Municipal Corporation Must Consider Encroachment Reply Before Taking Coercive Action

The petitioners challenged a Municipal Corporation, Bhilai notice dated 09.09.2026 alleging encroachment in connection with a proposed Canal Road.

They contended that the construction had been carried out under sanctioned building permission and a completion certificate issued by the Corporation, and that their detailed reply, submitted on 10.09.2026, had not been considered.

They sought quashing of the notice and, in the event of acquisition, compensation at current market value.

The Corporation submitted that it would consider the reply and either drop the notice if no encroachment was established or proceed in accordance with law.

1. Whether the Court should intervene in the challenge to the notice alleging encroachment when the petitioners’ reply remained to be considered by the competent authority.

2. Whether coercive steps should be restrained pending consideration of the petitioners’ reply and a decision by the competent authority.

The Court did not identify or apply a specific statutory provision, precedent, or substantive legal doctrine in deciding the petition.

The notice reportedly invited a reply and contemplated consideration under the Municipal Corporation Act, 1956, but the Court’s directions were procedural and did not determine the parties’ substantive rights under that Act.

The petitioners’ reply had not yet been considered, and the Corporation undertook to consider it and proceed according to the outcome.

In those circumstances, the Court directed the petitioners to appear before the competent authority and required that authority to consider the reply and pass an order in accordance with law.

It restrained coercive action in the interim, while expressly leaving the merits of the alleged encroachment open.

The petitioners were directed to appear before the competent authority on 14.10.2026, and the authority was directed to consider their reply and pass an appropriate order by 16.10.2026.

No coercive steps were to be taken against the petitioners in the meantime.