2026:CGHC:12100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 82 of 2026

1 - Vishal Khandelwal S/o Omprakash Khandelwal Aged About 35 Years R/o Satkar Hotel Gali, Station Road, Narmadapara, Raman Mandir, Ward No. 14, Raipur, District Raipur Chhattisgarh

2 - Smt. Juhi Khadelwal W/o Vishal Khandelwal Aged About 36 Years R/o Satkar Hotel Gali, Station Road, Narmadapara, Raman Mandir, Ward No. 14, Raipur, District Raipur Chhattisgarh ... Petitioners versus

1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

2 - Collector Raipur District Raipur Chhattisgarh

3 - Commissioner Municipal Corporation, Raipur, District Raipur Chhattisgarh 4 - Joint Director Town And Country Planning, R D A Building, Shastri Chowk, Raipur, District Raipur Chhattisgarh

5 - Zone Commissioner Zone-2, Municipal Corporation, Near Shahid Smarak School, Raipur, District Raipur Chhattisgarh

6 - Sourabh Gupta S/o Shri Ram Sahodar Gupta Aged About 33 Years R/o Station Road, Narmadapara, Raman Mandir, Ward No. 14, Raipur, District Raipur Chhattisgarh

7 - Mukesh Khandelwal S/o Shri Ashok Khandelwal Aged About 38 Years R/o Station Road, Narmadapara, Raman Mandir, Ward No. 14, Raipur, District Raipur Chhattisgarh ... Respondents

13.03.2026

1. Petitioners have filed this review petition seeking review of order dated

07.12.2025 passed in writ petition bearing WPC No. 6419 of 2025 filed by respondent no. 6 and 7 herein in this review petition.

2. Learned counsel for petitioners submits that order subject matter of review dated 17.12.2025 passed in WPC No. 6419 of 2025 has been passed without any notice. He submits that taking undue advantage of observation made by this Court the Municipal Corporation has started demolition of building constructed by petitioners herein. The action on the part of respondents of demolition which is subject matter of this review is without providing any opportunity of hearing, therefore, the order be reviewed accordingly. He further submits that counsel representing Municipal Corporation in WPC No. 6419 of 2025 stated that petitioners herein have filed an appeal under Section 403 which got dismissed was not correct, whereas the appeal preferred before Mayor in Counsil is pending even today. During course of argument today also, counsel representing Corporation has made submission that the appeal preferred before Appeal Committee Mayor-in-Counsil is pending, therefore, the order subject matter of writ petition be reviewed. He also submits that earlier the area in which petitioners have constructed the building was a residential area in the master plan of Corporation. However, subsequently, vide notification dated 09.11.2022 the said area has been declared to be commercial area (bearing Khasra No. 497). If for any reason the building is not constructed according to the sanctioned map then petitioners are having a remedy to file appropriate application for regularization of the construction, to which appropriate application is made before the appropriate authority which is also still pending consideration.

3. Learned counsel for Municipal Corporation would submit that petitioners herein were given multiple notices under Section 307 of the Municipal Corporation Act, 1956 and last notice i.e. the final notice was issued on 20.03.2023. Referring to notice which is subject matter of writ petition bearing WPC No. 6419 of 2025 it is pointed out that the first notice was issued on 18.10.2021, and thereafter the third notice was issued on 7.02.2023 as it is mentione