NONI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner is aggrieved by illegal demolition of her house situated at village Dharasiw, Up Tahsil Bhatgaon, Tahsil Bilaigarh, District Baloda Bazar-Bhatapara for which she seeks compensation of Rs.6,00,000/- from the respondents with further prayer to direct the respondent No.1 to initiate action against the respondents No.2 to 9.

(2.) According to the petitioner, the subject land was purchased by her father Chheduram from Prabha Devi, Indira and Prabhuvan Pratap Singh for valuable consideration of Rs.4500/- by registered sale deed dated 24-3-1978. Petitioner's name was mutated in the revenue record on the basis of registered WILL executed by her mother Sukwara Bai on 18-5-1990. Petitioner was, thus, in lawful possession of the house constructed by her father over the subject land. However, the respondents No.3 to 9 in conspiracy with the respondent No.2 demolished the house despite production of document relating to title.

(3.) On the application of the husband of the petitioner under the provisions of the Right to Information Act, 2005 (for short 'the RTI Act') he was informed that a show cause notice was issued to him on 28-1-2018 for encroachment over the subject land treating the same to be Government land. It is also highlighted that the said notice was, in fact, issued on 28-2-2018 (Annexure - P/4) fixing the date of hearing as 8-2-2018. It is mentioned in the show cause notice that husband of the petitioner has occupied 2400 sq.ft. of Government land bearing khasra No.16 even though the said land has been donated.