In a public interest case that has stirred public outrage, the Chhattisgarh High Court, presided over by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, has taken suo moto cognizance of the deplorable state of an “Oxygen Zone” created for public health. Registered as WPPIL No. 90 of 2024, this case follows a report in Haribhumi (Bilaspur) dated October 28, 2024, which highlighted severe neglect in maintaining a green zone intended to provide residents with fresh air and recreational space.
The court, clearly disturbed by the details of the case, described the situation as a “serious lapse,” noting that the zone, envisioned as a health-promoting space, had instead become an unsanitary dumping ground. “An area meant to improve public health is now actively harming it,” the court remarked, adding that this transformation of a public good into a hazard demanded immediate rectification.
Background of the Case
The Oxygen Zone, an urban greenery project behind Vyapar Vihar Planetarium, was established by the Municipal Corporation of Bilaspur at a cost of Rs. 2 crores. Covering 2.5 acres and featuring 600 plants, it was intended as a space for residents to walk, exercise, and breathe clean air. However, according to Haribhumi, the zone has suffered from severe neglect, with most of the plants either dead or near death. Garbage, allegedly dumped by municipal cleaning contractors, has piled up around the zone, creating a stench that has driven away visitors and residents.
The report revealed that the Ramky cleaning company, contracted by the Municipal Corporation, set up a small dumping area within the Oxygen Zone. This ad hoc dump has since overflowed, covering an additional 10 acres and affecting the entire vicinity, including the planetarium. With the garbage encroachment and foul smell pervading the area, the zone’s intended purpose of promoting health has been completely undermined.
Key Legal Issues
The court examined several legal and civic issues central to this case:
1. Public Health and Environmental Protection: The Oxygen Zone’s conversion from a green space to a dumping ground raised pressing concerns about environmental neglect and public health hazards.
2. Accountability of Municipal Authorities: The court demanded clarification on the Municipal Corporation’s failure to monitor the contracted cleaning activities and the overall maintenance of the Oxygen Zone.
3. Violation of Public Purpose Initiatives: The court considered the broader implications of this case, reflecting on the importance of public spaces designed for health, especially in urban areas suffering from pollution.
Court’s Observations and Directions
In a strongly worded directive, Chief Justice Sinha and Justice Guru emphasized the responsibility of municipal authorities to maintain spaces designated for public welfare. “If an area created for public health is turned into a dumping site, it represents a failure of both intent and execution. Such disregard for public resources and well-being cannot be tolerated,” the court noted.
The court further directed that the Municipal Corporation of Bilaspur, represented by Mr. R.S. Marhas, submit a personal affidavit detailing the corrective steps taken to restore the Oxygen Zone to its original purpose. The affidavit is to be accompanied by photographic evidence demonstrating the cleanup of the area. The court also set a deadline, listing the matter for further hearing on November 13, 2024.
In response, Mr. Marhas informed the court that the municipal authorities had issued a notice to Respondent No. 7 concerning the illegal dumping and assured the court that the area in question had been cleaned. He presented initial photographs indicating a cleanup effort, although the court insisted on a more detailed report supported by further evidence.
Mr. Shashank Thakur, Deputy Advocate General, represented the State and affirmed that steps were underway to resolve the issue permanently.
