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2026 DAILYLAW 30415 (CHH)

IN THE MATTER OF SUO MOTO PUBLIC INTEREST LITIGATION v. UNION OF INDIA

WPPIL/12/2026 · 2026-07-29

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2026

Judgment text

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CGHC010083552026 2026:CGHC:32879-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 12 of 2026 In The Matter Of Suo Moto Public Interest Litigation Based On News Item Published In Daily News Paper Bilaspur Bhaskar, Bilaspur Dated 25th February, 2026 The News Items As Follows Haal A Railway Infra- 8 Crore Ke Underbridge Se Pani Ka Risav, Paidal Chalne Vale Ho Rhe Presaan, Tarbahar Ki Samasya Dur Hui To Naye Me Suru Ho Gaye. Chuchuhiyapara Ka Haal Behaal, Afsar Bole-Sambandhit Vibhag Se Sudharvaya Jayega. ... Petitioner(s) versus 1 - Union Of India Through The Secretary, Ministry Of Railway, Rail Bhawan, New Delhi. 2 - State Of Chhattisgarh Through Principal Secretary Public Works Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 3 - General Manager South Eastern Central Railway New Gm Building, Bilaspur Zone, Bilaspur (C.G.) 4 - Assistant General Manager South Eastern Central Railway Bilaspur (C.G.) 5 - Divisional Railway Manager South Eastern Central Railway Bilaspur (C.G.) 6 - Collector Bilaspur, District- Bilaspur (C.G.) 7 - Commissioner Municipal Corporation Bilaspur (C.G.) 8 - Chief Engineer Public Works Department, Bilaspur (C.G.) ...Respondents (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Union of India : Shri Ramakant Mishra, DSG For State : Shri Prasun Bhaduri, Addl AG For Respondent-7 : Ms Anandi Sharma, Advocate --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Digitally signed by V PADMAVATHI Date: 2026.08.03 11:16:59 +0530 Wppil 12 of 2026 2 Per R amesh Sinha, Chief Justice 30.07.2026 Heard Shri Ramakant Mishra, learned counsel for the Union of India, Shri Prasun Bhaduri, learned Addl AG for the State and Ms Anandi Sharma, learned counsel for respondent-7. 1. This is an office reference. 2. The present suo motu Public Interest Litigation was registered pursuant to a news report published in the Hindi daily newspaper Dainik Bhaskar, Bilaspur Edition, dated 25.02.2026, under the headlines " हाल ए रेलवे इं फा : आठ करेड़ क अं डरेब्रिज से पानी क रिरेसेवे, पादल चलनी वेल हा रेहा पारेशानी, तारेबाहारे क सेमस्या द$रे हुई ता नीए म' शा(रू हा गई" and " च(च(ब्रिहायापारे क हाल बाहाल, अंफासेरे बाल- से बा ब्रि+ता ब्रिवेभाग से से(+रेवेया जएग". The news report highlighted the poor condition of the railway underbridges at Tarbahar (LHS No. 366) and Chuchuhiyapara (LHS No. 365), alleging water seepage, leakage of dirty water, accumulation of mud and unhygienic conditions, causing serious inconvenience to pedestrians and other commuters. It was further reported that despite substantial public expenditure incurred on the construction and extension of the underbridges, the problems of seepage and inadequate drainage continued to persist. Considering the larger public interest involved, particularly the issues relating to public safety, civic infrastructure and commuter convenience, this Court took suo motu cognizance of the matter and registered the present Public Interest Litigation. 3. Considering the seriousness of the issues highlighted in the newspaper report, this Court, took up the matter for hearing on 25.02.2026. Taking note of the allegations regarding persistent water seepage, leakage from the roof and side walls of the railway underbridges and the inconvenience being caused Wppil 12 of 2026 3 to pedestrians and motorists, this Court on the day, directed Respondent No.5/Divisional Railway Manager, South East Central Railway, Bilaspur to file his personal affidavit placing on record the factual position and the remedial measures proposed to be undertaken. 4. Pursuant to the aforesaid direction, when the matter was taken up again on 11.03.2026, the Divisional Railway Manager, South East Central Railway, Bilaspur filed a detailed personal affidavit dated 09.03.2026. The affidavit disclosed that in respect of LHS No.365 (Chuchuhiyapara), the seepage had been traced to leakage from a nearby private colony drain and three locations in the water pipeline crossing the BSP Yard. Temporary repair to the pipeline leakage and overhead seepage had been completed on 26.02.2026, while permanent rectification of the pipeline leakage had been completed on 02.03.2026. It was further stated that permanent seepage rectification and road surface improvement had already been planned after the conclusion of the Board examinations and that the work had been awarded by issuance of a Letter of Acceptance dated 05.02.2026. 