2026:CGHC:17702 AVANISH KUMAR NAFR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.04.17 19:02:45 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1873 of 2026

1 - Mukesh Sahu S/o Kashi Sahu Aged About 35 Years R/o Bajrang Chowk, In Front Of Ganesh Temple Road, Ratakhar, Vtc Korba, P.O. Korba, Distt. Korba, Chhattisgarh. 495677. 2 - Rakhi Sahu W/o Mukesh Sahu Aged About 32 Years R/o Behind Daliya Godam, Near Tower, Korba Town, Korba, Chhattisgarh. 495678.

--- Petitioners versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Atal Nagar, Distt. Raipur, Chhattisgarh.

2 - The Commissioner Municipal Corporation, Korba, Chhattisgarh.

3 - Bhawan Adhikari (Building Officer) Municipal Corporation, Korba, Chhattisgarh.

4 - The Tahsildar Distt. Korba, Chhattisgarh. 5 - The Collector Distt. Korba, Chhattisgarh.

6 - Appellate Committee Municipal Corporation, Korba, Chhattisgarh.

--- Respondent(s)

For Petitioner(s) : Mr. Devarshi Thakur along with Mr.

Palash Jha, Advs.

For Respondents No. 1, 4 and 5: Mr. Anadi Sharma, Panel Lawyer.

For Respondents No. 2, 3 and 6: Mr. Shashank Thakur, Adv.

Hon'ble Shri Justice Naresh Kumar Chandravanshi

Order On Board

17-4-2026

1. Registry has pointed out some defaults in this writ petition.

2. Learned counsel for the petitioners is directed to remove the default No. 1 raised by the Registry during the course of the day. The default No. 2 raised by the Registry is waived.

3. With consent of learned counsel for the parties, heard the matter finally.

4. The petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :-

10.1 In light of the above submissions, it is humbly prayed that this Hon'ble Court may be pleased to quash the Notice dated

16.04.2026.

10.2 Direct the respondents not to proceed further, pursuant to issuance of the impugned notice dated 15.04.2026 (received on 16.04.2026) to the petitioners, & the action to be taken by the respondents.

10.3 Any other relief as deemed fit by this Hon'ble Court in circumstances of this case.

5. Learned counsel for the petitioners would submit that, vide impugned order (Annexure P-1) dated 15-4-2026, the respondent No. 3/Bhawan Adhikari of Municipal Corporation, Korba has directed the petitioners to remove the illegal construction from said government land immediately, else the illegal construction will be removed without any notice under Section 307 of the CG Municipal Corporation Act, 1956 (henceforth, referred to as ‘the Act of 1956’). Learned counsel further submits that, aforesaid notice is issued in clear violation of directions given by Hon’ble Apex Court in the case of Directions in the matter of Demolition of Structure, In Re [(2025) 5 SCC 1], wherein Hon’ble Supreme Court has held that, in demolition case, notice granting 15 days time is required to be given to the affected party. He also submits that, the petitioners have also filed an Appeal (Annexure P-12) before the Appeal Committee of Municipal Corporation, Korba under Section

403(3) of the Act of 1956.

6. In reply, learned counsel appearing for respondents No. 2, 3 and 6 would submit that, the respondent No. 2/ Commissioner rejected the appeal filed by the petitioners on 13-4-2026 and pursuant to that order, notice Annexure P-1 has been issued.

7. Heard learned counsel for the parties and perused the material available on record.

8. Perusal of Annexure P-1 dated 15-4-2026 shows that, petitioners have been directed to remove the illegal construction from the government land immediately, else, alleged illegal construction shall be removed without serving any notice. The manner in which notice (Annexure P-1) has been issued is completely illegal in the light of the judgment rendered by the Apex Court in the case of Directions in the matter of Demolition of Structure, In Re (supra), as the Hon’ble Apex Court has clearly held in the case that, no demolition should be carried out without a prior show ca