The Chhattisgarh High Court has taken suo motu cognizance of the pathetic condition of roads leading to Apollo Hospital, Bilaspur, emphasizing that the delay in reaching the hospital could be life-threatening for critically ill patients. The court has directed the authorities to explain why no action has been taken despite the allocation of funds for road widening and removal of illegal encroachments.
Background of the Case
The High Court initiated this Public Interest Litigation (WPPIL No. 29 of 2025) after observing that the approach roads to Apollo Hospital, one of the most advanced medical facilities in Bilaspur and Chhattisgarh, were in a dilapidated condition. The narrow, pothole-ridden roads and illegal encroachments on both sides significantly obstruct smooth movement, affecting patients who require urgent medical attention.
The hospital, located on the outskirts of Bilaspur, caters to patients from various districts, making accessibility a crucial issue. The presence of illegal parking, a vegetable market, and haphazard commercial encroachments near the hospital worsens the traffic situation, increasing delays for ambulances and emergency patients.
Key Legal Issues Involved
1. Violation of Right to Life & Health (Article 21 of the Constitution)
– The court observed that the poor road conditions infringe upon the fundamental right to access timely medical care.
2. Municipal Negligence & Administrative Lapses
– The failure of the Bilaspur Municipal Corporation to remove encroachments and repair roads despite sanctioned funds raised questions about the lack of accountability among civic authorities.
3. Excuse of Model Code of Conduct
– The court rejected the excuse given by the authorities that the Model Code of Conduct (MCC) for elections had halted the process. The court questioned why no efforts were made to seek permission from the Election Commission to proceed with the public interest project.
Court’s Observations and Directions
A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal came down heavily on the authorities, stating:
“It is beyond understanding as to how widening of the roads and removal of encroachment, which are in the interest of the public at large, is affected by the Model Code of Conduct.”
The court further noted:
“Bilaspur has been designated as a ‘Smart City’, yet the roads leading to one of the most crucial hospitals are in a deplorable state. How can a smart city have such roads?”
The bench directed Commissioner of the Municipal Corporation, Bilaspur (Respondent No.5), to file a detailed personal affidavit explaining:
– Why the encroachments have not been removed despite the issuance of work orders in July 2024.
– Why the widening of roads has not commenced despite the allocation of funds.
– What steps have been taken to resolve the issue and expedite the project.
The State of Chhattisgarh was represented by Advocate General Prafull N. Bharat, along with Deputy Advocate General Shashank Thakur, while Mr. Ashutosh Singh Kachhawaha appeared for the Municipal Corporation, Bilaspur.
The Advocate General informed the court that funds had already been allocated for the road widening and shifting of electric poles from Apollo Chowk to Mansi Lodge. However, the Municipal Corporation cited the election Model Code of Conduct as a reason for the delay, an argument the court dismissed as unjustified.
The court has scheduled the next hearing for February 14, 2025, instructing the municipal authorities to submit a detailed affidavit and take immediate remedial measures.
