u-^^° S) itoB®nch IN THE HtGH COURT OF CHHATTISGARH AT BILASPUR ^ ^ ^ '?.w W.P.fdNO. ^' OF 2011 PETITIONER / / .•• s..y ^/ ^ A ^ ^n^^y - .^COv'" / .^' s" •c^ /^' r^ J'/^ ^'7',. ^// </ 1. 2. 3. 4. 5. <"' 6. 7. 8. Bhagwan Bhati, S/o Shri Deshmukh Bhati, Aged about 59 years, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Puran Malik, S/o Shri Dukhu Malik, Aged about 59 years, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Afva Barik, S/o Shri Kunjo Barik, Aged about 51 years, R/o Beej Nigam; Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Puina Yadav, S/o Shri Jeetram Yadav, Aged about 60 years, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Mafti Yadav, W/o Shri Jagbandhu Yadav, Aged about 54 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Dingra Yadav, S/oLate Samaru Yadav, Aged about 49 years, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Kartik Ram Bhoi, S/o Shri Dwitiya Bhoi Aged about 49 years, Caste Gond R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Gourav Barik, S/o Shri Mali Barik, Aged about 49 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) J^- 9. 10: 11.' 12: 13; 14. 15: 16. ($) -^- Deepak Bhati, S/o Shri Bhagwan Bhati, Aged about 23 years, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, DJstt. Durg (CG) Kaliya Malik, S/o Shri Raso Malik, Aged about 49 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Chaitu Jani, S/o Shri Maidanu Jani, Aged about 57 years, Caste Gond, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Phulvasan Kumbhkar, S/p Late Dhandhu Ram Kumbhkar, Aged about 46 years, Caste Kumhar, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Laxmikant Jani, S/o Shri Chaitu Jani, Agedabout36 years, Caste Gond, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Mahatma Bhoi, S/o Late Jamu BhoS, Aged about 34 years. Caste Gond, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, DJstt. Durg (CG) Bhuvan Malik, S/o Shri Kaliya Malik, Aged about 24 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Jogj Yadav, S/o Late Harsu Yadav, Aged about 34 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) 17. 18. 19. 20.' 21. 22. 23. 24. © Tapo Yadav, S/o Shri Govinda Yadav, Aged about 25 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Govinda Yadav, S/o Aged about 47 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Digambar Juganiya, S/o shri Purandar Juganiya, Aged about 55 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Tulsi Ram Yadav, S/o Late Rajendra Yadav, Aged about 32 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Shiva Ram Yadav, S/o Late Gajendra Yadav, Aged about 36 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Lulesh Kumar Bhoi, S/o Shri Kartik Ram Bhoi, Aged about 24 years, Caste Gond, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Sargon Malik, S/o Shri Puran Malik, Aged about 36 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Purandar Juganiya, S/o Shri Kashiram Juganiya, Aged about 58 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) -^- 25. 26. 27/ 28. ^ 29. - 30. 31 32. '6 Sevajani, S/o Shri Alekh Jani, Aged about 35 years, Caste Gond, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Navadhar Yadav, s/o Shri Jeetram Yadav, aged about 52 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Satyawan Yadav, S/o Shri Navadhar Yadav, Aged about 26 years, Caste Yadav R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Khirsindhu Yadav, S/o Rupdhar Yadav, Aged about 53 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Arun Barik, S/o Shri Gourav Barik, Aged about 20 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Lalita Yadav, W/o Late Harshu Yadav, Aged about 39 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Varun Yadav, S/o Shri Laxman Yadav, Aged about 47 years, Caste Yadav R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) PrabhatJanj, S/o Shri Alekh Jani, Aged about 33 years, Caste Gond; R/o Beej Njgam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) -^A 33. 34. 35. 36. 37. 38.' ^M^^w^ 39. 40. Nilambar Juganiya, S/o Shri Purandar Juganiya, Aged about 24 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, DJstt. Durg (CG) Rajnikant Jani, S/o Shri Chaitu Jani, Aged about 26 years, Caste Gond, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Haribandhu Yadav, S/o Shri Rupdhar Yadav, Aged about 47 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg. Distt. Durg (CG) Tarun Yadav, S/o Shri Haribandhu Yadav, Aged about 25 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Subro Bhoi, S/o Late Jamu Bhoj, Aged about 44 years, Caste Gond, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Bishedh Yadav, S/o Shri Puina Yadav, Aged about 24 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Murli Barik, S/o Shri Bhivishan Barik, Aged about 42 years, Caste Kenwat, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Sanju Yadav, S/o Shri Varun Yadav, Aged about 22 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) ^- 41. 