The Chhattisgarh High Court, in a significant move for environmental protection, emphasized that maintaining clean water bodies is “a necessity, not a choice.” The court took suo moto cognizance of an alarming report about the pollution of water bodies in Raipur following idol immersions during the Dussehra festival. Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru issued strong directives to ensure thorough post-immersion cleaning across the state.
Background of the Case:
The case, registered as WPPIL No. 86 of 2024, was initiated based on a news report published in Dainik Bhaskar on October 24, 2024. The report described unsanitary conditions in a tank near the Kharun river, used for idol immersion. The news highlighted that remnants of idols were left scattered, turning the tank into a swamp, thereby posing a safety risk, particularly to children playing near the site. Despite municipal orders for cleaning, the water remained contaminated, with photographs capturing the deteriorated condition of the area.
Key Legal Issues:
1. Environmental Pollution: The primary concern was the degradation of water bodies due to improper waste management following religious rituals.
2. Public Health and Safety: The unattended debris created potential hazards for local residents, especially children, underscoring the need for stricter adherence to safety norms.
3. Government Accountability: The case also questioned the accountability of municipal and district officials in ensuring compliance with environmental and safety guidelines.
Court’s Observations and Directives:
The bench expressed its strong disapproval of the local authorities’ failure to maintain hygiene and safety. Noting the importance of clean water bodies, the court asserted that “clean water bodies are a necessity, not a choice,” underscoring the obligation of the administration to act promptly to avoid public health risks.
Representing the state, Advocate General Mr. Prafull N. Bharat, along with Deputy Advocate General Mr. Shashank Thakur, informed the court that steps were being taken by the District Magistrate of Raipur to clean the affected areas. However, the court emphasized the need for verifiable action across all districts, not just Raipur.
The court ordered Mr. Brijmohan Morle, Secretary of Urban Administration and Development, to file a personal affidavit detailing cleaning efforts across all districts. The District Magistrate of Raipur has also been directed to submit a specific report on actions taken in the district. These reports are to be presented on November 8, 2024.
Parties Involved:
– Petitioner: Suo Moto Public Interest Litigation initiated by the court.
– Respondents: State of Chhattisgarh and municipal authorities.
– Advocate General for the State: Mr. Prafull N. Bharat.
– Deputy Advocate General: Mr. Shashank Thakur.
– Respondents’ Counsel: Mr. Vivek Sharma.
