The Chhattisgarh High Court has taken suo motu cognizance of a report published in Dainik Bhaskar on February 6, 2025, highlighting a civic crisis in Ward No. 19, Kasturba Nagar, Bilaspur, where 15 families were effectively trapped in their own homes due to an ongoing drainage construction project. The court has directed the Commissioner of the Bilaspur Municipal Corporation to file a personal affidavit regarding the status of the road clearing.
Background of the Case
The case, registered as WPPIL No. 27 of 2025, was initiated by the court after a news article exposed the hardship faced by residents in Kasturba Nagar due to unplanned municipal work. According to the article, a work order for the construction of a 70-meter-long drain was issued just before the Model Code of Conduct came into force for the upcoming municipal elections. The contractor, after digging a long trench, left rubble and debris on the road, making the area impassable. Consequently, approximately 50 people from 15 families were unable to leave their homes.
The situation worsened as no temporary arrangements were made for public movement. Despite repeated complaints, the municipal authorities failed to take action. The inaction of the authorities led the High Court to intervene in the public interest.
Key Legal Issues Addressed
State’s Responsibility for Public Safety: The court questioned the municipal corporation’s duty to ensure public safety during civic projects.
Accountability of Municipal Authorities: The court raised concerns over the lack of proactive measures taken to mitigate the inconvenience caused to the residents.
Election Period Conduct: The court took note of the fact that the work order was issued just before the Model Code of Conduct was enforced, raising suspicions regarding its timing and execution.
Court Proceedings and Observations
During the hearing, a division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal heard arguments from Mr. Y.S. Thakur, Additional Advocate General for the State, and Mr. A.S. Kachhwaha, counsel for the Bilaspur Municipal Corporation.
Mr. Thakur argued that since the matter fell within the jurisdiction of the municipal corporation, it was their responsibility to address the issue. In response, Mr. Kachhwaha submitted photographic evidence showing partial clearance of the debris and assured the court that efforts were being made to resolve the issue.
However, the court remained unconvinced. Upon reviewing the photographs, the bench observed:
“Though from perusal of the photograph produced by Mr. Kachhwaha, it seems that some cleaning has been done, but in the same photograph, it is clearly visible that at one end of the road, a pile of rubble is still lying, which means that the said road has not been properly cleaned.”
Given the unsatisfactory response, the court ordered the Commissioner of Bilaspur Municipal Corporation to file a personal affidavit detailing the steps taken to restore normalcy to the affected area. Additionally, the State authorities (Respondents No. 1 to 4) were granted time to file their responses.
