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2023 Supreme(Online)(CHH) 6618
Landless people who have been in possession of land for over a decade cannot be evicted without being served with an order under Section 248 of the Chhattisgarh Land Revenue Code and are entitled to be provided with alternative land or accommodation, if available.
Headnote:
LAND ENCROACHMENT - SECTION 248 OF CHHATTISGARH LAND REVENUE CODE - EVICTION
Fact of the Case:
The petitioners were issued eviction notices under Section 248 of the Chhattisgarh Land Revenue Code, asking them to remove their illegal encroachment on a piece of land. The petitioners claimed that they had been in possession of the land for over a decade and had not been served with any prior orders under Section 248.
Finding of the Court:
The court found that the petitioners had not been served with any orders passed under Section 248 of the Chhattisgarh Land Revenue Code and that they were landless people who had been in possession of the land for over a decade. The court also noted that the government had schemes and welfare policies for providing land to the landless and homes to the homeless.
Issues: 1. Whether the petitioners were entitled to be evicted from the land without being served with an order under Section 248 of the Chhattisgarh Land Revenue Code?2. Whether the petitioners were entitled to be provided with alternative land or accommodation?
Ratio Decidendi: The court held that the petitioners were entitled to be served with an order under Section 248 of the Chhattisgarh Land Revenue Code before they could be evicted from the land. The court also held that the petitioners were entitled to be provided with alternative land or accommodation, if available.
Final Decision: The court disposed of the writ petitions and restrained the respondents from initiating any coercive steps against the petitioners for a period of 15 days. The court also directed the respondents to provide the petitioners with a copy of the orders passed under Section 248 of the Chhattisgarh Land Revenue Code and allowed the petitioners to move an application for interim relief.
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5690 of 2022 Heera Bai Kaiwartya W/o Shri Brij Lal Kaiwartya Aged About 50 Years R/o Village Rishdi, P.H. No.18, Tahsil And District Korba, Chhattisgarh (Wrongly Mentioned As P.H. No.17 In Impugned Notice Dated 28-11-2022)
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Chhattisgarh Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, District : Raipur, Chhattisgarh
2. Collector Korba, District : Korba, Chhattisgarh
3. Sub Divisional Officer (Ra) Korba, District : Korba, Chhattisgarh
4. Tahsildar Korba, District : Korba, Chhattisgarh
5. Nazul Tahsildar Korba, District : Korba, Chhattisgarh
6. Station House Officer Police Station Rampur, Korba, District : Korba, Chhattisgarh
7. Revenue Inspector P.H. No.18, Korba, District : Korba, Chhattisgarh ---- Respondents WPC No. 5823 of 2022 Muniram Yadav (Wrongly Mentioned As Only Muniram In Inpugned Notice Dated 28-11-2022) S/o Shri Nangmathiya Yadav Aged About 40 Years R/o Village-Rishdi, P.H. No. 18, Tahsil And District Korba, Chhattisgarh (Wrongly Mentioned As P.H.No. 17 In The Impugned Notice Dated 28-11-2022)
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Chhattisgarh Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, District Raipur (C.G.)
2. Collector Korba, District Korba, Chhattisgarh
3. Sub Divisional Officer (Ra) Korba, District Korba, Chhattisgarh
4. Tahsildar Korba, District Korba, Chhattisgarh
5. Nazul Tahsildar Korba, District Korba Chhattisgarh
6. Station House Officer P.S. Rampur, Korba, District Korba, Chhattisgarh
7. Revenue Inspector P.H. No. 18, Korba, District Korba, Chhattisarh ---- Respondents WPC No. 5837 of 2022 Rakesh Kewat S/o Late Shri Bullu Ram Kewat Aged About 47 Years R/o Village - Rishdi, P.H. No.-18, Tahsil And District - Korba, Chhattisgarh (Wrongly Mentioned As P.H. No.-17 In The Impugned Notice Dated 28.11.2022)
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Chhattisgarh Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, District - Raipur (C.G.)
2. Collector, Korba District Korba, Chhattisgarh
3. Sub Divisional Officer (Re) Korba, District - Korba, Chhattisgarh
4. Tahsildar Korba, District - Korba, Chhattisgarh
5. Nazul Tahsildar Korba, District - Korba, Chhattisgarh
6. Station House Officer P.S. - Rampur, Korba, District - Korba, Chhattisgarh
7. Revenue Inspector P.H. No.-18, Korba, District - Korba, Chhattisgarh ---- Respondents For Petitioner/s : Mr. Dhiraj Wankhede, Advocate For State : Mr. Ghanshyam Patel, GA with Mr. Pawan Kesharwani, PL Hon'ble Mr. Justice P. Sam Koshy Order on Board
10/01/2023
1. In these three instant writ petitions since the factual matrix of the matters are identical, these three writ petitions are being disposed of by a common order.
2. The instant writ petitions have been filed assailing the impugned orders Annexure P-1 dated 28.11.2022 passed by respondent no.4 whereby the petitioners have been asked to remove their possession over the property that situates at PH No.18(wrongly mentioned at 17 in the notice at Village Rishdi, Tahsil and District Korba.
3. According to the petitioners they are in possession of the said property since long for a more than a decade and that abruptly vide impugned order Annexure P-1 the respondents have issued a notice of eviction asking the petitioners to remove the illegal encroachment or else the respondents would have forcefully evict the petitioners from the said land.
4. On the previous date of hearing, this Court had directed the State Authorities to enquire as to whether in proceedings for removal of encroachment as is envisaged under Chhattisgarh Land Revenue Code was invoked against the petitioners.
5. Mr. Ghanshyam Patel, GA for the respondents submits that in the instant cases, there was in fact a proceeding drawn under Section 248 of Chhattisgarh Land Revenue Code. It is further conte
