2026:CGHC:7519-DB NAFR Digitally signed INDRAJEET by INDRAJEET SAHU HIGH COURT OF CHHATTISGARH AT BILASPUR SAHU Date: 2026.02.13 19:20:45 +0530 WA No. 131 of 2026

1 - Aslam Hussain S/o Shri Nazim Hussain Aged About 60 Years Budhwari Bazar, Railway Station Bilaspur, District Bilaspur, Chhattisgarh.

--- Appellant Versus

1 - South East Central Railway Through The General Manager, SECR Zonal Office, Bilaspur, Chhattisgarh. (Respondent No.1).

2 - Estate Officer Additional Divisional Railway Manager-I, SEC Railway, DRM Office, Bilaspur, Chhattisgarh. (Respondent No.2).

3 - Divisional Railway Manager (DRM) DRM Office, Bilaspur, Chhattisgarh.

(Respondent No.3).

4 - Senior Divisional Engineer (Settlement) South East Central Railway, Bilaspur Division, Bilaspur, Chhattisgarh. (Respondent No.4).

5 - Assistant Divisional Engineer (Settlement-II), South East Central Railway, Bilaspur Division, Bilaspur, Chhattisgarh. (Respondent No.5).

6 - Senior Section Engineer (Works), Market South East Central Railway, Bilaspur Division, Bilaspur, Chhattisgarh. (Respondent No.6).

--- Respondent(s)

WA No. 132 of 2026

1 - Mr. Kamal Kumar Bajaj S/o Shri R.N. Bajaj Aged About 62 Years C/o Dolly Dresses, In Front of Gate No.4, Bilaspur Railway Station, Budhwari Bazar, Bilaspur (C.G.)

---Appellant Versus

1 - Union of India Through Its Senior Divisional Engineer (Settlement), South East Central Railway, District Bilaspur (C.G.)

2 - General Manager SECR, District Bilaspur (C.G.).

--- Respondent(s)

For Appellants : Shri Manoj Paranjpe, Sr. Advocate along with Shri Amrito Das and Shri Ali Asgar, Advocates.

For Respondents : Shri Ramakant Mishra, Deputy Solicitor General and Ms.Annpurna Tiwari, Advocate.

Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

11.02.2026 Per, Ramesh Sinha, CJ .

1 Since common facts and issues are involved in both the appeals and arise out of same impugned order, they are being heard and decided together by this common judgment.

2 Aggrieved by the order dated 15.01.2026 passed by learned Single Judge in WPC Nos.6163 of 2024, 5086 of 2024 and other connected matters, both the appeals have been filed by the appellants. Learned Single Judge vide impugned order, has disposed of the writ petitions filed by the appellants herein by modifying the interim order passed in writ petitions on 08.10.2024.

3 Subject matter in brief is that, the respective petitioners/writ appellants were the allottees of land belonging to respondents Railway situated at Budhwari Bazar, Bilaspur, adjoining to Railway Station, Bilaspur. The lands were allotted to them wayback in the year 1980 and license was issued by the Railway. The appellants constructed shop, started the business and earning their livelihood since then. During the period of license, they have paid the entire taxes and other relevant dues to the concerned department from time to time. Initially the license was granted for a period of three years and even thereafter the Railway accepted the taxes and other premium paid by the appellants without any hindrance. Though, even after expiry of lease no fresh lease was executed in favour of appellants but Railway accepted the lease rent/premium and other taxes, the appellants continued in the subject land and earning their livelihood by their occupation over the said shops. Adjacent to the said shops of the appellants, a busy moving area is there due to the adjoining Railway Station, Bilaspur as well as Budhwai Bazar. By the lapse of time, the Railway proposed the development plan of the Railway Station and adjacent area for which the said lands of appellants were required and accordingly Railway issued notices to them directing payment of license fee due against them and if they do not vacate the premises within seven days, the proceeding under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (in short, The Act, 1971) will be initiated. The said notices dated 03.10.2024 were under challenge in respective writ