Years Category Scheduled Caste,

¶261

156.Meena Malik, W/o Santlal Malik, Aged About 35 Years Category Scheduled Caste,

¶262

157.Sarita Sipahi, W/o Ajay Sipahi, Aged About 51 Years Category Scheduled Caste,

¶263

158.Monee Chouhan W/o Dev Chouhan, Aged About 28 Years Category Scheduled Caste,

¶264

159.Barkha Malik, W/o Shanker Malik Aged About 30 Years Category Scheduled Caste,

¶265

160.Gujjo Khurshel, W/o Budhram Khurshel, Aged About 48 Years Category Scheduled Caste,

¶266

161.Rekha Beriya, W/o Omnath Beriya, Aged About 38 Years Category Scheduled Caste,

¶267

162.Triveni Khurshel, W/o Ravi Khurshel, Aged About 25 Years Category Scheduled Caste,

¶268

163.Sanno Kumari Mahettar, Wd/o Late Jagat. Aged About 30 Years Category Scheduled Caste,

¶269

164.Reshma Malik W/o Kishore Malik, Aged About 35 Years Category Scheduled Caste,

¶270

165.Geeta Bai W/o Chhedi Lal, Aged About 35 Years Category Scheduled Caste,

¶271

166.Muskan Rajput, S/o Gautam Rajput, Aged About 20 Years Category Scheduled Caste,

¶272

167.Reena Hathgen, W/o Gopi Hathgen, Aged About 32 Years Category Scheduled Caste,

¶273

168.Shrikant Chitol, S/o Chandrakant, Chitol, Aged About 27 Years

¶274

¶275

Category Scheduled Caste,

¶276

169.Deepak Samudre, S/o Laxman Samudre, Aged About 33 Years Category Scheduled Caste,

¶277

170.Sukko Bai Bakshel, Wd/o Late Panna Lal, Aged About 55 Years Category Scheduled Caste,

¶278

171.Shabnam Berman, W/o Vishal Berman, Aged About 19 Years Category Scheduled Caste,

¶279

172.Santoshi Rana, W/o Manoj Rana, Aged About 34 Years Category Scheduled Caste,

¶280

173.Durga Kumari, W/o T.B. Rana, Aged About 24 Years Category Scheduled Caste,

¶281

174.Anish Kumar, S/o Suresh Chand, Aged About 23 Years Category Scheduled Caste,

¶282

175.Bablu Samudre, S/o Ratiwa Lal Samudre, Aged About 35 Years Category Scheduled Caste,

¶283

176.Rinky, D/o Jagdish, Aged About 23 Years Category Scheduled Caste,

¶284

177.Sitara Baksheriya, W/o Suraj Baksheriya, Aged About 27 Years Category Scheduled Caste,

¶285

178.Beena Hathgen W/o Sunil Hathgen, Aged About 47 Years Category Scheduled Caste,

¶286

179.Kalyani Bai, W/o Prabhat Kumar, Aged About 41 Years Category Scheduled Caste,

¶287

180.Rehana Begam, W/o Sheikh Salim, Aged About 43 Years Category Scheduled Caste,

¶288

181.Sundari Bai, W/o Papa, Aged About 65 Years Category Scheduled Caste,

¶289

182.Shahnaz Begam, W/o Munna Khan, Aged About 29 Years Category Scheduled Caste,

¶290

183.Geeta Beriya, W/o Dhaneshwari Beriya, Aged About 37 Years Category Scheduled Caste,

¶291

184.Anita Sahu, W/o Kapil, Aged About 40 Years Category O B C,

¶292

185.Sandeep Beriya, W/o Prakash Beriya, Aged About 27 Years Category

¶293

¶294

Scheduled Caste,

¶295

186.Kamla Bai Rajput, W/o Santosh Rajput, Aged About 45 Years Category Scheduled Caste,

¶296

187.Sunita Bai Painika, W/o Santi Das , Aged About 35 Years Category Scheduled Caste,

¶297

188.Fagni Bai Tiwari, W/o Hemkumar Tiwari, Aged About 32 Years Category Scheduled Caste,

¶298

189.Urmila Yadav, W/o Laxman Yadav, Aged About 45 Years Category O.B.C.

¶299

190.Fulbai Yadav, W/o Sukhdev Ram, Aged About 45 Years Category O.B.C.

