Kafeel Ahmed Khan v. Municipal Corporation Raipur

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2340 of 2021

1. Kafeel Ahmed Khan S/o Mr. Abbas Khan Aged About 63 Years

2. Smt. Sabiha Khan W/o Mr. Kafeel Ahmed Khan Aged About 55 Years Both are Resident Of Raza Masid Gali, Maudhapara, Raipur Chhattisgarh. ---- Petitioners

Versus

1. Municipal Corporation Raipur Through Its Commissioner, Municipal Corporation, Raipur (Chhattisgarh)

2. The Commissioner Municipal Corporation Raipur, Raipur, Distt. Raipur Chhattisgarh.

3. Zone Commissioner Zone No. 4, Municipal Corporation, Raipur (Chhattisgarh) ---Respondents For petitioners - Shri Raza Ali, Advocate.

For respondents/Municipal Corporation- Shri Pankaj Agrawal, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 10/06/2021 Heard.

1. Challenge in this petition is to the letter dated 4/06/2021 issued by the Municipal Corporation, Raipur wherein the petitioners have been asked to submit necessary documents with respect to ownership/lease of premises on what basis they are in occupation of premises. A time limit of seven days has been given. The notice purports that in absence of any valid paper the superstructure would be forcefully demolished.

2. Learned counsel for the petitioners submits that on the earlier occasion similar notice was given, however Municipal Corporation submitted that the person who are evicted shall be rehabilitated, it was in the year 1997. Thereafter nothing has transpired and again this notice has been given and the petitioners are in occupation of the superstructure for which taxes are paid, therefore notice in question be quashed.

3. Learned counsel for respondents/Municipal Corporation would submit that the petitioners are in occupation of the land without there being any valid lease or any document of ownership of the area wherein he is in occupation. Learned counsel further submits that with the change of time and circumstances necessitated all occupation of the petitioners are required to be ascertained. Therefore they have been asked to submit documents. Learned counsel submits that if the petitioners do not have any valid document of ownership or valid existing lease in their favour they cannot continue only on the mere basis of the tax receipts which do not confer any title. It is submitted that in few cases temporary lease of petitioners had expired long back. Learned counsel for the Municipal Corporation on instruction would submit that respondents/Municipal Corporation would consider the case of the petitioners if they file reply alongwith the relevant documents and thereafter after giving them opportunity of hearing the orders will be passed.

4. In view of such submission, nothing remains to be adjudicated at this stage by this Court. It is directed that the petitioners shall be at liberty to file the reply alongwith all the relevant documents before the Municipal Corporation, Raipur within a period of seven days. Thereafter in the event the reply alongwith relevant documents are filed, after giving opportunity of hearing to the petitioners, the respondent/Municipal Corporation shall decide the cause of the petitioners within a period of 30 days. Till then no forceful demolition or dispossession of the petitioners shall be made.

5. With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge gouri