The Chhattisgarh High Court at Bilaspur has struck down a demolition notice issued to a woman shop allottee in Dhamtari district, holding that the authorities acted without giving her a fair hearing. Justice Sanjay S. Agrawal delivered the order on September 4, 2025, in a petition filed by Smt. Komal Devi Punjabi.
Background
Komal Devi, a 48-year-old resident of Nagri, had been allotted a shop space in the Indira Market Complex through a resolution passed by the Nagar Panchayat Council in October 2019. She paid a premium of ₹50,000 and agreed to monthly rent of ₹460. However, in February 2020, the Chief Municipal Officer suddenly ordered her to vacate the shop within 24 hours, threatening demolition of the structure she had raised.
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Her counsel argued that the eviction order stemmed from a State Government directive dated February 6, 2020, but she was never given a chance to present her side. “The allotment was legal under Section 109 of the Municipalities Act, yet the authorities acted arbitrarily,” the lawyer told the bench.
Court’s Observations
The State and municipal authorities opposed the petition, insisting the allotment violated the Chhattisgarh Municipalities (Transfer of Immovable Property) Rules, 1996. They maintained that an inquiry had exposed irregularities and cancellation was proper.
But the court found fault with the process. “The decision was taken behind the back of the petitioner. Even a copy of the inquiry report was not supplied,” Justice Agrawal remarked.
He stressed that fundamental fairness requires an opportunity of hearing before such drastic action. The judge also noted that the petitioner continued to pay rent, which strengthened her claim of a valid allotment.
Decision
Concluding that the eviction notice dated February 25, 2020, was both illegal and arbitrary, the High Court set it aside. The bench directed the authorities to give Komal Devi a proper hearing and only then decide whether any further inquiry or action was needed. With these directions, the writ petition was disposed of.
Case Title: Smt. Komal Devi Punjabi vs State of Chhattisgarh & Others
Case Number: WPC No. 828 of 2020
Date of Judgment: 4 September 2025