¶300

191.Ajit Kumar Lalpure, W/o Late Sukhdev Lalpure, Aged About 40 Years Category Scheduled Caste,

¶301

192.Sangeeta Yadav, W/o Sonu Yadav, Aged About 22 Years Category O.B.C.

¶302

193.Laxmi Sonkar, W/o Rambharosh, Aged About 31 Years Category Scheduled Caste,

¶303

194.Yogesh Kumar Lalpure, S/o Rajkumar Lalpure, Aged About 20 Years Category Scheduled Caste,

¶304

195.Poonam Sonkhare, W/o Bablu, Aged About 29 Years Category Scheduled Caste,

¶305

196.Poonam Sharma, W/o Dinesh Sharma, Aged About 23 Years Category Unreserved,

¶306

197.Pushpa Maravi , W/o Bhagwan, Singh Maravi, Aged About 30 Years Category Scheduled Caste,

¶307

198.Beena Parihar, W/o Parvesh Parihar, Aged About 23 Years Category Scheduled Caste,

¶308

199.Rajkumari Yadav, W/o Ajay Yadav, Aged About 30 Years Category O.B.C.

¶309

200.Anupa Dhruv, W/o Ramesh, Aged About 26 Years Category Scheduled Caste,

¶310

201.Ramkali Porte, W/o Santosh Porte, Aged About 41 Years Category Scheduled Caste,

¶311

¶312

202.Gangashri Yadav, W/o Narendra, Yadav, Aged About 25 Years Category O.B.C.

¶313

203.Manda Samudre, W/o Sachin Samudre, Aged About 25 Years Category Scheduled Caste,

¶314

204.Kumari Yadav, W/o Gopal Yadav, Aged About 45 Years Category O.B.C.

¶315

205.Rakhi Bakshel, W/o Bantu Bakshel, Aged About 29 Years Category Scheduled Caste,

¶316

206.Sangini Bai Kaushal, W/o Tikaram Kaushal, Aged About 65 Years Category Scheduled Caste,

¶317

207.Nirmala Nishad, W/o Asharam, Aged About 45 Years Category O B C,

¶318

208.Surekha Nishad, W/o Raja Nishad, Aged About 20 Years Category O B C,

¶319

209.Laxmi Bai, W/o Rajesh Samudre, Aged About 35 Years Category Scheduled Caste,

¶320

210.Nanda Khurshel, W/o Vishal Khurshel, Aged About 20 Years Category Scheduled Caste,

¶321

211.Sushila Kalsha, Wd/o Gop Kalsha, Aged About 55 Years Category Scheduled Caste,

¶322

212.Sangeeta Janokar W/o Raja Janokar, Aged About 32 Years Category Scheduled Caste,

¶323

213.Dali Manhare, W/o Bhanu Pratap Manhare, Aged About 24 Years Category Scheduled Caste,

¶324

214.Maya Bai Jalkashtri, W/o Lakhan, Aged About 40 Years Category Scheduled Caste,

¶325

215.Jaishri Samudre W/o Sagar Samudre, Aged About 26 Years Category Scheduled Caste,

¶326

216.Rampyari Nishad W/o Patikumar, Aged About 50 Years Category O B C.,

¶327

217.Manju Lata Sahu W/o Amit Sahu, Aged About 29 Years Category O B C.,

¶328

218.Rani Berman W/o Amit Kumar Berman, Aged About 30 Years Category Scheduled Caste,

¶329

¶330

219.Varsha Lahri W/o Shailendra Lahri, Aged About 23 Years Category Scheduled Caste,

¶331

220.Chinta Bai Kewat W/o Shivram Bind, Aged About 65 Years Category Scheduled Caste,

¶332

221.Arti Chouhan W/o Umesh Chouhan, Aged About 23 Years Category Scheduled Caste,

¶333

222.Fulbai Yadav W/o Tirath Yadav, Aged About 60 Years Category O B C.,

¶334

223.Maya Bai Mahettar W/o Udal Kumar, Aged About 58 Years Category Scheduled Caste,

¶335

224.Shyam Bai W/o Bablu Sarthi, Aged About 45 Years Category Scheduled Caste,

¶336

225.Usha Jana W/o Gokul Jana, Aged About 40 Years Category Scheduled Caste,

¶337

226.Moushmi Grayakar W/o Niraj Garayakar, Aged About 25 Years Category Scheduled Caste,

