^ ssa sf^n"i BEFORE THE HON'BLE HIGHCOURT OF CHHATTISGARH AT BILASPUR WRIT PETITION fC.1 No.^^ /2011 Petitioner Respondents ./• ^ ^••'^ ..-<"} ••"'^'e -<"/v .^\^^ Y;" 2. 3. 4. 5. 6.- 7. 8. Gajanand Agrawal, aged about 58 years, S/o. Shri Hariram Agrawal, occupation - business (Grocery shop) Ward No.09, Nagar Palika Parishad - Kharsia, Distt. Raigarh VERSUS State of Chhattisgarh, Through Secretary, Deptt of Revenue, Dau Kalyan Singh Bhawan, Raipur (CG) Secretary, Urban Administration and Development Department, Dau Kalyan Singh Bhawan, Raipur Collector, Distt. Raigarh (C.G.) Superintendent of Police, Distt. Raigarh (C.G.) Sub Divisional Officer (Rev.) Division - Kharsia, Distt. Raigarh Tahsildar - Kharsia, Distt. Raigarh Chief Municipal Officer, Nagar Palika Parishad - Kharsia, Distt. Raigarh (C.G.) Station Station (CG) House Officer, Police Kharsia, Distt. Raigarh WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA //^- s iii i.sy-t PETiTIONER RESPONDENTS HIGH COURTOF CHHATTISGARH : BILASPUR WRIT PETITION (C) N0. 7626 OF 2011 Gajanand Aarawal Versus State of ChhattiSflarh & Others (Writ Petition under Articie 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satjsh K. Agnihotri, J. Present:- Shri A.N. Bhakta, Advocate for the petitioner. Shri V.V.S.Murthy, Dv. Advocate General forthe State/respondents No.1 to 6 & 8. Shri Sudeep Agrawal, Advocate for the respondent No.7. QRDER (Passed on thfe 14 day of December, 2011) 1. Bv this petition, the petitioner seeks to auash the impuaned notice dated 15.11.2011 (Annexure P/1) issued by the respondent No.7, /.e. Chief Municipal Officer, Nagar Palika Parishad, Kharsia, District Raigarh, wherebv, the petitioner has been asked to remove his structure situated over the land in dispute, alleged to have been constructed illegatly, within a period oftwo days. It was further made clearthat ifthe structure was not removed, the same shall be demolished with force. 2. Shri Bhakta, learned counsel appearing for 1he.:petitioner submits that the petitioner cannot be thrown out on the basis of the above notice, as the petitioner has not been afforded proper opportunity of hearing. Thus, the impuaned notices mav be quashed. 3.. Shri Agrawai, learned counsel appearing for the respondent No. 7/Nagar Palika Parishad, Kharsia, submits that no further demolition shall be done without affording proper opportunitv of hearing to the petitioner and considering his response to the notice. The petitioner shall be issued fresh notice granting reasonable time to respond to put forward his case. 4. On perusal of the impugned notice, it appears that the petitioner has not been afforded any opportunity of hearing to establish asto whether the alleged structures in dispute are authorized or unauthorized, as the case ,-^^^~i":-''^. ff, /..-. I '«9Sl^--% 'i ^^..^/ / '•^ '5?3°'<'.-rfir "^.^s^ 2 of the petitioner is that he has been residina there for a lona period, on proper authorization. 5. The petition involves disputed question of facts in reaard to the fact asto whether the constmction over the disputed land are authorized or unauthorized. This Court, in exercise of its writ jurisdiction cannot decide the above stated disputed facts on the basis of averments made in the pleadinos. Grantina two days time to remove the alleoed unauthorized construction was no opportunity, as some reasonable time ought to have been given to the petitioner. In case, where demolition had already taken place, the petitioner is at liberty to take recouree to appropriate forum for grant of compensation/damages, if so advised. 6. Since no proper opportunity of hearing was afforded to the petitioner, the impugned notice dated 15.11.2011 (Annexure P-1), is quashed. However, the respondent No. 7 f.e. ChieT Municipal Officer, Naaar Palika Parishad, Kharsia, is at libertyto take steps in accordance with law, after affording reasonable opportunity to the petitioner and after examining the case ofthe petitioner, may pass appropriate order, ifso advised. 7. Accordingly, the writ petition is disposed of. No order asto costs. Sd/- Satish K. Agnihotri Judge