56 HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE BENCH: Hon'ble Shri S.R. Nayak, CJ PETITIONERS Writ Petition No. 1488 OF 2005 1. Ganesh Singh Bisen, S/o Late Bhrigu Nath Singh, aged about 40 years, R/o Kududand, Bilaspur, Tahsil & District Bilaspur (C.G.) 2. Fasahat Ali, S/o Late Mansab Ali. aged about 42 years, R/o Kududand Bilaspur, Tahsil & District Bilaspur (Chhattisgarh) 3. Prabhater Rao, S/o Shri Raghunath Rao, aged about 50 yeare, R/o Indrasen Nagar, 27 Kholi, Bilaspur, Tahsit & District Bilaspur (Chhattisgarh) 4. Rakesh Chaturvedi. S/o Late Babu Lal, aged about 32 years, R/o Pani Tanki, Gayatri Mandir Chowk, Kududand, Bilaspur (C.G.) 5. Smt. Rajni Bai. Wd/o Lat©Bhrigu Nath Singh, Aged about 70 years, R/o Indrasen Nagar, 27 Kholi, Bilaspur (Chhattisgarh) 6. Madan Rao, S/o Raghunath Rao, aged about 40 years, R/o Pani Tanki, Gayatri Mandir Chowk, Kududand. Bilaspur 7. Santosh Bajpai, S/o Shri Ramkrishna Bajpai, Aged about 30 yeare. R/o Kududand, Bilaspur (C.G.) 8. Abdul Hamid, S/o Abdul Manzoor, aged about 60 years, R/o Harijan Mohalla Kududand, Bilaspur(C.G.) 9. Basant Yadav. S/o Late Ghasi Ram Yadav, aged about 50 years, R/o Jndrasen Nagar, 27 Kholi. BJIaspur (Chhattisgarh) 10. Chhedi Lal Sahu, S/o Late Chungu Ram, aged about K) years, R/o Indrasen Nagar, 27 Kholi, Bilaspur, k -2.- Tahsil & District, Bilaspur (Chhattisgarh) 11. Hori Lal Sahu, S/o Late Govardhan Prasad, aged about 50 years, R/o Indrasen Nagar, 27 Kholi. Bilaspur, Tahsil & District, Bilaspur (Chhattisgarh) 12 Dinesh Rao, S/o Dinkar Rao Aged about 40 years, R/o Pani Tanki, Kududand, Bilaspur, Tahsil & Dtstrict Bilaspur (Chhattisgarh) 13. Devi Prasad, S/o Late Shri Jageshwar Prasad, aged 40 years, R/o Shiv Mandir Kududand. Bilaspur, Tahsil & District Bilaspur (C.G.) 14. Surendra Singh. S/o Raj Kishore Singh, aged about 30 yeare, R/o Indrasen Nagar, 27 Kholi, Bjlaspur, Tahsil & District Bilaspur (Chhattisgarh) 15. Suresh Singh, s/o Raj Kishore Singh, aged about 28 years. R/o Indrasen Nagar, 27 Kholi, Bilaspur, Tahsil & Djstrict Bilaspur (Chhattisgarh) 16. Lallu Yadav, S/o Sanai Yadav, aged about 36 yrs, R/o Panj Tanki, Gayatri Mandir Chowk, Kududand, Bilaspur Tahsil & District Bilaspur (Chhattisgarh) 17. Ram Das Manikpuri, S/o B.D. ManJkpuri, aged 32 yre R/o Gayatri Mandir Chowk, Kududand, BUaspur 18. Jitendra Singh, S/o Late Late Baijnath Singh, aged 45 years, R/o 27 Kholi Vikas Nagar, Bilaspur, Tah & District Bilaspur (C.G.) 19. Parmeshwar Sriwas, S/o Late Arjun Sriwas, aged about 52 years. R/o Village- Ghuru Tahsil & Distt. Bilaspur 20. Girja Yadav, S/o ShokilaJ Yadav, aged about 40 yrs, R/o Gayatri Mandir Chowk, Kududand, Bitaspur, Tahsil & 3- 5.S District Bilaspur (C.G.) 21. Ram Swaroop Sahu, S/o Mohan Lal Sahu, Aged 30 years, R/o Chingrajpara, Bilaspur, Tahsil & Disfrict Bilaspur (Chhattisgarh) 22. R. Ganesh lyer, S/o Late R.T. Raju, aged about 44 years, R/o Mungeli Naka, Bilaspur, Tahsil & District BJIaspur (Chhattisgarh) 23. Surendra Tiwari, S/o Shiv Bhagwan, aged about 42 years, R/o Near BJP Office Karbala, Bilaspur, Tahsil & Distnct Bilaspur (C.G.) 24 Lawrence Joseph, S/o Jo^ph Moorti Appa, aged about 35 years, R/o Vil^is Nagar, Bilaspur, Tahsil & Disfrict Bilaspur (C.G.) 25. Satyanarayan Singh, S/o Late Rajpati Singh, aged 40 years, R/o 27 Kholi Vikas Nagar, Bilaspur, Tah. & District Bilaspur (C.G.) 26. Sheikh Subrati. S/o Sheikh Mohammed, aged about 50 years, R^ident of Musalmaan Mohalla, Kududand, Bilaspur, Tahsil & District Bilaspur(C.G.) 27. Raseed Khan. S/o Rehman Khan, aged about 50 yeare Pump House, Kududand Bilaspur. Tahsil & District Bilaspur (Chhattisgarh) 28. Motilal, S/o Late Baliram Sonkar, aged about 46 years, R/o Karbala, Bilaspur, Tahsil & DSstrict Bilaspur (Chhattisgarh) 29. Sheikh Aziz, S/o Late Sheikh Chhotoo, aged 42 years, R/o Taarbahar Bitaspur, Tahsit & District Bilaspur (Chhath'sgarh) 30. Wahid Hussain, S/o Shabbir Hussain, aged about 32 years, R/o Bandhsnwapara, Bilaspur, Tahsil & District Bilaspur (Chhattisgarh) 31. Ravish Chand F»at®l, S/o Sanfram -^- 59 Patel, ag«l about 30 y^ire, R/o Mangla Rd., Bilaspur, Tahsil & District BJIaspur (Chhattisgaiti) 32. Shw Kumar Soni, S/o Late Hwarl Soni, aged about 37 years, R/o Nehru Nagar, Ganesh Chowk, Bilaspur, Tahsil & Dlst Bilaspur (CG) 33. tehwari Prasad, S/o Late Jugufc^im, aged about 55 years, R/o Lingiyadih, Bilaspur, Tahsil & District Bilaspur (Chhattisgarh) 34. Hafiz Khan, S/o Late Abdul Hamoed, aged about 24 years, R/o Musalmaan Mohalla, Kududand, BHaspur, Tahsil & District Bilaspur (Chhattisgarh) 35. Raghunath Singh, S/o Late Udai Singh, aged about 46 years, R/o 27 Kholi Vikas Nagar, Bilaspur, Tah. & District Bllaspur (CG) 36. Tagendra Sriwas, S/o Baheran Sriwas, aged 42 yearc, R/o 27 Kholi Vikas Nagar, Bilaspur, Tah. & District Bilaspur (C.G.) 37. Hari Pradhan, s/o Shiv Singh Pradhan, aged 35 yrs R/o Gayafri Mandir Chowk, Kududand, Bilaspur, Tahsil & District Bilaspur (C.G.) 38. Naval Kishore, S/o Phool Singh Thakur, aged about 42 years, R/o Gondpara Bilaspur, Tahsil & District Bilaspur (Chhattisgarh) 39. Kishanlal Kaushik, S/o Late Durga Prasad Kaushik, Aged about 35 years, R/o 27 Kholi, Bilaspur. Tahsil & District Bilaspur (C.G.) 40. Maqsood Khan, S/o Wazir Khan, aged about 35 years R/o 27 Kholi, Bilaspur. Tah. & DJstrict BJIaspur (C.G.) 41. Shantilal Sahu, S/o Chhedi Lal Sahu, aged about 35 years, R/o Mungeli Naka Bilaspur, Tahsil & District Bilaspur (Chhattisgarh) -c,- sn RESPONDENTS 42. Omprakash Kesharwani, S/o Rajaram Kesharwanj Aged about 45 years, R/o Kududand, Bilaspur, Tahsil & District Bilaspur (C.G.) 43. Jeevan Singh, S/o Late Sri Raghuraj Singh, aged about 57 years, R/o 27 Vikas Nagar, Bilaspur, Tahsil & Dist Bilaspur (C.G.) Versus 2. 