¶338

227.Sushmita Kumhle W/o Santosh Kumhle, Aged About 32 Years Category Scheduled Caste,

¶339

228.Manti Mogre W/o Chandrasen Mongre, Aged About 49 Years Category Scheduled Caste,

¶340

229.Geeta Patre Wd/o Late Umraon, Aged About 65 Years Category Scheduled Caste,

¶341

230.Vinita Baghmare W/o Santosh Baghmare, Aged About 25 Years Category Scheduled Caste,

¶342

231.Laxmi Das W/o Bapi Das, Aged About 32 Years Category Scheduled Caste,

¶343

232.Sandhya Bai W/o Niranjan Jana, Aged About 62 Years Category Scheduled Caste,

¶344

233.Gouri Kaushal W/o Vinod Kumar Kaushal, Aged About 23 Years Category Scheduled Caste,

¶345

234.Genda Bai Sahu W/o Angad Sahu, Aged About 35 Years Category O B C,

¶346

235.Fulbai Manikpuri W/o Anand Das Manikpuri, Aged About 60 Years Category Scheduled Caste,

¶347

¶348

236.Ganeshiya Das Manikpuri W/o Naresh, Aged About 26 Years Category Scheduled Caste,

¶349

237.Lata Bai W/o Vicky Birha, Aged About 20 Years Category Scheduled Caste,

¶350

238.Bhuneshwar Kori S/o Late Ramcharan, Aged About 50 Years Category Scheduled Caste,

¶351

239.Mithlesh Singh Thakur S/o Rajbahadur Singh, Aged About 50 Years Category Scheduled Caste,

¶352

240.Meera Bai Kaushal W/o Suresh Kaushal, Aged About 25 Years Category Scheduled Caste,

¶353

241.Dilip Yadav W/o Kanhar Yadav, Aged About 20 Years Category O B C,

¶354

242.Bisnonain Yadav W/o Kanha Ram Yadav, Aged About 55 Years Category O B C,

¶355

243.Priti Sonkhare W/o Devendra Khare, Aged About 24 Years Category Scheduled Caste,

¶356

244.Godawari Yadav W/o Mundu Yadav, Aged About 70 Years Category O B C,

¶357

245.Arti Patro W/o Ramo Patro, Aged About 20 Years Category Scheduled Caste,

¶358

246.Rani Manikpuri W/o Kanhaiya Manikpuri, Aged About 25 Years Category O B C,

¶359

247.Rajkumari Manikpuri W/o Nanki, Aged About 40 Years Category O B C,

¶360

248.Munni Bai Yadav W/o Ashok Yadav, Aged About 45 Years Category O B C,

¶361

249.Meera Nishad W/o Bharat Nishad, Aged About 20 Years Category O B C,

¶362

250.Sonam Bai Nishad W/o Mohan, Aged About 26 Years Category O B C,

¶363

251.Durpati Nishad W/o Rewa Ram, Aged About 50 Years Category O B C,

¶364

252.Kaushliya Bai Nishad W/o Manrakhan Nishad, Aged About 35 Years Category O B C,

¶365

253.Laxmi Bai Nishad W/o Indar Kumar, Aged About 30 Years Category O

¶366

¶367

B C,

¶368

254.Gwalin Bai Mahra W/o Kapa Ram, Aged About 50 Years Category Scheduled Caste,

¶369

255.Rina Khudsha W/o Anil Khudsha, Aged About 30 Years Category Scheduled Caste,

¶370

256.Kamla Bai Gramkar W/o Bhola Gramkar, Aged About 55 Years Category Scheduled Caste,

¶371

257.Sunil Chouhan S/o Yashwant Chouhan, Aged About 26 Years Category Scheduled Caste,

¶372

258.Shanker Chouhan S/o Yashwant, Aged About 38 Years Category Scheduled Caste,

¶373

259.Aruna Mongre W/o Jyotish, Aged About 35 Years Category Scheduled Caste,

¶374

260.Sagili Samudre W/o Jeewan Samudre, Aged About 27 Years Category Scheduled Caste,

¶375

261.Saroj Khaparde W/o Chinta Ram, Aged About 55 Years Category Scheduled Caste,

¶376

262.Sarika Bairsal S/o Vishal Barisal, Aged About 25 Years Category Scheduled Caste,

