Kamal Das Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 96 of 2020 Kamal Das Manikpuri S/o Late Rameshwar Das Manikpuri Aged About 38 Years R/o Kavita Nagar, Infront Of City Dental Care, Main Road Avanti Vihar, Raipur, District- Raipur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through- Secretary, Public Works Department, Atal Nagar, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh

2. Collector, Raipur, District- Raipur, Chhattisgarh

3. Managing Director, Chhattisgarh Road Development Corporation, 3rd Floor, Sirpur Bhavan Campus, Behind Akashwani, Civil Line, Raipur, District- Raipur, Chhattisgarh

4. Commissioner, Municipal Corporation, Raipur, District- Raipur, Chhattisgarh ---- Respondents For Petitioner : Shri Manish Upadhyay, Advocate.

For Respondent/State : Shri Satish Chandra Verma, Advocate General with Shri Chandresh Shrivastava, Deputy Advocate General.

For Respondent/Corporation : Shri Pankaj Agrawal, Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P. R. Ramachandra Menon, Chief Justice 06.10.2020 1.

The Petitioner has approached this Court with following prayers : "10.1 The Hon'ble Court kindly be pleased to call the entire record from the possession of respondent authorities for kind perusal.

10.2 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ by directing

the respondent authorities to take necessary steps for widening the drainage system of petitioner and nearby colonies within a period of two weeks and further direct the respondent authorities to complete the whole process of widening the drainage system within appropriate period of 6 months.

10.3 Any other relief, which may be suitable in the facts and circumstances of the case."

2.

Heard Shri Manish Upadhyay, the learned counsel for the Petitioner as well as Shri Pankaj Agrawal, the learned counsel representing the Municipal Corporation; besides Shri Satish Chandra Verma, the learned Advocate General representing the State.

3.

Shri Manish Upadhyay, the learned counsel for the Petitioner submits that because of the laxity on the part of the Local Authorities and the State, the inhabitants in the different colonies in the areas mentioned are made to suffer a lot during the heavy floods. There is no provision for drainage of water because of the heavy rains. The learned counsel makes a reference to the various photographs produced along with the writ petition in support of the submissions. It is also brought to the notice of this Court that despite filing several representations before the Authorities concerned, it has not so far been acted upon to provide the remedial measures.

4.

Shri Pankaj Agrawal, the learned counsel representing the Municipal Corporation submits that the problem pointed out by the Petitioner is being seriously looked into. The grievance projected in the representation is being considered and further steps are going on. The learned counsel submits that the substantial amount has already been earmarked for

taking the remedial measures by the 3rd Respondent and that effective steps will be taken by pursuing concerted action by the Municipal Corporation joining hands with the PWD and such other Authorities. The learned counsel submits that Annexure P/4 representation filed by the Petitioner will be considered and appropriate orders will be passed so as to meet the situation.

5.

After hearing both the sides, in view of the submissions made above, we do not find necessary to go into the merit of the case. The 4th Respondent is directed to consider the Annexure P/4 representation and pass appropriate orders in accordance with law, of course after affording an opportunity to the Petitioner, taking the proceedings to logical conclusion. The exercise shall be done as expeditiously as possible, at any rate within 'two months' from the date of receipt of a copy of this order. 6.

With the above observation/direction, the petition stands disposed off. Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Anu