Raipur Shop Occupants Facing Demolition Can Raise Objections Before Corporation, Which Must Decide Any Application Reasonedly, Preferably Within 30 Days

The petitioners challenged a notice dated 29 September 2026, served on 23 October 2026, issued by the Zone Commissioner under Sections 309 and 310 of the Chhattisgarh Municipal Corporation Act, 1956, directing immediate removal or demolition of the shop premises occupied by them.

They contended that the notice was arbitrary, that no structural audit or safety assessment had been supplied, and that their objections and police complaint had not been considered.

The petitioners sought, among other reliefs, quashing of the notice and a fresh structural audit.

The State and Municipal Corporation opposed the petition, submitting that the notice was issued under statutory powers concerning building safety.

The notice was issued under Sections 309 and 310 of the Chhattisgarh Municipal Corporation Act, 1956, which the respondents relied upon as conferring municipal powers concerning building safety and condition.

The Court did not decide the substantive scope of those provisions or determine the merits of the petitioners’ objections. It directed that any application raising those objections be considered in accordance with law through a reasoned and speaking order, with the objections assessed independently.

In view of the nature of the dispute and the parties’ submissions, the Court considered it appropriate for the petitioners to place their grievances before the competent Municipal Corporation authority rather than determine the merits of the notice in the writ petition.

The Court therefore left the objections—including those concerning the notice and the asserted procedural deficiencies—to be considered by that authority, while requiring a reasoned decision and directing that the authority not be influenced by observations in the Court’s order.

The Corporation was directed to decide the application in accordance with law by a reasoned and speaking order, preferably within 30 days of receipt.

The writ petition was disposed of, without a determination on the merits of the impugned notice.