¶377

263.Maina Bai W/o Samay Lal, Aged About 45 Years Category Scheduled Caste,

¶378

264.Savita Baxel W/o Sachin Baxel, Aged About 25 Years Category Scheduled Caste,

¶379

265.Guddi Baxel W/o Sohan, Aged About 31 Years Category Scheduled Caste,

¶380

266.Hema Kariyar W/o Amit Kariyar, Aged About 23 Years Category Scheduled Caste,

¶381

267. Vandana Berha W/o Subhash Berha, Aged About 22 Years Category Scheduled Caste,

¶382

All are R/o Bapu Up Nagar, Ward No. 64, Budhwari Bazar, Bilaspur, Tahsil And District Bilaspur Chhattisgarh

---- Petitioner

Union Of India Through Secretary Department Of Railway New Delhi India

¶387

General Manager, South Eastern Central Railway, Bilaspur Division, Bilaspur Chhattisgarh

¶388

Senior Sub Divisional Engineer, (Works), South Eastern Central Railway, Bilaspur Division, District Bilaspur Chhattisgarh

¶389

Senior Sub Divisional Engineer, (Awash, South Eastern Central Railway, Bilaspur Division District Bilaspur Chhattisgarh

¶390

Commissioner, Municipal Corporation Bilaspur District Bilaspur Chhattisgarh

¶391

Station House Officer, Police Station Torwa, District Bilaspur Chhattisgarh

¶392

Divisional Railway Manager, South Eastern Central Railway, Bilaspur Division, Bilaspur Chhattisgarh

¶393

State Of Chhattisgarh, Through The Secretary, Department Of Urban Administration Mahandi Bhavan Mantralaya New Raipur Chhattisgarh

¶394

9. Collector, Bilaspur, District Bilaspur Chhattisgarh

¶395

---- Respondent

¶396

For Petitioners : Shri Kishore Narayan, Advocate. For Respondent No.1 : Shri NKVyas, ASG. For Respondents 2, 3, 4 & 7 : Shri Abhishek Sinha, Advocate. For Respondent No.5 : Shri A.S. Kachhawaha, Advocate. For Respondent/State : Shri Arun Sao, Deputy Advocate General.

¶397

Hon'ble Shri Justice Prashant Kumar Mishra

¶398

C A V Order

¶399

Passed on : 28/01/2016

¶400

In these two writ petitions filed under Article 226 of the Constitution of

¶401

India, the petitioners, who have encroached the Government land

¶402

¶403

belonging to the Indian Railways popularly known as Bapu Nagar Area, Ward No.64, Bilaspur, have prayed for issuance of appropriate writ directing the respondents not to demolish the houses of the petitioners and evict them from the land in their possession, with further direction to regularize their possession by grant of Patta/lease under different Government schemes as a measure of just and proper rehabilitation for providing suitable place of residence.

¶404

The first petition of Jyoti Mogare & others has been filed by 67 encroachers whereas in the second petition filed by Sarla Beriya & others, there are as many as 267 encroachers.

¶405

It is argued for the petitioners that they are residing in their present houses situated at Bapu Up Nagar area for the last about 60 years and most of the petitioners belong to SC, ST or other weaker section of the society. They are engaged in the work of sweeper and other manual works. The petitioners are landless persons with no other place to take shelter. The petitioners are entitled for allotment of houses under the Centrally sponsored scheme executed by the State Government in the name of 'Atal Awas Yogna' and other like schemes for which they have been surveyed and found eligible but yet no allotment has been made in their favour. The Senior Sub Divisional Engineer (Works), South Eastern Central Railway, Bilaspur has issued notice in the month of March, 2015 directing vacation of the encroached area within 8 days failing which they have been threatened of removal of encroachment by

¶406

¶407

the Railway Administration.

¶408

Referring to the UN declaration and other covenants, it is argued that the right to life takes within its sweep the right to food, the right to clothing, the right to decent environment and a reasonable accommodation to live in, therefore, the petitioners are entitled for regularization of their encroachment or in the alternative to provide them alternative accommodation under the prevalent Government scheme.

