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2023 Supreme(Online)(CHH) 3774
HIGH COURT OF CHHATTISGARH
Hon'ble Shri Justice P. Sam Koshy
SMT. SUNITA YADAV – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/92/2023
Eviction proceedings under the Chhattisgarh Land Revenue Code, 1994 must follow due process and consider the rights of landless people.
Headnote:
LAND ENCROACHMENT - EVICTION - PROCEDURE - [CHHATTISGARH LAND REVENUE CODE, 1994]
Fact of the Case:
The petitioners were issued eviction notices by the Tahsildar, Korba, Chhattisgarh, asking them to remove their possession over the property they occupied at PH No.18, Village Rishdi, Tahsil and District Korba. The petitioners challenged the eviction notices, arguing that they had been in possession of the land for over a decade and that the proceedings were initiated without following the due process under the Chhattisgarh Land Revenue Code, 1994.
Finding of the Court:
The High Court of Chhattisgarh held that the eviction notices were issued without following the due process under the Chhattisgarh Land Revenue Code, 1994. The Court noted that the petitioners had been in possession of the land for over a decade and that they were landless people with no other place to reside. The Court also noted that the government had schemes and welfare policies for providing land to the landless people and home to the homeless people.
Issues: 1. Whether the eviction notices were issued without following the due process under the Chhattisgarh Land Revenue Code, 1994? 2. Whether the petitioners were entitled to be provided with alternative land by the government?
Ratio Decidendi: The Court held that the eviction notices were issued without following the due process under the Chhattisgarh Land Revenue Code, 1994. The Court noted that the petitioners had been in possession of the land for over a decade and that they were landless people with no other place to reside. The Court also noted that the government had schemes and welfare policies for providing land to the landless people and home to the homeless people.
Final Decision: The Court disposed of the writ petitions by permitting the respondent-State to ensure after due verification of facts as to whether any proceeding under Chhattisgarh Land Revenue Code, particularly under Section 248 of the said Code has been initiated against the petitioners or not. If proceedings have not been initiated, let petitioners be vacated from the said premises only after conclusion of the proceedings to be drawn under Section 248 of Chhattisgarh Land Revenue Code. However, it is made clear that in the event, if any such orders have been passed, the same should be communicated to the petitioners which would enable the petitioner to assail the same, if they so want before the Appellate Authority and also before Commissioner, Municipal Corporation, Korba in accordance with law along with their application for grant of interim relief, if any.
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. Learned counsel for the petitioners assailing the impugned order Annexure P-1 submits that the said proceedings have been promptly issued by the respondents without there being any proceedings drawn under Chhattisgarh Land Revenue Code, more particularly, under Section 248 of the said Code. Further contention of the counsel for the petitioners is that the notice has been issued in respect of the land over which petitioners are in possession for over a decade and land situates at PH No.18(Wrongly mentioned at PH No.17 in the notice) at village Rishdi Tahsil and District Korba.
4. According to the counsel for the petitioners, the petitioners are landless people having no place to reside except for the place where they are presently occupying and that petitioners already have been provided with all the basic amenities by the local administration like Electricity, Water, Sewerage , Ration Card, Voter ID etc. and abruptly now respondents have issued a notice for eviction giving 4-5 days time for removal of possession from the said subject land.
5. According to the counsel for the petitioners, even if the petitioners are illegal encroachers the Chhattisgarh Land Revenue Code provides for a specific provisions which deals with removal of encroachment under Provision of Chhattisgarh Land Revenue Code, the notice of eviction by the respondent no.5 now would be therefore perse bad in law.
6. State counsel on the other hand submits that admittedly the petitioners are illegally occupying the said land. That there is no such land allotted to the petitioners, neither is there any application made by them at any point of time. That the said piece of land has already been allotted for the purpose of construction of employees and staff quarters of District Court, Korba and other Government Department.
7. On the previous date of hearing, learned State counsel was directed to ascertain whether any proceeding under Section 248 have till date been initiated against the petitioners.
8. Today when the matter is taken up for hearing, learned State counsel submits that since there are 4 or 5 similar matters where records shows that proceedings under Section 248 of the Chhattisgarh Land Revenue Code had been initiated and final orders have been passed and where also identical impugned orders were passed dated 28.11.2022 by the Tahsildar. In all probability there may have been proceedings drawn against the petitioners also though there is no such proof available in the pleadings, nor any such instruction had initially got communicated from the State Department. Nonetheless, in case if proceedings have not been initiated, the petitioners would be vacated from the said land only after following due provision of law.
9. Given the submissions made by the counsel for the respondent-State, these writ petitions at this juncture stands disposed of permitting the respondent-State to ensure after due verification of facts as to whether any proceeding under Chhattisgarh Land Revenue Code, particularly under Section 248 of the said Code has been initiated against the petitioners or not. If proceedings have not been initiated, let petitioners be vacated from the said premises only after conclusion of the proceedings to be drawn under Section 248 of Chhattisgarh Land Revenue Code. However, it is made clear that in the event, if any such orders have been passed, the same should be communicated to the petitioners which would enable the petitioner to assail the same,
