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2026 Supreme(Online)(Chh) 15112
HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
HARIPRIYA JOSHI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC No. 2147 of 2026
For the Appellants/Petitioners: Bhaskar Payashi
For the Respondents: S.S. Choubey
The court held that a senior citizen who acted in good faith should be granted an opportunity to seek regularization of unauthorized construction from the competent authority under the Town and Country Planning Adhiniyam, 1973, before coercive demolition action is taken.
Headnote:(A) Administrative Law - Demolition Notice - Natural Justice - Issuance of demolition notice without providing an opportunity for hearing or allowing the party to approach the correct competent authority for regularization is an issue of fairness, especially for senior citizens acting in good faith. (Para 4, 7)
(B) Town and Country Planning - Jurisdiction - Regularization of Construction - Where construction is deemed unauthorized due to lack of permission from the specific competent authority (Town and Country Planning Department), the party should be granted liberty to seek statutory regularization before coercive action is taken. (Para 6, 8)
Issues: Whether the petitioner should be granted an opportunity to seek regularization of her residential construction from the competent authority before the demolition notice is executed.
| Table of Content |
|---|
| 1. petitioner challenges demolition notice for residential house built on ancestral land. (Para 1 , 2 , 3) |
| 2. dispute over authorization and the right to seek regularization from the competent authority. (Para 4 , 5) |
| 3. petitioner must approach town and country planning authority for necessary permissions. (Para 6 , 7) |
| 4. liberty granted to seek regularization; coercive demolition stayed pending decision. (Para 8 , 9 , 10 , 11) |
(Cause-title taken from the Case Information System)
Order On Board
1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner calling in question the legality and validity of the demolition notice dated 21.04.2026 issued by respondent No.3, whereby the petitioner has been directed to demolish her residential construction, failing which coercive action has been proposed. The petitioner has prayed for quashment of the said notice and for protection against demolition of her residential house.
2. The case of the petitioner, in brief, is that the petitioner is a 66-year-old widow residing in her residential house constructed over ancestral land bearing Khasra No.147/69 situated at Village Dargahan. It is submitted that the petitioner had obtained a No Objection Certificate from the Gram Panchayat and thereafter raised construction in the year 2022. The petitioner had also applied for diversion of land before the Sub-Divisional Officer (Revenue), who initially directed payment of requisite fees and cess, which the petitioner duly deposited. However, the said application was subsequently rejected on 12.01.2023 on the ground that the land falls within Charama Nivesh Kshetra and the competent authority is the Town and Country Planning Department. Thereafter, the impugned demolition notice dated 21.04.2026 has been issued directing demolition of the petitioner’s house.
3. Following reliefs have been prayed by way of this petition:-
“10.1 That this Hon'ble Court may kindly be pleased to call for entire records from the Respondent No.3 on the basis of which notice (Annexure-P/1) is issued and record of case Nos. 202203142400013, Category A-2 filed by Harichand decided on 23/03/2022 and Case No. 202305142400028, Category A-2 filed by Shravan Kumar decided on 04/08/2023 from the Office of Sub-Divisional Officer (Revenue) Tahsil Charama, District North Bastar Kanker, for kind perusal of this Hon'ble Court;
10.2 That, this Hon'ble Court may kindly be pleased to issue writ/order for quashing the impugned demolition notice dated 21/04/2026 (Annexure-P/1) Issued by respondent No. 3.
10.3 That, this Hon'ble Court may be pleased to direct the respondents not to take any coercive action on the basis of illegal and arbitrary notice against the petitioner's residential house;
10.4 That, this Hon'ble Court may be pleased to issue a writ in the nature of mandamus directing the respondent authorities to regularize/process the diversion of the petitioner's land in view of the fees already deposited and the NOC obtained from the Gram Panchayat as the application of other villagers have been allowed by Sub-Diviosional Officer (Revenue) Tahsil Charama;
10.5 That this Hon'ble Court may kindly be pleased to grant any other relief(s) as deemed fit and necessary by this Hon'ble Court in the facts and the circumstances of the case.”
4. Learned counsel for the petitioner submits that the impugned notice is arbitrary, illegal and violative of principles of natural justice, as no prior opportunity of hearing was granted before issuance of demolition notice. It is further submitted that the petitioner had acted bona fide by obtaining NOC from the Gram Panchayat and by depositing the requisite charges as directed by the revenue authorities. It is further contended that the rejection of diversion application by the Sub-Divisional Officer (Revenue) on the ground of lack of jurisdiction indicates that the competent authority is the Town and Country Planning D