5. The affidavit further disclosed that in respect of LHS No.366 (Tarbahar), water seepage had been noticed between the RCC box joints below the railway line. It was stated that the work relating to permanent rectification of seepage and improvement of the road surface had already been awarded through the Letter of Acceptance dated 05.02.2026, and that cleaning of silt, garbage and waste material had been completed immediately after publication of the news report. Taking note of the remedial measures initiated by the Railway Administration, this Court, by order dated 11.03.2026, directed the Wppil 12 of 2026 4 Divisional Railway Manager to file a further personal affidavit indicating the progress of the work. 6. Thereafter, when the matter was taken up on 20.04.2026, the Divisional Railway Manager filed a further progress affidavit dated 18.04.2026. The affidavit disclosed that substantial progress had been made in the improvement work at Tarbahar LHS No.366. It was stated that dismantling of damaged chequered tiles and enlargement of drainage outlet holes had been completed; concreting work and improvement of the drainage system were under progress; laying of paver blocks and improvement of the pedestrian pathway had progressed substantially; grouting work to arrest seepage in the RCC box joints was underway; and the remaining works relating to roof repairs, installation of valley gutters and other allied measures would be undertaken in a phased manner. The affidavit further stated that upon completion of the works at LHS No.366, similar improvement works at Chuchuhiyapara LHS No.365 would also be undertaken. 7. During the hearing held on 20.04.2026, learned Deputy Solicitor General appearing for the Union of India submitted that the remaining works were in progress and would be completed within a period of one month. Taking note of the said submission and the fact that the remedial measures are still under execution, this Court directed Respondent No.5/Divisional Railway Manager, South East Central Railway, Bilaspur to file a further personal affidavit indicating the latest status of the works and listed the matter for further monitoring. Wppil 12 of 2026 5 8. This Court has carefully considered the affidavits filed by the Divisional Railway Manager, South East Central Railway, Bilaspur and the material placed on record during the course of these proceedings. The affidavits demonstrate that prompt action was initiated by the Railway Administration immediately after publication of the news report by undertaking temporary repairs, rectifying pipeline leakages, cleaning the affected areas, awarding contracts for permanent remedial works and commencing comprehensive improvement of the drainage system, road surface and pedestrian facilities at the concerned railway underbridges. 9. The object of the present suo motu Public Interest Litigation is to ensure that the problems relating to water seepage, inadequate drainage, unhygienic conditions and inconvenience to the general public at the Tarbahar and Chuchuhiyapara railway underbridges were effectively addressed by the Railway Administration. From the material placed on record, it is evident that the respondent authorities have undertaken substantial remedial measures and have initiated permanent infrastructure improvement works to resolve the issues highlighted in the newspaper report. This Court expects that the Railway Administration shall continue to ensure proper maintenance of the railway underbridges and to undertake periodic inspections so that such problems do not recur in future. 10. In view of the affidavits filed by the Divisional Railway Manager, South East Central Railway, Bilaspur and the progress reported regarding the execution of the remedial works, this Court is satisfied that the respondent authorities have taken effective steps to address the grievances which formed Wppil 12 of 2026 6 the basis of the present suo motu Public Interest Litigation and that no further monitoring by this Court is presently required. 11. This Court further hopes and trusts that adequate and effective steps shall continue to be taken by the respondent authorities for proper maintenance of the railway underbridges and for ensuring safe, hygienic and convenient passage for pedestrians and commuters at all times. It is, however, made clear that maintenance of public infrastructure, including railway underbridges, and ensuring safe and convenient passage for pedestrians and commuters are continuing obligations of the concerned authorities. The respondent authorities shall continue to undertake regular inspection, timely maintenance and all necessary remedial measures to ensure that such deficiencies do not recur and that the infrastructure is maintained in accordance with law. 12. With the aforesaid observations, the present suo motu Public Interest Litigation stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma/alok