3. State of Chhattisgarh Through the Secrefeary, Department of Urban Administration, Mantralaya, DKS Bhawan, Raipur Raipur (Chhattisgarh) Collector, District BJIaspur Municipal Corporation, Bilaspur (CG) through its Commissioner, Municipal Corporation, Bilaspur (C.G.) Present: Shri Amrito Das, learned counsel for the petitioners. Shri Yashv^nt Singh, learned Govt. Advocate for the Stete. Shri Ashutosh Singh Kachhawaha, leamed counsel for respondent No. 3. ORDER (Passed on 20"' of January 2006) Admittedly, the land wtth regard to which the complaint is made by the petitioners in ttiis writ | fition is the Government land. It is the case of the petitioners that in the year 1985-86 under the scheme floated by the local setf Govemment ttirough the Coltector called as "step-up scheme", the petitioners were altottod temporarily struclures/Gumatees and since then ihey have been carrying on small business in such Gumatees to earn their livelihood and abruptly they were sought to be evicted from the -6- 61 Gumatees on the ground that the land is required for beautification of Bilaspur Municipal Corporation. It is alleged that the Commissioner of the Muntelpal Corporation of Bilaspur had assured the petitionere that they would be provided with Pakka structure/Gumatees at an established market area with better marketing facjlities in Ganesh Chowk, Nehru Nagar. It is complained that as promised orally without providing alternative Gumatees in Ganesh Chowk. Nehru Nagar, the Corporation authorities high-handedly sought to evict tho petitioners from tho present Gumatees allotted to them under the "Step-up scheme" (2) Nothing is placed before the Court except self-serving statement of the petitioners that the Municipal Corporation had gwen any assurance to the petitioners that they would be provided with alternative Gumatees in Ganesh Chowk, Nehru Nagar. Be that as it may, even assuming that the petitioners were assured by the Commissioner of Municipal Corporation, Bilaspur that they would be provided with Gumatees in Ganesh Chowk, Nohru Nagar, friat circumstance itsolf without anything ftjrther would not invest any errforceabte right to the petitioners to squat on the Government land which is required for the Munidpal Corporation of Bilaspur for beautMlc^tion of Uie city. In that view of the matter, the relief sought in the writ petition that the petltioners should not be evicted from the Gumatees allotted to them under "Step-up scheme unle^a aitornatlve Gurn^fees -r- Hiady aivctiiaibfe io: Ihem ;in Ganesh Ghowk, Nehru Nayar oannot b^ granted. In that view of the matter, 1 dismiss the writ petition. However, this order shall not com®in the way of the petitioners from making any representation erther to the State Govemment or to the Municipal Corporation of Bilaspur for providing r' -7' them some alternative Gumatees in Ganesh Chov^c, Nehru Nagar or any other availabte places and if such representation is made, it is hoped and trusted that their request vrould be favourably considered by the State Govemment and the Municipal Corporation of BMaspur. No costs. Sd/- Chief Justice ;2 Qyoj^