1 2025:CGHC:5194-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 18 of 2025 Shailendra Prasad S/o Shri Jagdish Rao Aged About 61 Years R/o Jr. M.I.G. 1 Atal Vihar Yojana Chilhati - Chilhati Housing Board Colony Bilaspur, Mopka, Chhattisgarh. ... Petitioner(s) versus 1 - Executive Engineer Chhattisgarh Housing Board, Division- Bilaspur, New Bus Stand, Abhilasha Parisar, Tifra, District Bilaspur, Chhattisgarh. 2 - Zone Commissioner, Office Of The Zone Commissioner, Municipal Corporation, Bilaspur, Chhattisgarh. 3 - Sewerage Department, Sewage Department, Municipal Corporation Bilaspur, Bilaspur, Chhattisgarh. 4 - Chairman, Housing Board, Chhattisgarh Housing Board, Paryawas Bhavan, Sector 19, North Block, Nava Raipur, Atal Nagar, District Raipur. 5 - Department Of Housing And Environment, Chhattisgarh Government. Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur. ... Respondent(s) For Petitioner(s) : Mr. Rohit Kumar Sharivastava along with Mr.Somesh Vaidya, Advocate. For Respondents No. 1 to 4 : Mr. Sanjay Patel, Advocate. BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.29 18:56:02 +0530 2 For Respondent No.5 : Mr. Shashank Thakur, Deputy A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 29.01. 2025 1. Heard Mr. Rohit Kumar Shrivastava along with Mr.Somesh Vaidya, learned counsel for the petitioner. Also heard Mr. Sanjay Patel, learned counsel, appearing for the respondents No.1 and 4 as well as Mr. Shashank Thakur, learned Deputy Advocate General, appearing for respondent No.5. 2. The present writ petition (PIL) has been filed by the petitioner with the following prayers: “i) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for records to know about the status of amenities which were promised to be provided by Chhattisgarh housing board to the residents of the Atal Awas Yojana residential colony such as: a. School b. Health Center c. Community Center d. Commercial Shops e. Park f. Boundary Wall for the entire colony g. Main Gate It is pertinent to mention here that the impetus is on the boundary wall and the main gate as the absence of these two essential items has created unsafe conditions for the residents as well. 3 ii) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India to: - a. Replace the existing hazardous sewerage system and the open septic tank of the Atal Awas Yojana residential colony. b. Establish a definite timeline for the Chhattisgarh Housing Board, Zone Commissioner (Bilaspur Municipal Corporation) and Sewerage Department (Bilaspur Municipal Corporation) to construct the new Bio Sewerage Treatment Plant. iii) Any other Order as this Hon'ble Court may deem fit and appropriate in the light of the facts and circumstances mentioned hereinabove.” 3. Learned counsel for the petitioner submits that the petitioner is a retired government employee, and purchased M.I.G. house in Atal Awas Yojana residential colony, who speaks for the interests of the residents of Atal Awas Yojana residential colony. The operation of sewerage system of Atal Awas Yojana residential colony poses a serious threat to the health of the residents of the colony, the toxic gases emanating from the open septic tank make it unbearable for the residents to live in their houses, this clearly violates the fundamental right guaranteed by Article 21 of the Constitution of India to the residents as every citizen has the fundamental right to live in a clean, safe, hygienic environment and breathe clean air. He further submits that even after repeated requests/letters by the residents/petitioner to the relevant authorities (Chhattisgarh Housing Board, Zone Commissioner, Bilaspur Municipal Corporation and Sewage Department, Bilaspur Municipal Corporation), no action was taken by them, whereas instant action is required in the said matter to ensure the safety and protection of the residents. The 4 non-action and lackadaisical approach by the relevant authorities has created non-habitable conditions for the residents, which clearly violates their fundamental right to residence granted by Article 19(1)(e) especially when they have spent their hard earned savings to purchase their respective residential buildings in the colony. He relies upon the judgment of the Supreme Court in the matter of Municipal Council, Ratlam v. Vardhichand, (1980) 4 SCC 162, wherein the Supreme Court had held that Municipal Authorities have a statutory duty to provide basic sanitation and public health facilities, but, here clearly the Bilaspur Municipal Corporation along with Chhattisgarh Housing Board has denied the colony dwellers of this essential basic fundamental right. 4. It transpires from the pleadings made in the present PIL that the petitioner is the resident of Atal Awas Yojana residential colony where operation of sewerage system of Atal Awas Yojana residential colony poses a serious threat to the health of the residents of the colony. The toxic gases emanating from the open septic tank make it unbearable for the residents to live in their houses and hence, the present petitioner has come up before this Court for the aforesaid prayers, but on a pointed query being made from learned counsel for the petitioners regarding the maintainability of the present PIL, he could not justify the same. Moreover, he has pointed out that earlier the petitioner had filed writ petition being WPC No.154/2025 with similar prayers, which was dismissed as not maintainable by learned Single Judge of this Court vide order dated 13.01.2025 as there are alternative forums available to the petitioner under different Act or provision for redressal of his 5 grievance. Hence, we are not inclined to interfere with the matter. 5. Accordingly, the present writ petition (PIL) is dismissed leaving it open to the petitioner to approach the appropriate forum for redressal of his grievance. Security amount stands forfeited. Sd/- Sd/- Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu