Anita Sahu Vs State of Chhattisgarh

For Petitioner : Mr. Raza Ali, Advocate For Respondent-State : Ms. Akanksha Verma Dabhadker, Advocate For Respondent No. 4 : Mr. Sourabh Sharma, Advocate

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Hon’ble Shri Justice Arvind Kumar Verma Order on Board

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15/10/2025

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1. With the consent of the parties the matter is heard finally.

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2. By way of the present writ petition, the petitioner is seeking judicial intervention against the arbitrary and illegal action of Respondents No.2 and 3 in initiating Revenue Proceedings bearing No. 202506101000231/19(3) for the year 2024-2025, for the allotment of Government land bearing Khasra No. 1423/1, admeasuring 2.75 acres,

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Digitally signed by JYOTI JHA Date: 2025.10.16 12:35:58 +0530

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situated at Village Kurud, District Durg (C.G.), in favour of Respondent No.4 for establishing a Compressed Biogas (CBG) Plant.

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3. Learned counsel for the petitioner submits that the said land is located in a densely populated residential locality, surrounded by houses, schools, and commercial establishments. The Petitioner, being a permanent resident of the said village, along with other affected residents, filed objections pointing out the imminent risk to life, health, and environment, as the proposed CBG Plant involves hazardous and combustible substances. However, the objections were arbitrarily dismissed by Respondent No.3, citing rejection by the Municipal Corporation, without any reasoned order. The Respondents are proceeding further with the allotment without following due process of law, without considering the objections on merits, and in violation of statutory provisions under the Chhattisgarh Land Revenue Code, 1959, town planning/zoning laws, and the Environment (Protection) Act, 1986. The impugned action is arbitrary, unlawful, and violative of Articles 14 and 21 of the Constitution of India, as it endangers the safety, health, and fundamental rights of the residents. The Petitioner has no other efficacious remedy except to invoke the writ jurisdiction of this Hon'ble Court. Hence this petition.

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4. Learned counsel for the respondent No. 4 opposed the submission made by the learned counsel for petitioner and submits that the respondent No.4 has already been allotted of government land for establishing a compressed Biogas CBG) Plant.

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5. Learned counsel for respondent-State submits that with regard to the grievance of the petitioner, if the petitioner files a fresh objection, the

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same shall be considered in accordance with law.

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6. I have heard learned counsel for the parties and perused the material available on record.

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7. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the petitioner to file a fresh objection/application before the respondent No. 2 within 15 days from the date of receipt of copy of this order, and in turn the respondent No. 2 shall decide the application/objection of the petitioner in accordance with law/rules/regulations as expeditiously as possible in an objective manner after giving sufficient opportunity of hearing to the concerned parties.

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8. It is made clear that this Court has not expressed anything on the merits of the case.

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9. With the aforesaid direction, the writ petition is disposed of .

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Sd/-

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( Arvind Kumar Verma ) Judge

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Jyoti

Anita Sahu v. State of Chhattisgarh

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Anita Sahu v. State of Chhattisgarh

Case brief

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