1 CGHC010299932026 2026:CGHC:34045-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 42 of 2026 1 - Smt. Manki Bai W/o Shri Panchram Nageshwar Aged About 76 Years R/o Village Bhatgaon Nagar Panchayat Bhatgaon Ward No. 08 Dhaba Chowk Tahsil Bhatgaon District Sarangarh Bilaigarh (C.G.) 2 - Ramdular S/o Shri Rameshwar Aged About 47 Years R/o Village Bhatgaon Ward No. 09 Diprapara, Tahsil Bhatgaon, District Sarangarh- Bilaigarh (C.G.) 3 - Chhedilal Sahu S/o Mohanlal Sahu Aged About 47 Years R/o Village Bhatgaon, Ward No. 02 Bajar Chowk, Tahsil Bhatgaon, District Sarangarh-Bilaigarh (C.G.) 4 - Nageshwar Dhiwar S/o Bisahulal Dhiwar Aged About 22 Years R/o Village Bhatgaon, Ward 08 Dhaba Chowk, Tahsil Bhatgaon, District Sarangarh-Bilaigarh (C.G.) 5 - Hariram Banjare S/o Ramnath Banjare Aged About 35 Years R/o Village Bhatgaon Ward No. 09 Diprapara, Tahsil Bhatgaon, District Sarangarh-Bilaigarh (C.G.) 6 - Santoshi Banjare W/o Ramdular Banjare Aged About 42 Years R/o Village Bhatgaon Ward No. 09 Diprapara, Tahsil Bhatgaon, District Sarangarh-Bilaigarh (C.G.) 7 - Sahodra Banjor W/o Ramesar Banjor Aged About 77 Years R/o Village Bhatgaon Ward No. 09 Diprapara, Tahsil Bhatgaon, District Sarangarh-Bilaigarh (C.G.) 8 - Heeralal Sahu S/o Dhaneshwar Sahu Aged About 41 Years R/o Village Bhatgaon, Ward No. 05 Kuwan Chowk, Tahsil Bhatgaon, District- Sarangarh-Bilaigarh (C.G.) ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2026.08.06 10:20:39 +0530 2 9 - Baldev Prasad Sahu S/o Meghnath Sahu Aged About 53 Years R/o Village Bhatgaon, Ward No. 05 Kuwan Chowk, Tahsil Bhatgaon, District Sarangarh-Bilaigarh (C.G.) 10 - Vanshdhaari Singh S/o Lalwa Aged About 69 Years R/o Ward No. 01 Durga Mandir Chowk, Tahsil Bhatgaon, District Sarangarh-Bilaigarh (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Secretary Water Resources Department Atal Nagar Raipur (C.G.) 2 - Collector District Sarangarh-Bilaigarh (C.G.) 3 - Executive Engineer Water Resources Department Kasdol District Balodabazar-Bhatapara (C.G.) 4 - Commissioner Division Bilaspur District Bilaspur (C.G.) 5 - President Nagar Panchayat Bhatgaon District Sarangarh-Bilaigarh (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Awadh Tripathi, Advocate For Respondents No.1 to 4/ State : Mr. Praveen Das, Additional Advocate General For Respondent No.5 : Mr. R.S. Patel and Mr. Vikram Pratap, Advocates Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 05.08.2026 1. Heard Mr. Awadh Tripathi, learned counsel for the petitioners as well as Mr. Praveen Das, learned Additional Advocate General, appearing for the State/respondents No.1 to 4 and Mr. R.S. Patel along with Mr. Vikram Pratap, learned counsel appearing for respondent No.5. 3 2. Though the matter is listed in default on account of non-deposit of the security amount of Rs.15,000/-, it is noticed that the petitioners have, instead, deposited a sum of Rs.15,000/- towards Court fees. 3. Considering the fact that the petitioners have deposited Rs.15,000/- as Court fees in place of the requisite security deposit, the said amount is directed to be adjusted towards the security deposit. Accordingly, the defect pointed out by the Registry stands overruled. 4. The present petition has been filed by the petitioners in the nature and style of ‘Public Interest Litigation’ with the following relief(s):- “10.1 That, the Hon'ble court may kindly be pleased to direct the respondent authority to stop and prevented from the construction of street Zone complex and shops in the any part of land bearing khasra No khasra No 2052 of Village Bhatgaon the area of 0.8740 hec has which been subsequently partitioned as Khasra no 2052/1 area 0.8050 Hec Land of Village Bhatgaon as Annex P4 and 2052/2 area 0.0690 hec. land of Bhatgaon provided for construction of street zone and shop for their own benefits and without the public interest by damaging the water resources, in the interest of justice and quash the order if any, passed for construction of shop/commercial complex on Khasra No.2052/1 and 2052/2 which directly damage water body. 10.2 The Hon’ble Court may kindly be directed the respondent authorities to protect the water resources by following the order as passed by 4 the national Green tribunal Annexure p 12, in the interest of public at large. 10.3 That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with cost of the petition.” 5. The present petition has been filed by the petitioners in the nature and style of a Public Interest Litigation seeking, inter alia, a direction to the respondent authorities to stop the construction of the Street Zone/Commercial Complex over land bearing Khasra No. 2052, subsequently renumbered as Khasra Nos. 2052/1 and 2052/2, situated at Village Bhatgaon, and to protect the Adbandha Pond. The petitioners further seek quashment of any decision or action permitting such construction and a direction to the respondents to preserve the water body in accordance with the directions issued by the National Green Tribunal and other competent authorities. 