RAIPUR: Chhattisgarh high court was re-opened late on Thursday night to hear a petition challenging evacuation from their land at Baghbahara in Mahasamund district and stayed the evacuation order issued by the tehsildar and municipal authorities.
The bench of Justice P Sam Koshy granted the stay at 11 PM on the petitions filed by Fuldas Kosariya (45) and Yogesh Gandecha (44) challenging an evacuation notice from Baghebahara tehsildar. Besides, the local municipal office also issued a notice to them giving an ultimatum to vacate their land within 24 hours. Petitioners counsel Waquar Naiyer told TOI that the petitioners have been staying on their land since the pre-independence era.
The petitioners came to me around 5.30 pm on Thursday and narrated the entire episode. Without any delay, I requested the authority concerned of the High Court for permission for the hearing of the case keeping in mind the sensitivity of the case. The HC granted permission for the hearing at 10 PM after the completion of necessary formalities.
The hearing of the case started by Justice P Sam Koshy at 10.50 pm and stay order on the evacuation notice came at 11 pm, he said.
Besides Naiyer, counsels Faiz Kazi, Pranjal Shukla, Shantam Awasthi and Abhishek Banjare appeared for the petitioners.
Petitioners counsel argued that the Chhattisgarh Nagariya Kshetra Ki Bhumi Vidhayak Adhiniyam 1984 allows ownership rights to the petitioners. The provisions of the act read that those residing in a house constructed on government land before 2002 have rights to get patta of the same land and if they are not issued patta then they are deemed to be pattadhari. The Act also says that the government should either provide compensation or land at other locations if it feels that the evacuation is unavoidable in the larger interest, but here in this case rules were violated, he contended.
Petitioners counsels submitted that they have been paying the tax to the municipal corporation since 1982. It is a violation of Article 21 of the Constitution to carry out evacuation after office and court hours, the advocates said.
According to the petitioners, the evacuation notice was served following pressure from some influential people in Bagbahara. They submitted that some elected public representatives were trying to capture the land.
Earlier, Mohan Vishwakarma, who resides in the same locality, received evacuation notices from the aforesaid local bodies but he later moved to the high court and obtained a stay on August 1. After HC granted a stay, the authorities reached Lalpur village in Baghbahara tehsil after office hours on Thursday for similar action.
