Long-Time Land Occupant Gets 60-Day Protection From Coercive Action, Chhattisgarh HC Directs Fresh Rehabilitation Application be Considered

The petitioner claimed possession of a 562.64-square-foot plot originally granted on lease to Kanhaiya in 1984, which she said she purchased through an Ekrarnama dated 1 June 1991.

She applied on 30 June 2022 for regularisation and leasehold rights, and proceedings were initiated under Section 5-A of the 1984 Act.

After the State withdrew earlier regularisation circulars by circular dated 23 July 2024, the proceedings were closed; the closure was subsequently affirmed, and the Commissioner rejected her appeal by order dated 19 June 2025.

The petitioner challenged the circular and order, arguing that her application should be decided on its merits under the applicable statutes.

The State relied on the withdrawal of the circulars and a notification dated 13 May 2026 setting eligibility criteria, including a family-income limit.

The judgment referred to proceedings initiated under Section 5-A of the Act of 1984 and to Section 12 of the Chhattisgarh Nagriya Kshetron Ke Awasheen Vyakti Ko Pattadhriti Adhikar Adhiniyam, 2023, which the petitioner relied on as providing for regularisation of land held by eligible persons.

The State relied on the circular dated 23 July 2024 withdrawing earlier circulars concerning urban government land and regularisation, and on the notification dated 13 May 2026 prescribing eligibility criteria for lease grants.

The Court did not interpret or decide the effect of these provisions, circulars, or notification on the merits of the petitioner’s claim, and cited no precedent.

The Court did not decide whether the withdrawal of the earlier circulars barred consideration of the petitioner’s pending claim, or whether she satisfied the statutory eligibility requirements.

Instead, taking account of her assertion of long-standing possession and residence on the land, it directed her to file an appropriate application for rehabilitation under the applicable law.

The authorities were required to consider that application, invite objections, hear necessary parties, and decide it within the prescribed period, without the Court expressing a view on the merits.

The concerned authorities must consider and decide it within a further 60 days, after inviting objections and hearing necessary parties.

No coercive steps may be taken against the petitioner during that 60-day period.

The Court expressly left the merits of the claim open.