6. The case of the petitioners is that the land bearing Khasra No. 2052 was originally recorded as Government irrigated land comprising the Adbandha Pond. According to the petitioners, although the Executive Engineer, Water Resources Department, while issuing the No Objection Certificate dated 31.03.2023, permitted construction only subject to the condition that the natural structure of the pond should not be disturbed, the respondent authorities subsequently partitioned the land into Khasra Nos. 2052/1 and 2052/2 and altered the revenue entries. It is alleged that taking advantage of such partition, the 5 respondents have proceeded with the construction of the Street Zone/Commercial Complex by damaging the pond area and acting contrary to the conditions contained in the No Objection Certificate. The petitioners further contend that despite submitting several representations before the competent authorities alleging violation of the conditions of the NOC and encroachment upon the pond area, no effective action has been taken, compelling them to file the present public interest litigation. 7. Learned counsel appearing for the petitioners reiterates the aforesaid contentions and submits that the construction activity is being carried out in violation of the conditions incorporated in the No Objection Certificate dated 31.03.2023 and is adversely affecting the natural structure of the Adbandha Pond. It is contended that the respondent authorities are under a constitutional and statutory obligation to preserve water bodies and, therefore, appropriate directions deserve to be issued to restrain further construction and protect the pond. 8. Per contra, learned State counsel submits that the present petition is not maintainable as substantially identical reliefs in respect of the very same subject matter were claimed earlier in W.P.(PIL) No. 3496 of 2026, which came to be dismissed by this Court by order dated 07.07.2026. It is submitted that the petitioners have merely attempted to improve the pleadings by referring to the partition of Khasra No. 2052, the conditions contained in the No Objection Certificate and subsequent representations, but the core grievance remains unchanged. It is, 6 therefore, contended that the present petition, filed in the guise of a Public Interest Litigation, is nothing but a second round of litigation on the same cause and is liable to be dismissed as not maintainable. 9. Having considered the submissions advanced by learned counsel for the parties and upon perusal of the material available on record, this Court finds that the principal grievance raised in the present petition pertains to the alleged construction of a Street Zone/Commercial Complex affecting the Adbandha Pond situated over land bearing Khasra No. 2052, subsequently renumbered as Khasra Nos. 2052/1 and 2052/2. The very same issue was the subject matter of consideration before this Court in W.P.(PIL) No. 3496 of 2026, which was dismissed by order dated 07.07.2026. Merely because the petitioners have incorporated additional pleadings regarding the partition of the land, the conditions of the No Objection Certificate or subsequent representations, the nature of the controversy does not undergo any material change. The substantial reliefs sought and the foundational cause of action continue to remain the same. 10. This Court is of the considered opinion that the petitioners cannot be permitted to reagitate, in the guise of a fresh Public Interest Litigation, substantially the same cause of action which has already been adjudicated by this Court. The subsequent averments regarding the partition of the land, the conditions contained in the No Objection Certificate dated 31.03.2023 and the representations submitted before the authorities do not give rise to any independent or fresh cause of 7 action so as to warrant reconsideration of the controversy already decided. Entertaining successive public interest litigations on the same subject would be contrary to the settled principles governing exercise of jurisdiction under Article 226 of the Constitution of India and would amount to permitting repeated litigation on an issue that already stands concluded. 11. Accordingly, the present petition, filed in the nature and style of a Public Interest Litigation, is dismissed in limine. No order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu