Court Directs Authorities to Reassess Eviction Notices Issued to Shopkeepers, Citing Violations of Constitutional Rights
In a significant ruling, the Chhattisgarh High Court has intervened to halt the eviction of shopkeepers from dilapidated premises in Durg. The shopkeepers, who occupy spaces deemed unsafe by the Public Works Department, were served eviction notices without any provision for rehabilitation or alternative arrangements. The court found this action arbitrary and in violation of Articles 14, 19, and 21 of the Indian Constitution.
The petitioners, led by Jhamman Sahu, argued that the eviction notices issued on June 25, 2026, were abrupt and infringed upon their fundamental rights to livelihood and shelter. They contended that the authorities had not followed due process and had failed to provide reasonable time or alternatives, particularly during the ongoing rainy season.
Presiding over the case, Justice Amitendra Kishore Prasad emphasized the necessity of balancing public safety with the livelihood concerns of the shopkeepers. He highlighted that while the shopkeepers do not have an indefinite right to occupy the premises, their eviction must be conducted fairly and reasonably, respecting their constitutional rights.
The court directed the Secretary and Sub-Divisional Officer (Revenue) of the Jila Kridangan Samiti, Durg, to reconsider the shopkeepers' representations for alternative arrangements. The authorities are to provide the shopkeepers with an opportunity for a hearing and consider any lawful arrangements to facilitate the relocation of their businesses.
The ruling also mandates that no coercive action for eviction shall occur for four months from the date of the order, giving the shopkeepers time to make necessary arrangements. However, the court clarified that the shopkeepers could continue their business at their own risk during this period, absolving the state from any liability for potential mishaps.
This decision underscores the judicial system's role in safeguarding constitutional rights and ensuring administrative actions are just and equitable. The court's intervention provides a reprieve for the shopkeepers, allowing them time to transition without immediate disruption to their livelihoods.
Bottom line:-
Eviction notice issued to shopkeepers occupying dilapidated premises without providing rehabilitation or alternative arrangements held to be arbitrary and violative of Articles 14, 19, and 21 of the Constitution of India. Authorities directed to reconsider representations for alternative arrangements and provide reasonable assistance before eviction.
Statutory provision(s): Articles 14, 19(1)(g), 21 of the Constitution of India
Jhamman Sahu v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2945906
