Disposed

Javaharlal Pandey v. State Of Chhattisgarh

Chhattisgarh HC7 Dec 2023WPC/998/2017

Case brief

AI extract

What is this about?

This order addresses a writ petition challenging a show cause notice for alleged encroachment on a public road via a stair and boundary wall. Dismissing the immediate need for a stay, the court directed the authority to conduct a fresh inquiry and measurement of the property after a significant delay prior to the petition's filing.

What did the court decide?

Respondent No.2 directed to conduct proper inquiry and measurement of the property; liberty to initiate removal proceedings only after ascertaining encroachment via notice and hearing.

Javaharlal Pandey Vs State Of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 998 of 2017

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Javaharlal Pandey S/o Late Narayan Pandey, Aged About 46 Years, R/o A/3, Vishal Colony, Urla Road, Birgaon, P.S. Urla, Dist. Raipur Chhattisgarh, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through Secretary, Department of Urban Administration, Mahanadi Bhavan, Naya Raipur, Chhattisgarh., Chhattisgarh

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Municipal Corporation Birgaon, Through Commissioner Birgaon, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Bhavan Adhikari, Municipal Corporation Birgaon, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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---- Respondents

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For Petitioner :- Mr. Manish Thakur, Advocate. For State/respondent No.1 :- Mr. Wasim Miyan, Panel Lawyer. For Respondents No.2 and 3 :- Mr. Rajnish Singh Baghel, Advocate.

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Hon'ble Shri Justice Ravindra Kumar Agrawal Order On Board

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07 .12.2023

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Being aggrieved by the show cause notice dated 06-03-2017 issued by respondent No.2 present petition has been filed by the petitioner seeking following relief(s):-

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“10.1. That, Hon’ble Court may kindly be pleased to issue a writ or direction for staying the action of respondent on the ground of that notice Annexure P/1.

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10.2 Any other relief, which Hon'ble Court deems fit, and proper in the circumstances of the case and petition may kindly be allowed with costs.”

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The case of the petitioner is that he has purchased land bearing Khasra

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No.80/26 total 550 Sqr. Ft. and the Kachha House constructed over 150 Sqr. Ft. of total land, situated at village Birgaon, RI Circle Dharsinva, Tehsil & Dist. Raipur through registered sale deed dated 29-04-1997 from one Jabbar Dagali and after its purchase he has renovated his house and residing thereon. He has not encroached any excess land to that of the land of his ownership which he has purchased. On 06-03-2017 a show cause notice was issued by respondent No.2 whereby they directed to remove the encroachment made by the petitioner by constructing the stair and boundary wall over the public road within 7 days from the date of receipt of copy of the notice, which is under challenge in this petition.

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The petitioner submitted reply of the show cause notice on 10-03-2017 and said that he has not encroached any of the land excess to the land of his ownership and his house is constructed over his own land. The stair was not constructed in any encroachment and none is being affected by the said stair. The instant petition is filed on 10-04-2017 for the relief as mentioned in earlier part of this order.

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In reply to the petition, the respondent No.2 and 3 have submitted that the petitioner has encroached on public road by constructing his stair and boundary wall and upon receiving the complaint, show cause notice has been issued to the petitioner for removal of his encroachment. He would fairly submit that since the matter is pending before this Court no further proceeding was carried out in furtherance of the said show cause notice dated 06-03-2017. He would further submit that the present petition may be disposed of giving liberty to the parties to restart the proceeding of removal of encroachment, if it is found after proper measurement in presence of the parties and if any party is found in any encroachment excess to their own land the same may be removed after giving opportunity of hearing the party concerned.

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The learned counsel for the State would also appose the submission made by

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the learned counsel for the petitioner.

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I have heard learned counsel for the parties. Having considered the fact that the show cause notice was issued in the year 2017 and no further proceeding was drawn since 2017 till 2023 and the challenge in this writ petition is show cause notice dated 06-03-2017 it would be appropriate to dispose of this writ petition at this stage with direction to respondent No.2. Accordingly, it is directed that respondent No.2 first conduct proper inquiry and measurement of the property with respect to the entitlement of the parties concerned and if it is found that any party is in encroachment, then they may initiate the proceeding for removal of encroachment afresh if so advised and if any proceeding they are intended to initiate they should issue the notice well in advance to the respective/affected party and after giving proper opportunity of hearing to them they may proceed further in accordance with law.

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With these observations/directions the present petition is finally disposed of.

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Sd/- (Ravindra Kumar Agrawal) Judge

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Aadil

Javaharlal Pandey v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Javaharlal Pandey v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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