Disposed¶27

Santoshi Sahu v. State of Chhattisgarh

Chhattisgarh HC10 May 2026WPC/451/2021

Case brief

AI extract

What is this about?

Chhattisgarh Housing Board demolition compensation writ; unauthorised construction; disputed questions of title and authorisation require civil trial; Article 226 jurisdiction declined; Shalini Shyam Shetty Vs. Rajendra Shankar Patil (2010) 8 SCC 329 relied on; WPC No. 451 of 2021; Parth Prateem Sahu, J.; disposed of 11/05/2026 with liberty to file civil suit.

What did the court decide?

Liberty to the petitioner, if so advised, to prefer a duly constituted suit before the jurisdictional civil Court. ¶27

Santoshi Sahu Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Liberty to the petitioner, if so advised, to prefer a duly constituted suit before the jurisdictional civil Court.

¶27

Issue for consideration

Whether the petitioner is entitled to compensation from the Chhattisgarh Housing Board for demolition of the construction raised by her on her own land. +1 more

¶20

Court's answer

If it is proved that the construction is on encroached land or was not constructed as per the applicable law, the Housing Board may not be held liable to pay compensation to the petitioner (stated conditionally; the Court did not decide either question).

¶21

Ratio / Principle

This Court finds itself unable to exercise jurisdiction under Article 226 of the Constitution of India in this petition, in view of the law laid down by the Supreme Court in Shalini Shyam Shetty Vs. Rajendra Shankar Patil, (2010) 8 SCC 329.

¶24

Key takeaways

The question whether the petitioner had lawful title over the land and the superstructure built thereupon needs to be adjudicated by the jurisdictional civil Court.ratio¶22
The nature of the construction, i.e., whether it is authorized or unauthorized being contrary to the Municipal Laws, is to be determined on the basis of oral as well as documentary evidence.ratio¶23

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India seeking compensation for demolition by the Chhattisgarh Housing Board of construction raised by the petitioner on her own land, treated by the Board as unauthorised construction. Held: whether the petitioner had lawful title over the land and superstructure, and whether the construction is authorized or unauthorized under the Municipal Laws, are disputed questions requiring adjudication on oral and documentary evidence by the jurisdictional civil Court. Relying on Shalini Shyam Shetty Vs. Rajendra Shankar Patil, (2010) 8 SCC 329, the High Court found itself unable to exercise Article 226 jurisdiction and disposed of the writ petition with liberty to the petitioner to file a duly constituted civil suit. The Court observed that if encroachment or construction contrary to applicable law is proved, the Housing Board may not be liable to pay compensation.

1 / 3

2026:CGHC:22132

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPC No. 451 of 2021

¶6

Santoshi Sahu W/o Nilesh Kumar Sahu Aged About 38 Years R/o Ward No. 6, B.D. Mahant Up Nagar, Janjgir, Tahsil Janjgir, District Janjgir- Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

¶7

... Petitioner(s)

¶8

versus

¶9

1 - State Of Chhattisgarh Through Secretary Department Of Housing And Environment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

¶10

2 - Commissioner, Chhattisgarh Housing Board, Office At Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

¶11

3 - Estate Officer Chhattisgarh Housing Board, Korba Management Area, Korba, District Korba Chhattisgarh, District : Korba, Chhattisgarh

¶12

4 - Assistant Engineer Chhattisgarh Housing Board, Sub Division Janjgir, District Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

¶13

Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.05.18 11:09:46 +0530

¶14

5 - Sub Engineer, Chhattisgarh Housing Board, Sub Division Janjgir, District Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

¶15

... Respondent(s)

¶16

2 / 3

¶17

For Petitioner :Mr. Sanjay Kumar, Advocate For State/Resp. No.1 :Ms. Shailja Shukla, Govt. Advocate For Resp. No.2 to 5 :Mr. Sanjay Patel, Advocate

¶18

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board

¶19

11/05/2026

¶20

By way of this writ petition, petitioner is seeking compensation for illegal demolition of the construction raised by her on her own land. Respondent- Chhattisgarh Housing Board has demolished the construction treating it to be unauthorised construction.

¶21

The construction may be on encroached land or it might not have been constructed as per the applicable law. However, if either of the two is proved, Housing Board may not be held liable to pay compensation to the petitioner.

¶22

The question as to whether the petitioner had the lawful title over the land and the superstructure build thereupon, is a question which needs to be adjudicated by jurisdictional civil Court.

¶23

Similarly, the nature of construction as to whether it is authorized or unauthorized being contrary to the Municipal Laws, is again to be determined on the basis of oral as well as documentary evidence.

¶24

In view of the law laid down by the Supreme Court in the matter of Shalini Shyam Shetty Vs. Rajendra Shankar Patil , (2010) 8 SCC 329, this Court find itself unable to exercise jurisdiction under Article 226 of the Constitution of India in this petition. The petitioner, if so

¶25

3 / 3

¶26

advised, may prefer duly constituted suit before the jurisdictional civil Court.

¶27

Writ petition is accordingly disposed of.

¶28

Sd/ Sd/-

¶29

(Parth Prateem Sahu) Judge

¶30

Praveen

Santoshi Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Santoshi Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shree Engineers and Builder Private Limited Vs Sarans Mittal

Jai Sandhya Mahila Swa Sahayata Samuh Odadabri Vs State of Chhattisgarh

Bal Chand Kachhwaha Vs (Deleted), Dr. Alok Shukla

Yadram Yadav Vs Rajeev Rai

Jayantrao Gaikwad, Vs Manish Mishra

Shashikant Singh Yadav Vs Alok Shukla