42.. 43. 44. Bharto Yadav, S/o Late Harshu Yadav, Aged about 23 years, Caste Yadav, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Tularam Yadav, S/o Haribandhu Yadav, Caste Yadav, Aged about years, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Devki, W/o Shri Purander Aged about years, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Vijay, S/o Shri Gourav, Aged about years, R/o Beej Nigam, Ruabandha Farm, Ward No. 54, Durg, Distt. Durg (CG) Versus RESPONDENTS 1 3. - 4. 5./ State of Chhattisgarh, Through Ministry of Housing and Environment, DKS Bhavan, Mantralaya, Raipur, Distt. Raipur (CG) Chhattisgarh State Beej Avam Krishi Vikas Nigam, Beej Bhavan, GE Road, Telibandha, Post Office, Ravigram, Raipur, Distt. Raipur (CG) Chairman, Chhattisgarh Housing Board Corporation Ltd., Head Office at Shankar Nagar, Raipur, Distt. Raipur (CG) Executive Engineer, Chhattisgarh Housing Board Development Project, Durg Division, Infront of Tripti Restaurant, Durg, Distt. Durg (CG) Managing Director, Chhattisgarh State Beej Avam Krishj Vikas Nigam, Beej Bhavan, GE Road, Telibandha, Raipur, Distt. Raipur (CG) ^- 6. Procedurelncharge, Chhattisgarh State Beej Avam Krishi Vikas Njgam, Ruabandha, Bhilai, Distt. Durg (CG) PETITION UNDER ARTICLE 2260F THE CONSTITUTION OF INDIA H1QH COVRT OW CHHATTISOARH : BHASPOR SmGLB BBNCai: HON*BLB SHRI MANINDRA MOHA1T SHmVASTAVA.J. PETITIONBRS RBSPONDBNT8 W.P. (Q No.3889/2011 Bh^wan Bhatt 8& Ors. Versu* State of Ctohattisgarh & Ors. Petttlon under Articlc 226 ofthe Constttutlon oflirilta ADpearance: Smt. Fouzia Mtrza, coiinsel for the petitioners. Shri M.P.S. Bhatia, Dy. Oovt. Advocate for the State/respondent No. 1 on advance copy. ORAL-ORDBR (Passed on 20.7.2011) Heard on admission. 1. The petitioners, who are ^nployees of fhe Chhattisagarti State Beeej Avam Krishi Vikas Nigam (for short uthe Seed Cofporation") have filed this petition for issuance of direction to respondents authority to provide suitable altemative accommodation near their place ofwork before taking any steps towards fheir eviction from present dweUtag house and demoUtion by Chhattlsgarh Housing Board Corporatlon Ltd. (for short uthe Hovswjg Boarcf^. 2. Leanied counsel for fhe petitioners submitted that the petitioners are employees of fhe Seed Corporation and since long th^ are residing in the dwelling houses whieti have been aflcrtted to fhe petitioners by their employer/Seed Corporation. Learaed counsel ff ^•"^ ^^ ....-^-:^ a -2- ^NNai^; for fhe petitioners submits that in an arrang^nent of exchange of land between fhe Seed Corporation and fhe Hou^mg Board, fkie land on which fhe doweUing houses are standiag, has been given in exchange to Housing Board and fherefore, fhe housing Boardy towards development ofits housing project has proceeded to tatee steps to demolish fhe dwelling house by evicting fhe petttioners. Leamed counsel for the petitioners submits fhat petitioners' employer i.e. fhe Seed Corporations has not made any alteiiiative arrangement and until proper altemative arrangement of resldents of fhe petitioners is made, fhe respondeiit-Housing Board may be restrained fi~om evlcting fhe petittoners frcao fhe present accominodation. 3. The petitioners are employees of the Seed Corporation. The dweUing houses have been allotted to the petitioners by fheir employer. As the petitioners are only employees of fhe Seed Corporation, no indefeasible right can be claimed by fhe petitioners to continue in fhe dwelling houses. However, tiere is one aspect which may be considered by fhe respondent , authorities and fhat is that tf Seed Corporation is able to provide altemative accommodation, some time may be glven to fhe petitioners. Considerii^ that the petitioners are occupyiiag dwelling houses wifh their family, respondents may consider fhis aspect The petitioners may approach the Seed CotporatioQ as also the Housing Board for consideratlon of their case on fhe aforesaid ground and request for some brealtiing tune* In case such representation is made by ftie petitioners, the re^ondent - ^: -3- authorities shall consider fhe same, keeping in view (he difficulties of fhe petitloners and if possible to provide tihicaa some altemative accommodation. 4. In fhe meanwhile, taking into consideration tbe submis^ons made by leamed counsel for fhe petitioners, it is directed fhat for a period of 2 monfhs fix>m today, respondents shall not take emy steps towards eviction of the pefitioners and derayolition of fhe dwelling houses in which fhe petitioners are residing wlfh tihieir family. 5. With the aforesaid observations, ftie petition is finafly disposed of. Sd/- Manindra Mohan Shrivastava Judge Rraveen