Ramanuj Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 61 of 2018 Ramanuj Agrawal S/o Late Shri Madan Lal Agrawal, Aged About 73 Years R/o Infront Of Jain Mandir, Manendragarh, District Korea Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Health Engineering Public Health Engineering Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. Engineer In Chief Public Health Engineering Department, Indrawati Bhawan, New Raipur, District Raipur Chhattisgarh.

3. Chief Engineer, Public Health Engineering Department, Bilaspur Region, District Bilaspur Chhattisgarh.

4. Superintending Engineer, Public Health Engineering, Department, Ambikapur Zone, Ambikapur, District Surguja Chhattisgarh.

5. Executive Engineer, Public Health Engineering, Department, Baikunthpur Division, District Korea Chhattisgarh.

6. Collector, District Korea Chhattisgarh.

7. Commissioner, Municipal Corporation, Chirimiri, District Korea Chhattisgarh.

8. Chief General Manager, Chirimiri Area, South Eastern Coalfield Limited, Head Quartern, Malviya Nagar, Chirimiri, District Korea Chhattisgarh.

9. M/s Rajendra Kumar Poddar, A, V Class Contractor, Manendragarh, District Korea Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh. 10.M/s Mahaya Contractor Raipur, A, V Class Contractor, 229, 2nd Floor, Rishabh Complex, Mg Road Raipur Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh.

11. M/s S.K. Construction Company Jabalpur, S IV Class Contractor, Jagalpur Madhya Pradesh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh. 12.M/s Keval Kumar Jadhwani, Shankar Nagar Raipur, S IV Class Contractor, Raipur, District Raipur Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh. 13.M/s Amar Lal Agrawal Sakti, District Janjgir Champa A IV Class Contractor,

Janjgir Champa Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh. 14.M/s Sunil Kumar Jajodiya, Bilaspur, S Vth Class Contractor, Bilaspur Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh. 15.M/s Sanjay Kumar Gupta, Baikunthpur, S 2nd Class Contractor, Jail Road, Baikunthpur, District Korea Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh.

16.M/s Ram Gopal Somani, Contractor Janjgir Champa Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh.

17.M/s Manish Pipe Private Limited, Raipur Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh.

18.M/s Nagendra Kumar Pandey, Bilaspur Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh.

19.M/s Balram Das Ambikapur, District Surguja Chhattisgarh. Through Executive Engineer, Public Health Engineering Department, Baikunthpur Division, District Korea Chhattisgarh.

---- Respondents For Petitioner : Shri Uttam Pandey, Advocate.

For Respondent/State : Shri A.S. Kachhawaha, Additional Advocate General. For Respondent No.8 : Shri Vinod Deshmukh, Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Pritinker Diwaker, Judge Order on Board 10/07/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

Heard counsel for the parties.

2.

Perused the writ application which is in the nature of a Public Interest Litigation filed on behalf of the Petitioner raising certain objections against the augmented water supply scheme which has been contemplated and being implemented in a particular area of Chirimiri Municipal Corporation.

3.

The stand of the counsel for the Petitioner is that the population in that area is dwindling and the scheme which has been worked out by the Government is nothing but eyewash and is an effort to grab public money. 4.

With due respect of the counsel for the Petitioner, this Court is not going to interfere in the policy decision taken by the Government because the scheme by itself is meant for the welfare of the people of that area. Augmentation of water supply is essential and availability of drinking water is a right to life and therefore, these kinds of decisions are best left to the policy makers and an individual opinion or perception will not be basis for interfering with the scheme. 5.

The writ application has no merit. It is dismissed. Sd/- Sd/- (Ajay Kumar Tripathi) (Pritinker Diwaker) CHIEF JUSTICE JUDGE Anu