Y-d^\ v. Secretary, Revenue Department, D.K.S.Bhawan, Mantralaya, Raipur, District Raipur (CG)

The question as to whether the land occupied by the petitioner belongs to him or is a part of Government land is a disputed question of fact, which cannot be gone into in this writ petition. However, at the same time, is also to be seen that if the petitioner is in possession of the ^ land/building, which belongs to him, he is entitled to be protected in law. Therefore, the writ petition is disposed of in following manner: ^ £ i. The respondents, more particularly, respondents No.3 & 4 shall demarcate the land in possession of the petitioner in his presence and shall thereafter decide the exact area of land encroached by the petitioner within a period of 15 days from the date of receipt of a copy of this order. ii. If the petitioner is found to be in possession of any part of Government land/Municipal land, the respondents shall be entitled to remove the encroachment. However, if the petitioner has not encroached any part of Government land/Municipal land but the said Municipal Council still needs the area of land for construction of a road/drain or for any lawful object, as contemplated under the Chhattisgarh Municipalities Act, 1961 (for short 'the Act of i961'), they will be entitled tq regulate line of building, in terms of Section 184 ofthe Act of 1961. iii. Till the demarcation is made and the petitioner is made aware of the area of land encroached by him, the petitioner ^-^ shall not be dispossessed from the land in his occupation. The entire exercise shall completed the concerned respondents within a period of 6 weeks from today. iv. Similar view has been taken by this Court in its order dated 11.06.2012 in W.P.(C) No.937 of 2012 (Devendra Kumar Tiwari v.State of Chhattisgarh and others).