The Chhattisgarh High Court at Bilaspur has stepped in to protect the rights of a woman shop allottee in Dhamtari district, ruling that the municipal body acted hastily and without due process. The order came on Thursday in the case of Smt. Komal Devi Punjabi vs State of Chhattisgarh, heard by Justice Sanjay S. Agrawal.
Background
Komal Devi Punjabi, a 48-year-old resident of Nagri in Dhamtari, was allotted an unconstructed shop at the Indira Market Complex through a municipal council resolution passed in October 2019. She deposited ₹50,000 as premium and agreed to pay a monthly rent of ₹460.
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However, a few months later, on February 25, 2020, the Chief Municipal Officer ordered her to vacate the shop within 24 hours, citing a direction from the state government. Officials claimed her allotment violated the Chhattisgarh Municipalities (Transfer of Immovable Property) Rules, 1996, and said the construction could be demolished.
Court's Observations
The bench took a critical view of how the eviction order was passed. Justice Agrawal noted that while the petitioner had duly paid her premium and rent, the cancellation decision was taken behind her back.
"The inquiry report that formed the basis of the state’s order was never supplied to the petitioner. More importantly, she was not given any opportunity to present her case before the cancellation," the judge observed.
The court also found fault with the speed of action.
"Directing removal of construction within 24 hours without hearing the party is arbitrary," the bench remarked.
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Decision
After examining the facts, the High Court set aside the February 25, 2020 notice. It directed the authorities to give Komal Devi a proper opportunity of hearing before taking any further steps.
The judge clarified that the municipal body is free to conduct a fresh inquiry or initiate action, but only after following principles of natural justice. With this direction, the writ petition was disposed of.
Case Title: Smt. Komal Devi Punjabi vs State of Chhattisgarh & Others
Case No.: WPC No. 828 of 2020
Date of Order: 4 September 2025
