Disposed¶34

Anil Udasi v. State of Chhattisgarh

Chhattisgarh HC7 Jul 2026WPC/1435/2022

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; WPC No. 1435 of 2022; Anil Udasi v. State of Chhattisgarh; demolition notice 11.03.2022; Municipal Corporation Raigarh; government najul land; allotment of land 12.09.2022; unauthorized occupant; regularization of excess construction; Member Secretary Town and Country Planning; competent authority; 10 days to apply; 45 days to decide; no coercive steps; interim relief; property tax; single bench Justice Amitendra Kishore Prasad.

What did the court decide?

Petition disposed of with directions: petitioner to file an appropriate regularization application before the competent authority within 10 days; the competent authority to decide it in accordance with law within 45 days of receipt; and no coercive steps to be taken against the petitioner until the application is decided. ¶34

Anil Udasi Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned notice dated 11.03.2022 issued by Respondent No.3/Municipal Corporation, Raigarh directing demolition of the petitioner's construction/house on 23.03.2022 was justified, given the petitioner's claim that the land is government najul land and the respondents' submission that the land has since been allotted to the petitioner. +1 more

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Court's answer

It is not in dispute that the subject land has been allotted to the petitioner by the authorities; therefore the petitioner cannot be said to be an unauthorized occupant of the land in question.

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Ratio / Principle

So far as the application for regularization of excess construction is concerned, the Writ Petition is disposed of with a direction to the petitioner to file an appropriate application before the competent authority within 10 days.

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Key takeaways

The competent authority shall decide the regularization application in accordance with law within 45 days from the date of receipt of such application.ratio¶35
Till the regularization application is decided by the competent authority, no coercive steps shall be taken against the petitioner.ratio¶37

Detailed headnote1 paragraphs

Writ petition challenging a demolition notice dated 11.03.2022 issued by the Municipal Corporation, Raigarh, intimating that the petitioner's construction/house would be demolished on 23.03.2022. The petitioner claimed the house stood on government najul land, that he had paid property tax to the Corporation since 2002, and that his regularization application was pending. Respondents' counsel stated the land had been allotted to the petitioner on 12.09.2022. The Court held it was not in dispute that the land had been allotted to the petitioner, who therefore could not be treated as an unauthorized occupant. The petition was disposed of with a direction to file an appropriate regularization application before the competent authority within 10 days, the authority to decide it in accordance with law within 45 days, and with an interim direction that no coercive steps be taken against the petitioner until the application is decided.

AVINASH SHARMA

CGHC010097672022

2026:CGHC:28329

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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Digitally signed by AVINASH SHARMA Date: 2026.07.08 18:03:16 +0530

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WPC No. 1435 of 2022

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1 - Anil Udasi S/o Late Shri Govindram Ji Udasi Aged About 49 Years R/o Behind Sanjay Complex, Near Shyam Mandir, Raigarh, Police Station City Kotwali District Raigarh Chhattisgarh.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development , Mahanadi Bhavan, Atal Nagar, Raipur Chhattisgarh.

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2 - Collector District Raigarh Chhattisgarh.

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3 - Commissioner Municipal Corporation Raigarh, District Raigarh Chhattisgarh.

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... Respondent(s)

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For Petitioner(s)	: Shri Vivek Kumar Agrawal,Advocate.
For State	: Shri Shreyansh Mehta,PL.
For Respondent No.3	: Dr. SudeepAgrawal,Advocate.

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SB: Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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08/07/2026

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Challenge in this petition is to the impugned notice dated 11.03.2022 issued

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by Respondent No.3/Municipal Corporation, Raigarh whereby it has been intimated to the petitioner that construction/house raised by him will be

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demolished on 23.03.2022 at 12 noon.

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Learned counsel for the petitioner submits that petitioner has constructed the

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house over the government najul land which is situated at ward no.19, House

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No. 46, new house no. 360 since long and is residing in the said constructed house from last many years and other 20 families are also residing near the house of the petitioner after constructing the house in the said najul land and also paying property tax & other taxes to the respondent no.3/Municipal Corporation, Raigarh since 2002 to March, 2021. He submits that house of the petitioner is situated at government najul land and government has not initiated any action to demolish the house of the petitioner along with other persons who are similar to the petitioner but all of sudden, respondent no.3 has issued impugned notice to the petitioner stating that the said land which was occupied by the petitioner and has constructed the house over which is property of respondent no.3, which is not true, all property tax receipts & pass books of tax collection clearly show that the said land is government najul land, as such, impugned notice dated 11.03.2022 issued to the petitioner is illegal.

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Learned counsel for the petitioner submits that he has filed appropriate application for regularization of excess construction before the Municipal Corporation, however, the same is still pending.

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Learned counsel for the respondents jointly submit that the land in question for which the impugned notice has been issued to the petitioner has been allotted in favour of the petitioner on 12.09.2022, as such, petitioner cannot be said to be an unauthorized occupant of the land in question.

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Learned counsel for Respondent No.1 further submits that so far as petitioner’s application for regularization of excess construction is concerned, the petitioner has filed the same before Municipal Corporation, Raigarh whereas, he ought to have filed the same before Member Secretary, Town

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and Country Planning of the concerned District.

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Learned counsel for the petitioner, at this stage, submits that this Writ Petition may be disposed of with liberty to file appropriate application for regularization of his excess construction before Member Secretary, Town and Country Planning, however, till the said application is decided by them, some interim relief may be granted in favour of the petitioner.

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As demonstrated by the respondents, it is not in dispute that the subject land has been allotted to the petitioner by the authorities, as such, petitioner cannot be said to be an unauthorized occupant of the land in question.

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So far as application for regularization of excess construction is concerned, this Writ Petition is disposed of with a direction to the petitioner to file appropriate application in this regard before the competent authority within a period of 10 days from today.

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The competent authority in turn shall decide the said application, in accordance with law, within a period of 45 days from the date of receipt of such application.

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