Citation : 2026 Latest Caselaw 1261 Chatt
Judgement Date : 4 April, 2026
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 17 of 2026
In the matter of Suo Moto Public Interset Litigation based on news
item published in Daily News Paper Navbharat, Aaspaas, Bilaspur
Dated 4th April, 2026 The News Items As Follows Vidambana Jankari
Ke Bawjud Nigam Adhikari Kar Rahe Andekhi Bajbajati Naali Ke Bich
Paani Bharne Ki Majburi, Beemariyon Ka Khatra
... Petitioner
versus
1 - State of Chhattisgarh Through Chief Secretary, Mahanadi
Bhawan, Atal Nagar, Nawa Raipur, (C.G.)
2 - State of Chhattisgarh Through Secretary, Urban Administration
And Development, Indrawati Bhawan Atal Nagar Nawa Raipur, (C.G.)
3 - State of Chhattisgarh Through Secretary, Public And Health
Engineering Department, Atal Nagar Nawa Raipur (C.G.)
4 - The Collector Bilaspur, District Bilaspur (C.G.)
5 - Commissioner Municipal Corporation, Bilaspur District Bilaspur
(C.G.)
... Respondents
Order Sheet
04/04/2026 This is an office reference.
Heard Mr. Prasun Bhaduri, learned Deputy
Advocate General, appearing for the State / respondent
ROHIT Nos. 1 to 4 and Mr. Anadi Sharma (through video KUMAR CHANDRA
conferencing) & Mr. Bharat Sharma, learned counsel,
appearing for respondent No.5 / Commissioner,
Municipal Corporation, Bilaspur.
Although today is a non-working day of the Court,
but considering the seriousness of the news report
published today in Hindi Daily, namely, Navbharat with
a heading "ctctkrh ukyh ds chp ikuh Hkjus dh etcwjh]
chekfj;ksa dk [krjk" and with a sub-heading "eghuksa ls ugha
cuh ukyh ds pyrs gks jgs gykdku", this Court has taken suo
moto cognizance of the said new report and has
assembled to hear the matter today itself.
The report highlights that, despite being fully
aware of the prevailing situation, officials of the
Municipal Corporation have deliberately ignored the
issue, causing severe hardship to the residents. It
specifically refers to the residents of Sirgitti, particularly
those living in Ward No. 12 (Bannak locality), who have
been facing acute difficulties due to the incomplete
construction of a drainage system.
It is reported that approximately one and a half
months ago, excavation work for the construction of a
drain was undertaken, extending from the residence of
Ajay Yadav to that of Dattu Mishra. During this process,
a trench approximately 10 feet deep was dug. However,
the excavation has remained unattended and
incomplete since then. Furthermore, the existing
pipeline running alongside the road was completely
damaged during the excavation.
Despite this, neither has the contractor proceeded
with the construction of the drain, nor has any effort
been made to repair or reconnect the damaged
pipeline. As a result, the water supply to the residents
has been severely disrupted.
The inaction and negligence on the part of the
contractor, along with the failure of the concerned
authorities to properly monitor and supervise the work,
have caused immense inconvenience and hardship to
the inhabitants of the area.
Additionally, due to the incomplete drainage
system, wastewater from households is accumulating in
the open trench, creating unhygienic and hazardous
conditions. Residents are compelled to fetch drinking
water at great personal risk, as they must pass through
filthy and stagnant water. The accumulation of stagnant
water has also led to increased mosquito breeding,
posing a serious threat of diseases such as dengue and
other waterborne infections. Despite the gravity of the
situation, the concerned authorities have failed to take
prompt and effective action.
The above facts clearly demonstrate gross
negligence, dereliction of duty, and a lack of
accountability on the part of both the contractor and the
municipal authorities, forcing residents to live under
deplorable and hazardous conditions.
Respondent No.5 / Commissioner, Municipal
Corporation, Bilaspur is directed to immediately take
cognizance of the issue and ensure that necessary
remedial measures are undertaken without any further
delay. He shall ensure that the construction of the
drainage system in Ward No. 12 (Bannak locality),
Sirgitti, is completed in a time-bound manner, preferably
within a period of one week from the date of this order.
The damaged water pipeline shall be repaired and
restored forthwith so as to ensure uninterrupted supply
of potable water to the residents. Immediate steps shall
be taken to clear the accumulated wastewater and to
sanitize the affected area to prevent the outbreak of
diseases. The Commissioner shall also ensure that
responsibility is fixed upon the erring contractor and
officials for the lapse, and appropriate action, in
accordance with law, is initiated against them.
A personal affidavit shall be filed by respondent
No.5 / Commissioner, Municipal Corporation, Bilaspur
before the next date of hearing, indicating the steps
taken and the current status of the work and also place
on record the date of NIT and the work order issued
mentioning the time period which was proposed for
construction of drain.
We hope and trust that the drain in question
would be constructed within a period of one week
whereby the pipeline is passing through so that no
contaminated water shall be used by the local residents
apprehending their sickness because of the
contaminated is found.
Post this matter again on 09.04.2026 for
submission of the personal affidavit of respondent
No.5 / Commissioner, Municipal Corporation, Bilaspur.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Chandra
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