Ramniwas Tiwari vs State Of Chhattisgarh

Citation : 2026 Latest Caselaw 566 Chatt
Judgement Date : 16 March, 2026

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Chattisgarh High Court

Ramniwas Tiwari vs State Of Chhattisgarh on 16 March, 2026

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V PADMAVATHI
Date: 2026.03.17
11:46:51 +0530




                                      HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                      WPPIL No. 113 of 2019

                              ARVIND KUMAR SHUKLA (PETITIONER IN PERSON) versus STATE OF
                                                   CHHATTISGARH

                                           WPPIL/18/2020,WPPIL/66/2023,WPPIL/21/2020



                      16.03.2026        Heard Shri Arvind Kumar Shukla, petitioner in person in

                                   WPPIL-113 of 2019, Shri Ankit Pandey, Shri RS Baghel, Shri NK

                                   Malviya, learned counsel for the respective petitioners, and Shri

                                   Ashutosh Singh Kachhawaha, learned counsel, appearing as

                                   Amicus Curiae.


                                        Also heard Shri Praveen Das, learned Additional Advocate

                                   General, appearing for the respondent/State, Ms Annapurna

Tiwari, Shri RS Marhas, learned counsel and Dr Veena Nair, learned counsel appearing on behalf of Shri VVS Murthy, for the respective respondents.

Wppil 113 of 2019 and connected cases 2 In compliance of the Court's order dated 20.01.2026, the Chief Secretary, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Nawa Raipur, District-Raipur has filed his personal affidavit with respect to the facts of the present matter and the relevant portion of the said affidavit reads as under:

"3. That in compliance with the aforesaid directions of this Hon'ble Court, the State Government has initiated various measures for identification, protection, conservation and revival of the origin points of major rivers in the State of Chhattisgarh.
4. That pursuant to the directions of this Hon'ble Court, the General Administration Department, Government of Chhattisgarh, vide order No. GENCOR-35010/685/2026-GAD-5 dated 20.02.2026, has constituted a State Level Committee under the Chairmanship of the Chief Secretary, Government of Chhattisgarh, for revival and rejuvenation of major rivers of the State.
Wppil 113 of 2019 and connected cases 3
5. That the composition of the said State Level Committee is as follows:
1.Chief Secretary, Government of Chhattisgarh - Chairperson
2. Secretary, Finance Department - Member
3.Secretary, Panchayat and Rural Development Department -Member
4.Secretary, Water Resources Department -

Member

5.Secretary, Forest and Climate Change Department - Member

6.Secretary, Urban Administration and Development Department Member

7. Secretary, Mineral Resources Department

- Member

8.Prof. Dr. M. K. Verma, Former Vice Chancellor, Chhattisgarh Swami Vivekanand Technical University, Durg - Expert Member.

Copy of the order dated 20.02.2026 Wppil 113 of 2019 and connected cases 4 constituting the State Level Committee is filed herewith as ANNEXURE-A/1.

6. That the aforesaid State Level Committee has been entrusted with the responsibility of reviewing and monitoring the work being undertaken by district level committees constituted under the chairmanship of respective Collectors for identification, protection and revival of the origin points of the major rivers of the State, including Arpa, Mahanadi, Shivnath, Hasdeo, Tandula, Pairi, Mand, Kelo, Son, Tipan and Leelagar.

7. That in further compliance of the directions of this Hon'ble Court, the Water Resources Department, Government of Chhattisgarh, has also issued communication bearing No. LAW/2524/2025-WRD dated 23rd February 2026, addressed to the concerned departments and authorities informing them regarding the constitution of the State Level Committee and directing them to take necessary action in furtherance of the orders of this Hon'ble Wppil 113 of 2019 and connected cases 5 Court.

Copy of the said communication issued by the Water Resources Department is filed herewith as ANNEXURE-A/2.

8. That thereafter, a meeting of the State Level Committee was convened under Chairmanship of deponent on 11.03.2026 at the Mantralaya, Nava Raipur Atal Nagar through video conferencing for reviewing the steps taken for identification and revival of the origin points of major rivers in the State.

9. That, during the said meeting, a detailed district- wise review was undertaken regarding the action initiated by the various districts for identification of origin points of rivers. All District Collectors confirmed that the origin points have been identified. The districts were directed to get the origin points demarcated and to put up displays to that effect on site, within the next 15 days. The districts were also instructed to send the Wppil 113 of 2019 and connected cases 6 factual details of the origin points along with copies of the land records and geo-tagged photographs. The Department of Water Resources was directed to issue suitable orders for designation of the origin points, after receipt of details from the districts.

10. That, during the said meeting, a review was also undertaken to assess the status of the works undertaken by the districts for conservation, rejuvenation and protection of origin points, as well as for conservation of rivers. District Collectors apprised the state level committee about the efforts so far undertaken in their districts. The districts were directed to share the details of the work done so far and the work plan going forward, both for conservation, rejuvenation and protection of origin points as well as for the rivers.

11. That in the said meeting, it was resolved and directed, inter-alia, as follows:

Wppil 113 of 2019 and connected cases 7
1. That concerned department shall constitute a dedicated cell for undertaking activities relating to rejuvenation and protection of river origin points.
2. That expert advice from the National Mission for Clean Ganga (NMCG) and other technical institutions shall be obtained for scientific planning of river rejuvenation.
3. That scientific surveys and studies shall be undertaken for preparation of detailed project reports for protection and development of river origin points.
4. That appropriate measures shall be undertaken to ensure proper treatment of sewage and drainage water from urban and industrial areas before its discharge into rivers.
5. That financial resources for such activities may be mobilized through departmental budgets, District Mineral Foundation funds, Swachh Bharat Wppil 113 of 2019 and connected cases 8 Mission, MGNREGA, 15th Finance Commission grants and other available schemes.
6. That the process of river conservation shall involve active participation of local communities, public representatives and stakeholders.
7. That the origin points of rivers may also be developed as sites of ecological significance, tourism and public awareness, while maintaining environmental balance.
8. That monitoring of water flow and water quality shall also be undertaken in order to assess the impact of the restoration activities.
9. That mapping and photographic documentation of river origin sites shall be carried out and reports shall be prepared accordingly.
10. That periodic review meetings of the State Level Committee shall be held to Wppil 113 of 2019 and connected cases 9 monitor the progress of the work undertaken by district authorities.

12. That the proceedings of the said meeting dated 11.03.2026 have been duly recorded in presence of 17 senior officers by physical as well as virtual mode and circulated among the concerned departments for necessary compliance.

Copy of the proceedings of the meeting dated 11.03.2026 is filed herewith as ANNEXURE-A/3.

13. That the meeting dated 11.03.2026 was attended by various senior officers of the State Government and district administrations through video conferencing, including Secretaries of concerned departments and Collectors of the districts concerned with the origin points of the rivers.

14. That the State Government is fully committed to implement the directions issued by this Hon'ble Court and is taking all necessary steps on priority basis for Wppil 113 of 2019 and connected cases 10 protection, conservation and rejuvenation of the origin points of major rivers in the State including River Arpa and other rivers.

15. That the State Government shall continue to monitor the progress of the aforesaid activities through the State Level Committee headed by the Chief Secretary, and necessary steps shall be taken in coordination with all concerned departments and district administrations.

16. That the present affidavit is being filed in compliance with the order dated 20.01.2026 passed by this Hon'ble Court.

17. It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to take the present affidavit on record as compliance of the order dated 20.01.2026."

On perusal of the above affidavit indicating the steps taken Wppil 113 of 2019 and connected cases 11 by the State Government for identification, protection, conservation and revival of the Arpa and other rivers in the districts, it transpires that a State level committee has been constituted under the Chairmanship of the Chief Secretary, Government of CG, consisting of many experts from different areas, to review and monitor the work done by the district level committees of respective Collectors. The said Committee is also directed to take necessary action in furtherance of the orders of this court.

At this stage, learned counsel appearing for the respective petitioners and the petitioner in person would jointly submit that though necessary steps have already been taken by the State with regard to the protection, conservation and rejuvenation of the major rivers in the State, the inclusion of additional experts would be necessary to review and revive the status of the major rivers and to verify and assess the effectiveness of the measures undertaken by the State in this regard.

In view of the above, this Court is also of the opinion that Wppil 113 of 2019 and connected cases 12 the Committee, being headed by the Chief Secretary of the State, should be expanded to include additional experts such as an ecologist, a representative from the Pollution Control Department, a representative from the Central Ground Water Survey Board, a geologist and a hydrologist, so as to ensure effective monitoring of the projects undertaken for the protection and development of the river origin points in the State.

List this case for further monitoring on 7th May, 2026. The Chief Secretary of the State is directed to file his personal affidavit afresh in the matter by the next date regarding the steps taken with respect to inclusion of experts as discussed above in the State level committee constituted for revival of the rivers in the State of CG.

                        Sd/-                                Sd/-
             (Ravindra Kumar Agrawal)                 (Ramesh Sinha)
                       Judge                            Chief Justice




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