In a landmark hearing today, the Chhattisgarh High Court addressed a grave humanitarian issue brought to light by a news report on the dire conditions faced by villagers in Bijapur district. The suo moto public interest litigation (PIL) was initiated based on a news article published by Bansal E-News titled โBarish Mein Taapu Bane Chhattisgarh Ke 30 Gaon: Zindagi Daav Par Lagakar Gramin Laate Hain Ration,โ highlighting the severe challenges faced by the residents of 30 villages turned into islands due to incessant rains.
Case Background
The case, registered as WPPIL No. 57 of 2024, centers on the plight of villagers in the Bhopalpattanam block of Bijapur district. Heavy rains have caused the Chintavagu River to swell, isolating more than thirty villages and rendering them inaccessible. As a result, villagers have been forced to risk their lives by crossing dangerous waters to obtain basic provisions like ration supplies from Public Distribution System (PDS) shops. The report further emphasized that this issue has persisted for 77 years without resolution, despite repeated pleas for infrastructure development, such as constructing a bridge or providing alternative transportation like a motorboat.
Legal Issues and Court’s Decision
The bench, led by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, deliberated on several key legal issues, including the state’s duty to ensure the safety and well-being of its citizens, the adequacy of infrastructure in remote areas, and the accessibility of essential services to all residents irrespective of their geographical location.
Key Observations
The court made several pivotal observations:
1. Fundamental Rights at Stake: The court underscored that the right to life, as guaranteed under Article 21 of the Indian Constitution, encompasses the right to access basic necessities without endangering oneโs life. “No life should be put at risk for basic necessities,” noted Chief Justice Sinha, emphasizing the urgency of addressing the villagers’ plight.
2. State Responsibility: The court highlighted the state’s obligation to proactively manage disaster situations and ensure that infrastructure development keeps pace with residents’ needs. Justice Agrawal remarked, “Seventy-seven years of inaction is a glaring neglect of constitutional duties by the state.”
3. Immediate Measures Required: The court directed the Bijapur District Collector to file a personal affidavit detailing the current situation and steps taken to alleviate the crisis. The court stressed the need for immediate remedial actions to ensure uninterrupted access to food supplies and other essentials.
Government’s Response
During the hearing, Mr. Prafull N Bharat, the learned Advocate General, assisted by Mr. Sangharsh Pandey, the learned Government Advocate, represented the state. They acknowledged the challenges faced by residents during the rainy season but argued that the news report exaggerated the situation. They assured the court that efforts are being made to supply rations in advance to PDS shops for up to four months in affected areas, though the policy mandates a minimum of 500 beneficiaries for a PDS shop to be opened in any given location.
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Parties Involved
– Petitioners: The court initiated the PIL suo moto based on the news report.
– Respondents:
1. The State of Chhattisgarh through the Chief Secretary
2. Secretary, Public Work Department
3. Secretary, Public Distribution System
4. Secretary, Revenue and Disaster Management Department
5. Collector, Bijapur District
