The High Court of Chhattisgarh at Bilaspur, led by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, addressed the concerning issue of hazardous conditions caused by overhead cables in its order on January 6, 2025, in the suo moto public interest litigation WPPIL No. 3 of 2025. The case was triggered by a news report in Navbharat My City on January 4, 2025, which highlighted the unsafe and unsightly state of electric poles in Bilaspur city.
Background of the Case
The litigation arose from a newspaper report detailing how electric poles, originally meant for power distribution, were overrun with a tangled web of cables from telephone and internet companies. The report included photographs showcasing the disorderly state of cables, describing them as a ticking hazard.
The report further described an alarming incident where a Chhattisgarh State Power Distribution Company Ltd. (CSPDCL) employee, attempting to remove unauthorized cables, was assaulted by the ex-President of Nagar Panchayat, Tifra. This altercation required police intervention, raising concerns over public safety and law enforcement challenges.
Key Legal Issues
1. Maintenance and Regulation of Public Infrastructure: Whether the respondents, particularly CSPDCL, were fulfilling their duty to maintain the safety and aesthetics of electric poles.
2. Unauthorized Use of Public Utilities: The extent of liability for companies using public infrastructure without approval or in a hazardous manner.
3. Law and Order: The accountability for incidents of violence and threats against officials trying to enforce regulations.
Court’s Observations
The bench made several critical observations:
– “The state of the electric poles presents a pathetic and potentially dangerous situation. This negligence could result in catastrophic outcomes,” the court noted.
– Acknowledging the efforts by CSPDCL to address the issue, the court emphasized that the problem was state-wide and needed comprehensive monitoring.
The court highlighted the gravity of the issue, urging immediate corrective measures to prevent harm and restore order. It further instructed respondents to file affidavits outlining their actions and strategies.
Orders of the Court
1. The High Court directed respondents No. 6 and 9 (CSPDCL officials) to submit personal affidavits detailing their actions regarding the maintenance of electric poles and unauthorized cables.
2. The case was ordered to be listed alongside WPPIL-105 of 2024, another case addressing similar issues, for further hearing on January 16, 2025.
Parties Involved
– Petitioner: Suo moto action initiated by the High Court.
– Respondents:
– State of Chhattisgarh, through the Chief Secretary and various departments.
– Chhattisgarh State Power Distribution Company Ltd. (CSPDCL).
– Bharat Sanchar Nigam Limited (BSNL).
– Private cable operators, including CCN Cable Network Branch.
Counsel Representations
The case saw active representation:
– Shri Shashank Thakur, Deputy Advocate General for the State.
– Shri Varunendra Sharma for CSPDCL respondents.
– Private respondents were represented by advocates Shri Ashish Tiwari, Shri Mayank Chandrakar, and Shri Sandeep Dubey.
