Citation : 2026 Latest Caselaw 736 Chatt
Judgement Date : 19 March, 2026
1
ALOK
Digitally signed
by ALOK
SHARMA
HIGH COURT OF CHHATTISGARH AT BILASPUR
SHARMA Date:
2026.03.19
19:03:02 +0530
WPPIL No. 127 of 2021
IN RE. ROADS OF CHHATTISGARH
versus
STATE OF CHHATTISGARH AND OTHERS
WPPIL/26/2022,WPPIL/83/2023
Order Sheet
19/03/2026 Heard Mr. Rajeev Shrivastava, learned Senior
Advocate and Mr. Prateek Sharma, learned Amicus
curiae and Mr. Anmol Verma, on behalf of Mr. Siddharth
Dubey, learned counsel for the petitioner in WPPIL
No.26/2022 and WPPIL No. 127/2021. Also heard Mr.
Ashutosh Singh Kachhawaha, learned counsel for
SLSA in WPPIL No.127/2021, Mr. Praveen Das,
Additional Advocate General, Mr. Ramakant Mishra,
learned Deputy S.G. along with Ms. Annapurna Tiwari
and Mr. T.D. Diwan, learned Central Government
Counsel for Union of India in WPPIL No.127/2021,
2
WPPIL No.83/2023 and for respondent No.10
(Railways) in WPPIL No.26/2022, Mr. Dhiraj Kumar Wankhede, learned counsel for the NHAI, Ms. Deepa Singh, learned counsel appearing on behalf of Mr. Sandeep Dubey, learned counsel for respondents No. 7 and 8 in WPPIL No.127/2021, Mr. Vikram Usendi, learned counsel appearing on behalf of Mr. Ishan Verma, learned counsel for respondent No.9 in WPPIL No.26/2022, Mr. Pankaj Agrawal, learned counsel for the respondents No.7 & 12 in WPPIL No.26/2022.
In compliance of the Court's order dated 11.02.2026, the Deputy Secretary, Government of Chhattisgarh, Department of Public Works, Mantralaya, Mahanadi Bhawan, Nawa Raipur, District Raipur, C.G. has filed his personal affidavit on 18.03.2026, the relevant portion of the same is reproduced hereinbelow:
"2. That the present affidavit is being filed in compliance of the order dated 11.02.2026 passed by this Hon'ble Court in WPPIL No. 127/2021 (In Re: Roads of Chhattisgarh vs. State of Chhattisgarh & Others) along with WPPIL No. 26/2022 and WPPIL No. 83/2023, whereby this Hon'ble Court had directed the State to file affidavit and in pursuance thereto, an affidavit dated 10.02.2026 was filed by the Secretary, Department of Public Works, Government of Chhattisgarh.
3 That, the Hon'ble Court was pleased to take into its kind consideration the contents of the affidavit. However, the Hon'ble Court had made an observation that, the budget allocation of Rs. 4937.39 lakhs for strengthening and repairing of Pendridih Chowk to Nehru Chowk Road, Bilaspur, the fund has yet not been allocated to the State Government. The Hon'ble Court had also made an observation regarding the conditions of the road and necessary steps for effective repair with respect to the report dated 27/11/2025 submitted by the learned Amicus Curiae.
4. It is most respectfully submitted that, with respect to the budget allocation of Rs. 4079.00 lakhs, the said amount has been allocated to the State Government for the necessary purpose of repair and strengthening Pendridih Chowk to Nehru Chowk Road, Administrative sanction has been granted and proceedings have already been initiated for technical sanction by the competent authority. The relevant documents in this regard is annexed herewith as ANNEXURE A-1, for the kind perusal of the Hon'ble Court.
5. Mr. the 5. It is respectfully submitted that, with respect to the report submitted by Prateek Sharma, dated 27/11/2025, following informations/submissions are placed before the Hon'ble Court for kind
appreciation:-
(A) With respect to the road from Seepat to Baloda, it is respectfully submitted that bids were invited and in pursuance to the same, financial bid have also been opened and M/s Sanjay Kumar Kedia has been declared L1. The matter has been forwarded to the tender committee of the State Government & as soon as sanction is obtained, work order would be issued. Document in this regard is annexed herewith as ANNEXURE A-2.
(B) With respect to the roads from Jashpur to Ambikapur, the Ambikapur Highway Bridge after Katghora, the road from Ambedkar Chowk to Ambikapur Railway Station at Ambikapur, the road from Bharat Mata Chowk to Luchki Ghat, the road from Ramanujganj Chowk to Shankar Ghat, are all under National Highway and necessary steps can be initiated by National Highway Authority of India in this regard.
6. That, with respect to the road from Mopka to Sendri bypass, it is respectfully submitted that, the said project has already been sanctioned and tender proceedings would be initiated shortly. A detail in this
regard being placed as ANNEXURE A-3 for kind perusal of the Hon'ble Court.
7. It is respectfully submitted that, with respect to the road from Shrikant Verma Chowk to CMD Chowk Bilaspur, it is respectfully submitted that, the administrative sanction has been obtained on 03/02/2026. Copy of the administrative sanction dated 03/02/2026 is hereby marked and annexed herewith as ANNEXURE A-4.
8. With respect to road from Tarbahar Chowk to Shiv Talkies Chowk, work has been completed, whereas road from Mannu Chowk to Jagmal Chowk falls within the authority of the Municipal Corporation Bilaspur.
9. It is submitted that, with respect to the road from Ashok Nagar Chowk to Birkona Chowk, as the patch of road falls within the jurisdiction of Municipal Corporation Bilaspur, the same is being taken care of by the Corporation by undertaking repair works.
10. The road from Mangla Chowk to Deedayal Upadhyay Nagar, it is respectfully submitted that, the widening works and other ancillary works are being carred out by the Municipal Corporation
Bilaspur.
11. With respect to the road from Gandhi Chowk to Mahamaya Mandir Ambikapur, it is submitted that, a part of the said road, which falls under National Highway needs repair. However, the remaining part upto Mahamaya Mandir, which is under PWD has been repaired and is in good condition.
12. That, the road from Ambedkar Chowk to Chatirma, which is under PWD is in good condition.
13. That, the work order of road from Narayanpur to Bhatapara has been issued, copy of the said work order dated 09/03/2026 is hereby marked and annexed herewith as ANNEXURE A-5.
14. That, the deponent tenders his highest regard and respect for this Hon'ble Court and humbly assures that all directions, orders and observations issued by this Hon'ble Court shall be complied with promptly, faithfully and in their true letter and spirit.
Pursuant to the Court's order dated 11.02.2026 an
affidavit has also been filed by the authority concerned
of NHAI, the relevant portion of which reads as under:
"3. That, in compliance of the order dated 11.02.2026, the Deponent is submitting its response on para 04 of the report dated 27.11.2025 via present affidavit.
4. That, it is submitted that previously, the section from Km 88,700 to Km 90.700, which spans a length of 2.0 km, was not constructed due to land hindrances in Jurali village, located in the Korba district due to which the road users have to take existing old Katghora road which is around 10 Kms in lieu of direct connectivity to NH-130 highway through 8 Km NH highway under construction after clearance of hindrance. This involved 2.0 km of hindered land, which was resolved through arbitration in August 2025 through Court Commissioner/Arbitrator order dated 04.04.2025, 29.08.2025. Copy of relevant documents are marked herewith as ANNEXURE A (colly).
5. Subsequently, fresh tenders were called at RO-Raipur for the execution of the remaining highway works in Jurali village, including the approach to the Katghora major bridge location at Km 90.800. Following the finalization of the tender, a Letter of Acceptance (LOA) was issued to M/s Kanhaiya Lal Agrawal, vide RO-Raipur letter no. 11472 dated
23.12.2025, with a contract price of 20.13 Cr. The works in the stated section resumed in January 2026, and currently, the highway works including approach to the Katghora major bridge in the hindered stretch are in progress at the site. Upon completion, this NH-130 section will be connected via a 4-lane highway through the major bridge at Katghora. The construction activities are at an advanced stage on-site and are anticipated to be finalized before the onset of the monsoon. Copy of progress report of work carried out in Jurali village is marked herewith as ANNEXURE B.
6. It is also important to note that the Katghora to Darrighat section of NH- 149B is under the jurisdiction of NHAI. The section from Katghora (Jenjra) to Gopalpur, which spans 8.55 Km and connects Korba with Katghora via the existing NH-1498 national highway, is currently undergoing maintenance for which NHAI RO-Raipur has initiated repair and rectification work by issuing a tender and subsequently awarding a contract for 22.48 Cr. for the rectification, strengthening, and overlay of this 8.55 Km highway section. The construction and strengthening efforts are at an advanced stage on-site and are expected to be completed before the monsoon. Furthermore, all necessary
measures are being implemented at the site to ensure smooth and safe traffic flow through this Gopalpur-Jenjra section of NH-1498 by NHAI. Copy of Progress report of work relating to Katghora (Jenjra) to Gopalpur section is marked herewith as ANNEXURE C.
7. That, it is humbly submitted that all the effective measures and actions have been taken by all the PIUs under Regional Office, Raipur (C.G.) with the clasped hand. The action taken reports indicates that all the PIUs are jointly taking all the quintessential steps to reduce accidents and safeguard the lives of commuters on NH."
This Court, upon consideration of the affidavit and
the status of road works placed on record, observed
that although certain steps have been taken by the
State, and the NHAI has effectively resumed and is
progressing with construction and maintenance works
on NH-130 and NH-149B, necessary safety measures
are being implemented, and the concerned authorities
are taking steps to ensure commuter safety, while
emphasizing the need for continuous monitoring and
timely completion of all ongoing works.
Let the matter be again listed for further
monitoring on 5th May, 2026, by which date the
Secretary, Government of Chhattisgarh, Department of
Public Works, Mantralaya, Mahanadi Bhawan, Nawa
Raipur, District Raipur, C.G. shall file fresh affidavit with
respect to further developments.
In the meantime, the authority concerned of NHAI,
shall also file his personal affidavit with respect to
progress of work in the aforesaid matter.
Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok
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