1 2025:CGHC:57188-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 22 of 2025 In The Matter Of Suo Moto Public Interest Litigation Based On News Item Published In Patrika Xpose Raipur Dated 31th January 2025 Namely ... Petitioner(s) versus 1. State of Chhattisgarh Through Chief Secretary Mahanadi Bhawan Atal Nagar Nawa Raipur Chhattisgarh 2. Secretary Urban Administration And Development Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur (C.G.) 3. Secretary Revenue And Disaster Management Department Mahanadi Bhawan Atal Nagar Nava Raipur (C.G.) 4. Collector Raipur District - Raipur Chhattisgarh 5. Superintendent of Police Raipur District- Raipur Chhattisgarh 6. Commissioner Municipal Corporation Raipur Chhattisgarh 7. Commissioner Municipal Corporation, Birgaon District - Raipur Chhattisgarh 8. Divisional Railway Manager, Raipur, District - Raipur Chhattisgarh. ...Respondent(s) (Cause-title taken from Case Information System) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.11.26 14:43:41 +0530 2 For Petitioner : None. For Respondent/State : Mr. Yashwant Singh Thakur, Additional Advocate General. For Respondent No. 6 : Mr. R.K. Gupta, Advocate. For Respondent No. 7 : Ms. Chetna Sharma, Advocate. For Respondent No. 8 : Mr. Ramakant Mishra, Deputy Solicitor General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 25.11.2025 1. This is an office reference. 2. Heard Mr. Yashwant Singh Thakur, learned Additional Advocate General, appearing for the State/respondents No. 1 to 5, Mr. R.K. Gupta, learned counsel, appearing for respondent No. 6, Ms. Chetna Sharma, learned counsel, appearing for respondent No. 7 and Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for respondent No. 8. 3. This suo moto public interest litigation petition has been registered on the basis of three news reports published in Hindi Daily Newspaper, Patrika XPOSE dated 31.01.2025. The heading of the first news is “ns[kjs[k ds vkHkko esa xka/kh f’k’kq m|ku gksrk tk jgk cngky”. The news report states that the Gandhi Bal Udyan, which was constructed for children to play, is no longer it for physical exercise. The condition of the garden is very bad. The exercise machine installed here has broken. One of the handles of the bicycle in the garden has broken. 3 The standing parts of the waist twister have broken. The groove of the air walker has come of. The upper layer of the fitness weight bench has also started coming of. The swings for small children have broken. All the exercise equipment have become discolored and disfigured. This garden looks in a bad condition due to lack of maintenance of the equipment. Five photographs have also been published alongwith the newsreport. 4. The heading of the second news item is “xqeVh cukdj 'kkldh; tehu ij dCtk uys ij vfrdze.k] ;krk;kr ckf/kr vkSj vlkekftd rRoksa dk tekoMk”. According to this news report, menace of illegal encroachment is continuously increasing in Birgaon Municipal Corporation area. People are illegally occupying government land and setting up kiosks, which not only affects traffic but has also increased the gathering of anti-social elements. Around Birgaon Nala, a kiosk has been set up by breaking the wire fencing and demolishing the wall, which has worsened the situation. An industrial institute has planted trees on both sides of the road from Birgaon Nala to Singhania Chowk Urla. This plantation has been done by the government and for its maintenance, lakhs of rupees is being spent every year but due to encroachment and anti-social elements, these trees are being harmed. People are consuming narcotic and psychotropic substances in the morning and evening under the cover of kiosks, due to which the plantation is being seriously damaged. Local residents and organizations have lodged complaints several times in the Municipal 4 Corporation, CSIDC office and Urla Police Station, but no concrete action has been taken in this matter. Municipal Corporation Commissioner has assured that the Municipal Corporation team will visit and inspect the spot action will be taken in this matter soon. A photograph of the illegal encroachment made by the people have also been published. 5. Heading of the third news is “eksok vaMjfczt esa xanxh dk vkye] jkgxhj gks jgs ijs’kku” which states that the condition of the Mowa under-bridge in the Capital is bad. Dirty water accumulates here. Water remains spread on the road. The tyres of vehicles passing through it get stuck in the drain attached to the wall anytime. Due to this, there is at times a situation of jam here. Garbage has started accumulating on the banks. A mirror was installed on the wall at the turn. That too has broken and fallen. At present, there is filth and darkness here. Recently, the railway overbridge of Mowa was repaired, but the underbridge has been ignored. Due to this, pedestrians passing through here are facing inconvenience. Two photographs have also been published alongwith the news report which shows that water is accumulated in the under-bridge. 6. Pursuant to the order dated 03.02.2025, a detailed affidavit was filed by the Secretary, Urban Administration and Development, Government of Chhattisgarh. This Court, in its order dated 06.02.2025, noted that notices were issued to encroachers on 20.01.2025 and 31.01.2025 requiring them to remove the encroachment within seven 5 days, and that the said period had not yet expired. Further steps would follow accordingly. The affidavit also states that Gandhi Shishu Udyan at Wagon Repair Shop (W.R.S.) Colony is the property of the Indian Railways, and that the responsibility for its maintenance lies with that authority. Likewise, the under-bridge where waterlogging and garbage were reported is also railway property, though the Municipal Corporation, Raipur, has additionally taken steps to clean the area. In view of the above, the Registry was directed to implead the Divisional Railway Manager, Raipur, as respondent No. 8. Mr. Ramakant Mishra, learned Deputy Solicitor General of India, accepted notice on behalf of the newly impleaded respondent. 