Demolition of residential structures on government land requires prior demarcation and adherence to principles of natural justice.

The petitioner, a resident of Village Akalwara, claimed lawful possession of residential land based on an initial allotment of 750 sq. meters in 2002 and subsequent allotments under the Mukhyamantri Aabadi Patta Scheme in 2018 (Khasra Nos. 565 and 566)

The respondent authorities (specifically the Tahsildar and Gram Panchayat) alleged that the petitioner had encroached upon Government land (Khasra No. 567) and demolished the petitioner's pucca house on December 10, 2025

The petitioner approached the High Court seeking a mandamus to prevent interference with his lawful possession and claiming compensation, asserting that the demolition occurred without proper demarcation or due process

1. Whether the respondent authorities' actions in demolishing the petitioner's property were arbitrary and in violation of the principles of natural justice

2. Whether proper demarcation of the land is required to distinguish between the petitioner's allotted land and the alleged encroached Government land prior to eviction proceedings

Chhattisgarh Land Revenue Code, 1959, which governs the identification, demarcation, and removal of encroachments from Government land

Principles of Natural Justice, emphasizing that administrative action involving the deprivation of property must follow due process, including the right to a fair hearing and conclusive determination of facts (such as boundaries) in the presence of affected parties

The Court observed that the crux of the dispute was a factual controversy regarding the exact measurement and demarcation of the petitioner’s allotted land versus the alleged encroached area

It noted that the respondent authorities had initiated proceedings, but the demarcation had not been conclusively determined in the presence of all concerned parties

The Court reasoned that since the petitioner held valid pattas (land titles), his possession of the allotted land could not be disturbed except by following the procedure established by law

To resolve the conflict fairly, the Court determined that the matter must be relegated to the competent revenue authority (Tahsildar) to conduct a fresh, transparent measurement to identify any actual excess occupation

The Tahsildar was ordered to conduct an official demarcation in the presence of the petitioner and other parties and pass a reasoned order within three months

The Court held that the land covered by the petitioner's valid patta shall not be disturbed; however, if demarcation reveals occupation of excess land, the petitioner must vacate it, and the authorities may proceed according to law

No order as to costs was made