NAFR Digitally signed by INDRAJEET HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET SAHU SAHU Date:

2026.03.23

18:35:31 +0530 WP No. 2818 of 2003

1 - Smt.Puspa Devi Agrawal (died) through LRs

1.1 - Nirmala Agrawal W/o Lt. Subhash Agrawal Aged About 59 Years R/o Shriji Heights, Flat No.-101, Civil Line, Behind Electric Office, Byron Bazaar, Prem Kunj, Govind Kunj, Raipur, Chhattisgarh.

1.2 - Kanhaiya Agrawal S/o Lt. Subhash Agrawal Aged About 37 Years R/o Shriji Heights, Flat No.-101, Civil Line, Behind Electric Office, Byron Bazaar, Prem Kunj, Govind Kunj, Raipur, Chhattisgarh.

1.3 - Parag Agrawal S/o Lt. Subhash Agrawal R/o Shriji Heights, Flat No.-101, Civil Line, Behind Electric Office, Byron Bazaar, Prem Kunj, Govind Kunj, Raipur, Chhattisgarh.

1.4 - Mona Agrawal W/o Bivek Jindal Aged About 39 Years R/o 902 Beach Park, B.L.V.D. Apt 133, Foster City, C.A. 94404, San Francisco.

2 - Subhash Chandra Agrawal (died)

... Petitioner(s)

Versus

1 - State of Chhattisgarh Through The Secretary Revenue Department, DKS Bhawan Raipur (C.G.)

2 - The Secretary Urban Administration And Development Department, DKS Bhawan, Raipur (C.G.)

3 - Municipal Corporation Raipur, Through Its Commissioner, Municipal Corporation Raipur (C.G.)

4 - Raipur Development Authority, Through The Chief Executive Officer, 2nd Floor, Bhakt Mata Karma, Commercial Complex, New Rajendra Nagar, Tahsil And District Raipur (C.G.)

... Respondent(s)

For Petitioners : Shri Sachin Nidhi, Advocate.

For State : Ms. Supriya Upasne, Govt. advocate and Ms. Isha Jajodiya, Panel Lawyer.

For Respondent No.4 : Shri Udit Khatri, Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

12.03 . 202 6

1. This petition under Article 226/227 of the Constitution of India has been filed by the petitioners for vacant possession of their land which were illegally possessed by the respondents, and alternatively claimed allotment of Plot No.B-32 & C-22, situated at Devendra Nagar, Raipur, or any other alternative suitable land, and also for exemplary costs, and prayed for the following reliefs :

“7.1 That the respondents Municipal Corporation be directed to handover the vacant possession of the land belongs to the petitioners which was illegally acquired by them.

7.2 That the respondent Corporation may kindly be directed to allot alternative land bearing plot No.B-32 and C-22 falling in the Devendra Nagar.

7.3 The respondents be directed to allot the alternative land to the petitioners as per their own choice, out of the vacant land still lying in the Devendra Nagar Scheme.

7.4 The petitioners be awarded exemplary cost of Rs.10 lacs for the illegal and arbitrary action of the respondents.”

2. The facts of the case are that, the original petitioners Smt. Pushpa Devi Agrawal and Subhash Chandra Agrawal owned the land in question bearing Khasra No.178 Area 450 Sq.ft. and Khasra No.178 Area 720 Sq.ft. situated at Pandri Raipur. They purchased the land from its owner Smt. Charanjeev Kaur through registered sale deeds in the year 1981. After their purchase, the said lands were occupied illegally by Raipur Development Authority (in short, RDA) and had constructed approach road without informing the petitioners. On 22.02.1983 the petitioners served a legal notice to RDA and after receiving notice, the RDA asked the petitioners to furnish details of their land vide letter dated 04.03.1983. In response to letter dated 04.03.1983, the petitioner submitted relevant documents to RDA, but their lands were not vacated. On 10.05.1983 another letter was issued by the RDA that the petitioner’s land will be acquired and in lieu thereof, they will provide developed plot or compensation to the petitioners. On 08.08.1986 the petitioners gave their proposal for allotment of alternative developed plots, and in reply thereof, the RDA issued letter on 27.09.1988 that the land of the petitioners have already been vested under Devendra Nagar Scheme and they are considering allotment of alternative plot to the petitioners. It is als