(We? mg gmgafg Mgr é } \ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR R w.P. (C) No. 37l2é OF 2009 PETITIONER Kripa Shankar Kashyap, S/o Ramlal Kashyap, Aged about 4O years, R/o Camp—2., Sheetala Mandir, Sheetala Complex, Bhilai, District Durg (CG) State of Chhattisgarh, Through Secretary, Department of Health, DKS Bhawan, Mantralaya, Raipur (CG) Commissioner, Municipal Corporation, Bhilai, Municipal Corporation Office, Supela, Bhilai, District Durg (CG) Executive Engineer, Municipal Corporation, Bhilai, District Durg (CG) Chief Medical Officer, District Hospital, Durg (CG) / PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF “E INDIA SB ' Hon’bie $hri Manindra Mohan Shrivastava J 18-04-2011 Smt. I'OUZla Mirza, counsel {Or the petitioner. Shri Suryakant Mishra, Pan 2i Lawyer for the respondents 1‘ and 4. 3. ‘S'nri A.S.Kachhwaha, counsei for respondents 2 and ‘ Heard. The gnevance which has been veniiiated by the petitioner through this petition is that ihe outiet of Suiabri Ioiiet Compiex situated at Shitia Mandir ward No.25 of Municipai Corporatihn Bmiar empties m the bhardapara pond water of which is used by the resic entsof the iocality for drinking purposes. it is the case of the petitioner that the drain water is thus causing severe poiiution, resuiting in serious denger to the heaith and hygiene of the feSldentS OT the locality. On 28i4i2009, this Court, 'n View of the confiicting statements made before the Court, directed the Su Divisionai Officer, Bhtiai, Chhavni, District- Durg to inspect the spot, prepare map and submit a report within a period of seven days, as to whether the Sui bh 3hauchaiaya — the subject matter of the petition, is within the area of 100 eet from canai. A report has been piaced before this Court aiong with an afh avit dated 6/5/09 in the said report, it has been stated that the drain water is fiowing into the canai and the water is ciogging into the Shardapara pon and therefore, contamination and potiution is possibie. it has aiso been sta ed that the distance between the Suiabh bomolex and tne canal is even iess than one reet Learned counsei tor the petitioner In vrew of tne sard report turtner submitted that the respondent I corporation Is under an obitgatron to take remediai measures to ensure that the drain water does not poiiute the water in Shardapara pond, which is used by the residents of the iocaiity. Learned {trier arm mmmw Wm§1§wm #Q, %3T%ma-TT%¥I counsei for the respondent i Corporation submits that in view of the said report, the respondent I' Corporation shaii take appropriate remedial measures to ensure that the drain water is not aiioweoi to poiiute the Shardapara pond. in view of the aforesaid su' mssions made bv iearned counsel for the parties and the report, which has een piaced on record, i deem it expedient to finally dispose off the matter wit following directions:- (a). Respondent No.2 shall tak appropriate remedial measures to ensure that the drain water comi g out from the Suiabh Complex, is not allowed to pollute the water in Shardapara pond. (b). The alternative measures hall be taken in such a manner that the Suiabh Complex is also op rated for the benefit of the residents of the locality and at the same tim ,the remediai measures as stated in para (a) are taken up. (c). The exercise for remedial measures shali be taken expeditiously, keeping in view that the h aith and hygiene of the residents of the iocaiity, is being adversel affected. Under all circumstances, the effort shali be made by r spondent No.2 to ensure that remedial measures are taken. as ex editiousiy as possible. within an outer limit of three months. Eeepti With the aforesaid obse ationsidirections, the petition is finally disposed off. / . ‘. i / W 4.. i e Sd/— Manindra Mohan Shrivastava Judge {as sea i