7. When the matter was next listed on 25.02.2025, affidavits were filed by the Divisional Railway Manager, Raipur, and respondent No. 7, Municipal Corporation Birgaon, in compliance with the order dated 06.02.2025. These affidavits show that the Railway under-bridge has been cleaned and wall-painting work is in progress, expected to be completed by 06.03.2025. Civil work has commenced, including fencing, repair of chequered tiles, and restoration of the Gandhi statue’s granite slab, all scheduled for completion by 28.02.2025. The affidavit of respondent No. 7 further shows that on 22.02.2025, action was taken along with the team of Chhattisgarh State Industrial Development Corporation (CSIDC), Urla, and the police administration, resulting in the removal of illegal encroachments in the form of shops and kiosks situated on public roads and green belts owned by CSIDC. As the encroachments were on CSIDC-owned land, CSIDC is also a 6 necessary party in this case. The answering respondent states that the undertaking given on 03.02.2025 has been fulfilled and assures the Court that strict action will continue to be taken against encroachers. 8. Thereafter, the matter was listed on 20.03.2025. In compliance with the order dated 25.02.2025, an affidavit was filed by the Divisional Railway Manager, South East Central Railway. It states that the Railway Engineering Department has successfully removed the damaged open-gym equipment from Gandhi Shishu Udyan, WRS, Raipur. Civil works, including installation of fencing, repair of chequered tiles, and restoration of the Gandhi statue’s granite slab, have been completed. New open-gym equipment has been installed, and the Udyan has been reopened for public use. However, another news item published in Navbharat (Raipur edition) on 08.03.2025 reported that the Expressway, service road, and under-bridge were in pitch-dark and dilapidated condition. Passers-by reportedly had to risk their lives while navigating these areas. Accordingly, the Municipal Commissioner, Municipal Corporation Raipur, was directed to file a personal affidavit addressing the issues highlighted in the news report and detailing steps being taken to rectify the situation. 9. Pursuant to the order dated 20.03.2025, the Commissioner, Municipal Corporation Raipur, filed a detailed affidavit, which this Court noted in its order dated 08.04.2025. The affidavit states that the PWD is repairing street lights and assures that electricity supply will not be disrupted. Regular maintenance and repair of street lights on the 7 Expressway and under-bridges is ongoing. According to the affidavit, presently 90% to 95% of the street lights are functioning. 10. The matter was thereafter listed on 19.08.2025, 24.09.2025, and 30.10.2025, during which the learned State counsel informed the Court that no fresh incidents had been reported. The matter has been listed today accordingly. 11. It is submitted by learned counsel for the parties that generator sets have been installed by the PWD at the Railway under-bridges to ensure lighting even during electricity disruptions. The Department ensures continuous lighting at under-bridges and over-bridges. It is further submitted that regular maintenance and repair of street lights is being carried out by the PWD and that presently 90% to 95% of the street lights are functional. 12. In view of the submissions made by the learned counsel appearing for the parties and the comprehensive measures taken by the concerned authorities from time to time, as reflected in the various affidavits placed on record, it is evident that the issues highlighted in the news reports—namely, (i) the maintenance and restoration of the Gandhi Shishu Udyan, W.R.S. Colony, (ii) the removal of illegal encroachments upon the green belt and public road within the limits of the Municipal Corporation, Birgaon, and (iii) the cleaning, illumination, and upkeep of the Mowa Railway Under-Bridge and adjoining areas— have been duly attended to by the State authorities, the Municipal Corporations, CSIDC, and the Railways. The record further indicates 8 that generator sets have been installed by the PWD to ensure uninterrupted lighting in the under-bridges and over-bridges, and that regular maintenance is being undertaken, with approximately 90% to 95% of the street lights presently functioning. Having regard to the steps taken, and the assurances extended before this Court that such maintenance shall continue in the future as well, we are satisfied that the purpose of this suo motu public interest litigation has been served. 13. Accordingly, the suo motu petition stands disposed off. We record our expectation that all the stakeholder authorities shall continue to maintain the public amenities, parks, green belts, bridges, and public roads in a proper and diligent manner, so that no recurrence of the issues highlighted in the news reports takes place. It is, however, clarified that, if any, future incident of similar nature is brought to the notice of this Court, it shall be open to revive or reopen this petition for issuance of appropriate directions. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan