WPC/5881/2022 of SOMNATH SONI Vs STATE OF CHHATTISGARH on 31 December 2022

1. State Of Chhattisgarh Through Secretary, Department Of UrbanDevelopment, Mahanadi Bhawan, Mantralaya, Atal Nagar, NayaRaipur, Raipur, Chhattisgarh. Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, NayaRaipur, Raipur, Chhattisgarh.

2. Collector Bilaspur, District : Bilaspur, Chhattisgarh

3. Municipal Corporation Bilaspur Through Its Commissioner, VikasBhawan, Nehru Chowk, District : Bilaspur, Chhattisgarh Bhawan, Nehru Chowk, District : Bilaspur, Chhattisgarh

---- Respondents

Hon'ble Shri Justice Deepak Kumar TiwariOrder On Board 31.12.2022

1. This writ petition under Article 226 of the Constitution of India has beenfiled to quash the notice dated 23.12.2022 issued by respondent No.3 forvacating the encroachment area at Sanjay Nagar Slum, Bilaspur and furtherto shift the people of that area to the houses allocated to them.

2. Brief facts of the case are that petitioner is resident of Sanjay NagarWard No.44 (now ward No.59), Chantideeh, Bilaspur and residing with his sixfamily members at House No.948 situated upon Government land since last45 years. The said house was originally built by the father of the petitionernamely late Jagannath Soni which was further developed by the petitioner.However, for development of the city the respondent authorities have initiateddrive to remove the slum area situated around the city and have also allocated the constructed house to the people of the slum area under thePradhanmantri Awas Yojna Scheme. Under the said scheme, the wife of thepetitioner was allotted House No.51/03 at Ashok Nagar, Bilaspur andaccording to the petitioner physical possession of the said house was given toher in the month of December, 2022. Thereafter, on 23[rd] December, 2022 therespondent No.3 issued a notice of demolition drive for removing the slumsand shifting the people residing in the Sanjay Nagar from 27.12.2022 to30.12.2022. So, the petitioner has approached the respondent authorities togrant some reasonable time to shift however, no action was taken which ledto filing of the instant writ petition.

3. Shri Ashutosh Trivedi, learned counsel respondent No.3 would submitthat the petitioner’s wife has already taken possession of the allocated houseat Ashok Nagar, Bilaspur on 05.05.2022 and thereafter, two notices have alsobeen issued for encroachment after providing alternate arrangement so thispetition is sans merit and therefore, the same deserves to be dismissed.

4. Shri Ashish Tiwari, learned State counsel would support the submissionof counsel for the respondent No.3 and submits that petitioner has no legalright to remain in that slum area.

5. Heard learned counsel for the parties and perused the documents onrecord.

6. Having considered the facts and circumstances of the case andconsidering the limited prayer sought by the petitioner to grant some moretime to shift from Sanjay Nagar, Bilaspur to their allocated house andconsidering that petitioner’s wife has already taken possession in the monthof May, 2022 as put-forth by the counsel for respondent No.3 and the noticedated 23.12.2022, this Court on equitable principles finds it appropriate togrant further time of 3 days as a last indulgence to shift from concerned placeof Sanjay Nagar, Bilaspur to the allocated house. Upon being asked, counsel

for respondent No.3 submitted that till so far no demolition has taken place inthe concerned area, therefore, it is directed that the effect and operation ofthe notice dated 23.12.2022 shall also remain stayed for 3 days from todayand immediately thereafter, the respondent authorities shall take appropriatesteps in accordance with law.

7. With the aforesaid direction this writ petition is disposed of along withancillary applications.

Sd/-

Ajay

(Deepak Kumar Tiwari) Vacation Judge