The Chhattisgarh High Court, led by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, has taken suo motu cognizance of a concerning news report alleging the illegal excavation and usage of murum (a type of soil) from army land near Chakarbhatha Airport, Raipur. This murum, reportedly stolen, has been used in constructing roads for a private residential project. The court has initiated a Public Interest Litigation (WPPIL No. 111 of 2024) to address the issue.
Background of the Case
The suo motu PIL was prompted by a series of articles published in Dainik Bhaskar from December 13 to December 24, 2024. The reports highlighted allegations against a private builder, Shri Pawan Agrawal, proprietor of ‘Fortune Element Colony,’ who allegedly used stolen murum for constructing roads in his 300-acre colony near Raipur. The allegations suggest murum was extracted illegally from defense land in village Telsara.
Key Legal Issues
1. Illegal Excavation and Use of Resources: The core issue pertains to whether murum was unlawfully excavated from defense land and whether it constitutes a violation of environmental and property laws.
2. Accountability of the Builder: The case questions the role and liability of Shri Pawan Agrawal, the proprietor of the private colony, in purchasing and using allegedly stolen resources.
3. State and Defense Oversight: The court seeks clarity on the role of state and defense authorities in preventing and monitoring such illegal activities.
Court’s Observations and Actions
The bench expressed grave concern over the potential misuse of defense property, stating, “Stolen resources from defense lands, if proven, constitute a grave breach of public trust and law.”
– Inclusion of New Respondent: The court directed the inclusion of ‘Fortune Element Colony’ through its proprietor, Shri Pawan Agrawal, as respondent No. 10.
– Notice Issued: Notices were issued to all respondents, including the builder and state authorities, to file affidavits detailing their roles and measures taken.
– Defence Estate Officer’s Involvement: The Defense Estate Officer has already urged the District Collector, Bilaspur, to halt murum excavation from the disputed land.
– Hearing Adjourned: The matter is scheduled for its next hearing on January 9, 2025.
Representation
– Mr. R. K. Gupta, Additional Advocate General, appeared for the state.
– Mr. Ramakant Mishra, Deputy Solicitor General, represented the Union of India via video conferencing.
