Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 04/08/2026

Case Overview

  • Petitioner: Dipesh Kumar Nathwani, S/o Mansukh Lal Nathwani, aged about 54 years, residing at Plot No. 11, Ward‑No. 10, Shiv Mandir Colony, Shanti Nagar, Supela, Bhilai, District Durg, Chhattisgarh.
  • Respondents:

1. State of Chhattisgarh, through the Secretary, Government of Chhattisgarh, Urban Administration and Development Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur.

2. Commissioner, Municipal Corporation Bhilai, District Durg.

3. Collector, Durg District.

4. Estate Officer, Municipal Corporation Bhilai.

5. Senior Superintendent of Police, Durg District.

6. Indrajeet Singh, S/o Late Shri Kartar Singh, aged about 61 years, residing at Quarter 1/A, Street No. 7, Sector 2, Bhilai, District Durg.

  • Counsel: For petitioner – Mr. Chandresh Shrivastava (Advocate). For respondents – Mr. Siddhanth Das (Advocate) and Mr. S.S. Choubey (Government Advocate).
  • Reliefs Sought (Petition Items 10.1‑10.6):
  • Call for the entire case records (10.1).
  • Quash letters dated 30‑07‑2026, 27‑07‑2026 and notice dated 07‑07‑2026 issued to the petitioner (10.2).
  • Declare the petitioner’s construction on his land as legal and not unauthorized (10.3).
  • Issue a writ of mandamus restraining the respondents from demolishing any remaining construction without a hearing and without identifying unlawful portions (10.4).
  • Grant any other relief deemed fit (10.5).
  • Award full costs of the petition against the respondents (10.6).
  • Submissions:
  • Petitioner's counsel argued that the Municipal Corporation, under the pretext of removing encroachment on government land, was attempting to demolish construction that is entirely on the petitioner’s own land, for which no encroachment exists.
  • Respondent Municipal Corporation’s counsel asserted that no action would be taken without due process, including issuance of notice and a hearing, and that any adverse finding after due process would be acted upon according to law.

Court Observations & Directions

1. The Municipal Corporation, Bhilai, must proceed only after complying with due process of law and affording the petitioner a hearing, even if the construction is allegedly unlawful, in line with the Supreme Court’s directives in Directions in the matter of demolition of structures, in Re (2024 SCC Online SC 3291) (Paragraph 5).

2. The Municipal Corporation is expected to act in accordance with the Supreme Court guidelines before taking any action (Paragraph 6).

3. No coercive action shall be taken against the petitioner unless the requisite procedures are complied with; the order must be obeyed before any demolition (Paragraph 7).

4. Counsel for the Municipal Corporation is directed to communicate this order to the concerned Commissioner (Paragraph 8).

5. The petition is disposed of with the above observations and directions, and costs are awarded against the respondents (Paragraph 9).

Final Outcome

  • The High Court ordered the Bhilai Municipal Corporation to halt any demolition of the petitioner’s construction until a proper hearing is conducted and due legal procedures are followed, referencing the Supreme Court’s 2024 demolition guidelines. The petition was dismissed with costs awarded to the petitioner, and the order must be communicated to the Commissioner.

Topics: Land Dispute, Municipal Authority, Legal Procedure