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Chattisgarh High Court

Maya R. Banerjee And Anr vs Commissioner, Raipur Nagar Nigam ... on 3 October, 2018

Bench: Ajay Kumar Tripathi, Parth Prateem Sahu

                                                                                       NAFR
                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                      WPPIL No. 44 of 2014
           1. Maya R. Banerjee W/o Ratneshwar Banerjee Aged About 63 Years R/o C- 7,
              Sector -2, Avanti Vihar Raipur, P.S. Telibandha, Distt. Raipur C.G.
           2. Ratneshwar Banjare S/o Late Matindranagh Banerjee Aged About 64 Years
              R/o C -7 Sector -2, Avanti Vihar, Raipur, P.S. Telibandha Distt. Raipur C.G.
                                                                             ---- Petitioners
                                             Versus
           1. Commissioner, Raipur Nagar Nigam Raipur, White House, Raipur City Distt.
              Raipur C.G.
           2. Zone Commissioner Zone 3, Municipal Corporation Shankar Nagar Raipur
              Distt. Raipur C.G.
           3. The Secretary Urban Administration And Development Housing Environment
              Ministry Mantralaya New Raipur C.G.
           4. Director Town And Country Planning RDA Building Near Amrit Sandesh
              Bhawan Raipur C.G.
           5. The State of Chhattisgarh Through The Chief Secretary Mahanadi Bhawan
              Mantralaya New Raipur C.G.
           6. The Collector Raipur, Distt. Raipur C.G.
           7. Member of Society Chhattisgarh Enviornment Conservation Board,
              Commercial Complex Chhattisgarh Housing Board Colony, Kabir Nagar,
              Raipur C.G.
           8. Fire Superintendent Fire Brigade Office Near Nalghar Raipur C.G.
           9. The Secretary Ministry of Health Services New Raipur C.G.
                                                                           ---- Respondents

__________________________________________________________________ For Petitioners : Shri Kishore Bhaduri, Advocate For Corporation : Shri Pankaj Agrawal, Advocate For Respondents/State : Shri A. S. Kachhawaha, Additional Advocate General Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per, Ajay Kumar Tripathi, Chief Justice 03.10.2018

1. The issue raised by the Petitioners in this PIL is not required to be further monitored by this Court. There are authorities and laws in place which are required to be activated and I am sure that if any of the Petitioners point out to the competent authority that either certain persons or institutions are in breach thereof, there is no 2 reason why such authority would not act upon the said inputs and take corrective measures.

2. In the present case, allegations are that in the residential colony many a commercial establishments have come up including Nursing Homes and Hospitals and they in turn are committing breach in many means including the manner in which the hospital wastes are being discarded and disposed off.

3. The writ application is disposed off with liberty to the Petitioners that in case the Petitioners approach the concerned authorities including the Raipur Municipal Corporation with their grievance, due enquiry would be made into the issue and what is required to be done within the frame work of law must be done without fear or favour.

                        Sd/-                                               Sd/-
                (Ajay Kumar Tripathi)                            (Parth Prateem Sahu)
                    Chief Justice                                        Judge


Chandra