¶409

Per contra, Shri NK Vyas, learned ASG for the Union of India; Shri Abhishek Sinha, learned Standing Counsel for the Railways; Shri AS Kachhawaha, learned counsel for the Municipal Corporation, Bilaspur and Shri Arun Sao, learned Deputy Advocate General for the State would submit that the petitioners being encroachers, have no right or entitlement for grant of lease on the encroached land, which is the Government land belonging to the Railways. Shri Abhishek Sinha, learned counsel for the Railways would additionally submit that the Railways needs the area for its own expansion to provide better facilities to the passengers and for smooth operation of the Railways, therefore, it is not at all possible for the Railways to regularize the encroachment.

¶410

The Supreme Court in the matter of Ahmedabad Municipal Corporation Vs. Nawab Khan Gulab Khan and others reported in

¶411

¶412

{(1997) 11 SCC 121} held that the claim of pavement dwellers to construct huts on the pavement or road is a permanent obstruction to free passage of traffic and pedestrians' safety and security, therefore, it would be impermissible to permit or to make use of the pavement for private purpose. No-one has a right to make use of public property for their private purpose without the requisite authorization from the competent authority. It would, therefore, be inexpedient to give any direction not to remove or to allow encroachment on the pavements or footpaths which is a constant source of unhygienic ecology, traffic hazards and risk prone to the lives of the pedestrians. Encroachment of public property undoubtedly obstructs and upsets planned development, ecology and sanitation. Public property needs to be preserved and protected. It would, therefore, be necessary to permit the Corporation to exercise the statutory powers to prevent encroachment of the pavements/footpaths and to prevent construction thereon. It was further observed that removal of encroachment needs urgent action. Sooner the encroachment is removed when sighted, better would be the facilities or convenience. If the encrochment is of a recent origin the need to follow the procedure of principle of natural justice could be obviated in that no-one has a right to encroach upon the public property and claim the procedure for opportunity of hearing which would be a tedious and time consuming process leading to putting a premium for highhanded and unauthorized acts of encroachment and unlawful squatting. However, if the encroahcment is for a long time, then necessity of a reasonable

¶413

¶414

notice for removal may arise and in such case, notice for 2 weeks or 10 days should be given before removing the encroachment. If the encroachment is not removed within such time, the competent authority would be at liberty to have it removed.

¶415

In the recent judgment, in the matter of Jagpal Singh & Ors Vs. State of Punjab & Others reported in AIR 2011 SC 1123 , the Supreme Court has held in paras-13 and 22 thus:-

¶416

“ 13 . We find no merit in this appeal. The appellants herein were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/ money power and in collusion with the officials and even with the Gram Panchayat. We are of the opinion that such kind of blatant illegalities must not be condoned. Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. Regularizing such illegalities must not be permitted because it is Gram Sabha land which must be kept for the common use of villagers of the village. The letter dated 26.9.2007 of the Government of Punjab permitting regularization of possession of these unauthorized occupants is not valid. We are of the opinion that such letters are wholly illegal and without jurisdiction. In our opinion such illegalities cannot be regularized. We cannot allow the common interest of the villagers to suffer merely because the unauthorized occupation has subsisted for many years.

¶417

22 . Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to

¶418

¶419

do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.”

¶420

It is thus settled that an encroacher has no right to restrain eviction or to claim regularization of the encroachment, therefore, no mandamus can be issued either to regularize the possession or to issue Patta/lease in favour of the encroachers. However, at the same time, considering the observations made by the Supreme Court in Ahmedabad Municipal Corporation (Supra) to the effect that the right to life would include the right to live with human dignity, which may be an illusion due to want of facilities and the opportunity in ray the right to residence and settlement and to achieve that the Central Government and the State Government have framed various schemes for providing housing facilities to the urban or rural poor, the writ petitions are disposed of with following directions/observations:-

¶421

The Railways are entitled to proceed to evict the petitioners by removing encroachment and/or demolishing illegal construction made by the petitioners on Government land/Railway land.

¶422

The petitioners may apply for allotment of the houses under

¶423

¶424

different Government schemes like 'Atal Awas Yogna' etc and on such application being made, the Government may deal with the same in accordance with its own policy, as and when such accommodation is available. However, pendency of the petitioners' application for allotment under any Government scheme would not come in way of the Railways in evicting the petitioners.

¶425

Sd/- Judge (Prashant Kumar Mishra)

¶426

Barve

Jyoti Mogare and Ors. v. Union Of India and Ors.

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Jyoti Mogare and Ors. v. Union Of India and Ors.

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