Chhattisgarh High Court
Property and Real Estate LawAdministrative and Public Law

After land-use restrictions are lifted, diversion applications must be decided in accordance with law.

SMT. RASHMI AGRAWAL vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 13, 20261 MIN READSOURCE JUDGMENT
After land-use restrictions are lifted, diversion applications must be decided in accordance with law.. SMT. RASHMI AGRAWAL vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged memos dated 15 June 2026 and 30 July 2026 imposing restrictions on the sale, transfer and diversion of land in villages proposed to be affected by a goods railway track, as well as an order dated 5 August 2026 concerning review of an earlier diversion order.

Source reference: para. 1–2

During the proceedings, the authorities issued a fresh memo dated 12 October 2026 lifting the restrictions.

Source reference: para. 2–3

The petitioner sought liberty to apply for diversion of land, and the State submitted that any such application could be considered by the competent authority in accordance with law.

Source reference: para. 2–3
02

Issues

Whether the subsequent lifting of the restrictions left any issue requiring further relief in the writ petition.

Source reference: para. 2–4

Whether the petitioner could apply to the competent authority for diversion of land, to be decided in accordance with law.

Source reference: para. 2–4
03

Law Applied

The Court identified no specific statute, rule, precedent or substantive legal test as the basis for its decision.

Source reference: para. 1–5

It disposed of the petition in light of the subsequent administrative action lifting the restrictions and left any future diversion application to be considered by the competent authority in accordance with law.

Source reference: para. 4
04

Reasoning

The Court noted that the memo dated 12 October 2026 had lifted the restrictions on sale, transfer and diversion of land, removing the restraint that had prompted the petitioner’s challenge.

Source reference: para. 4

It therefore did not adjudicate the validity of the earlier memos or review-related orders.

Source reference: para. 4

Instead, it granted the petitioner liberty to apply for diversion and directed that the competent authority consider and decide the application in accordance with law.

Source reference: para. 2–4
05

Holding

The Court held that, following the lifting of the restrictions, the petitioner was at liberty to file an appropriate diversion application before the competent authority, which must consider and decide it in accordance with law.

The writ petition was disposed of with that observation.

Source reference: para. 5
Chhattisgarh High Court

Original Court PDF

SMT. RASHMI AGRAWALvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 13, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment