Padyuman Singh vs State Of Chhattisgarh

The present writ petition has been filed assailing the notice issued by the Municipal Corporation dated 01.02.2022 asking the petitioner to remove

the alleged illegal construction made by the petitioner.

Learned counsel for the petitioner submits that the two grounds on the basis of which the notice have been issued is totally baseless and the

respondents have passed the said order at the behest of a neighbor who has made a complaint against the petitioner.

On the other hand, the counsel for the Municipal Corporation submits that it is only a notice which has been issued upon the petitioner in respect of

the alleged illegal construction of boundary wall encroaching upon the public road and secondly the illegal construction is carried out by the petitioner

contrary to the approved map and also without taking any prior permission from the respondent authorities in this regard.

The counsel for the Municipal Corporation further submits that subject to the petitioner's furnishing relevant documents in this regard to the

respondent authorities, there is no reason why the respondents would take co-ercive steps against the petitioner.

Given the said submissions by the counsel for the parties, the writ petition as of now stands disposed of directing the petitioner to approach the

respondent Municipal Corporation-respondents No.2&3 supported with all relevant documents showing that the petitioner has not encroached upon the

government land particularly the public road at large and second the construction being carried out strictly in accordance with law and the

approved/sanctioned map. Subject to the petitioner's furnishing these details to the respondents No.2&3 within a period of seven days, the respondents

No.2&3 are expected to scrutinize the same in accordance with law and thereafter to take an appropriate steps.

Needless to mention that till such an exercise is completed, the respondents may not initiate further co-ercive steps against the petitioner. However,

in the event if the petitioner is found to have made any illegal encroachment and construction on the road, the respondents after being convinced about

the encroachment part, would be permitted to carry out with the demolition work for removing the encroachment from the road.

So far as the illegal construction of the House is concerned, the authorities may consider whether the said can be compounded or not and thereafter

to take an appropriate decision in accordance with law.

The writ petition accordingly stands disposed of.

Certified copy today.