In a significant move, the Chhattisgarh High Court has taken suo motu cognizance of the alarming neglect of public infrastructure in Raipur district, pulling up state authorities for their “lethargic and indifferent approach.” The court’s intervention follows a series of news reports exposing the deplorable condition of public parks, rampant illegal encroachments, and hazardous urban infrastructure.
The division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal issued strong remarks against the failure of municipal and state authorities, observing:
“The responsible authorities seem to have turned a blind eye to the decaying civic infrastructure. The state of public utilities, parks, and roads speaks volumes about administrative neglect.”
The court directed the Secretary, Urban Administration and Development Department, Government of Chhattisgarh, to submit a personal affidavit on the measures taken to address these issues. The matter has been scheduled for a followup hearing on February 6, 2025.
Case Background
The suo motu PIL (WPPIL No. 22 of 2025) was registered after a series of reports in Patrika XPOSE on January 31, 2025, highlighted three critical issues affecting the city:
1. Gandhi Bal Udyan: A Playground in Ruins
A report exposed the pathetic condition of Gandhi Bal Udyan, a park originally meant for children’s recreation and fitness. It revealed:
Broken and rusted exercise equipment making it dangerous for children.
Disfigured swings, weight benches, and fitness machines left unattended for months.
Complete neglect by municipal authorities despite public complaints.
The court expressed deep concern over the failure of local authorities in maintaining public recreational spaces meant for children.
2. Illegal Encroachments in Birgaon
Another report highlighted unchecked encroachments in Birgaon Municipal Corporation area, which led to:
Government land being illegally occupied, creating severe traffic congestion.
Rise in criminal activities, with encroached areas turning into hubs for drug abuse and antisocial behaviour.
Destruction of a public plantation project worth lakhs of rupees.
Despite repeated public complaints, municipal authorities failed to take strict action against the encroachers.
3. Mowa Underbridge: A Public Hazard
A third report detailed the dangerous state of the Mowa Underbridge, where:
Persistent waterlogging and garbage accumulation had made it unsafe for both pedestrians and vehicles.
Broken infrastructure and missing safety features increased the risk of accidents.
A traffic mirror, meant to assist drivers, had fallen and was never replaced.
The court noted that the negligence of civic authorities posed a serious risk to public safety and called for immediate remedial measures.
Legal Issues Raised in the PIL
1. Municipal Duty to Maintain Public Infrastructure
Under Article 243W of the Constitution, municipal corporations are obligated to ensure urban planning, sanitation, and maintenance of public spaces. The PIL questioned why these basic responsibilities were being ignored.
2. Violation of Citizens’ Right to a Clean and Safe Environment
The court cited Article 21 (Right to Life), emphasizing that a clean and safe living environment is a fundamental right.
In Municipal Council, Ratlam v. Vardichan (1980), the Supreme Court ruled that local bodies must ensure public health and sanitation.
3. Failure to Act Against Illegal Encroachments
The PIL exposed how unauthorized occupation of public land led to criminal activities. The court asked why notices had been issued but not enforced, and warned of stringent action against negligent officials.
Court’s Observations and Directions
During the hearing, Additional Advocate General Y.S. Thakur and Vivek Sharma, representing the state government, admitted that cleaning work at Mowa Underbridge had begun, but sought more time to present a full response.
Satish Gupta, counsel for Birgaon Municipal Corporation, informed the court that notices had been issued to encroachers and that action would be taken within seven days.
The court was unconvinced, noting that:
“Very recently, on 30th January 2025, the entire country paid homage to Mahatma Gandhi. Gandhiji believed in cleanliness and sanitation as an integral part of life. However, the condition of Gandhi Bal Udyan and Mowa Underbridge speaks volumes about the authorities’ neglect.”
Final Directions:
The Secretary, Urban Administration & Development Department, Chhattisgarh, must file a personal affidavit explaining what has been done to resolve these civic issues.
The case has been listed for further hearing on February 6, 2025.
The court warned that if satisfactory actions are not taken, it will impose strict orders and penalties against negligent officials.
