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2018 Supreme(Chh) 545

IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
THOTTATHIL B. RADHAKRISHNAN, SHARAD KUMAR GUPTA, JJ.
Tej Ram Manjhi S/o Hans Ram Manjhi - Petitioner
Versus
Union of India The Secretary, Ministry of Environment And Forests and Ors - Respondents
WPPIL No. 130 of 2017
Decided on : 03-05-2018

Advocates:
Advocate Appeared:
For the Petitioner:Shri Hamida Siddiqui, Advocate.
For the Respondent:Shri B. Gopa Kumar, Assistant Solicitor General, Shri Yashwant Singh Thakur, Additional Advocate General, Shri Animesh Tiwari, Advocate. Shri Saurabh Dangi, Advocate

Headnote:

Public Interest Litigation – Notice - Challenges by industrial activities in that area - Petitioner has produced different materials which would inspire due action - Petitioner has instituted this matter as a Public Interest Litigation pointing out that there are various industrial Establishments within limit of different Panchayats in district of Raigarh, activities of which are injurious to people at large. Materials are placed on record to show that local inhabitants face multifarious challenges to health - Held, There is a sustained and strong allegation by the Petitioner that Corporate Social Responsibility; for short CSR, obligation have not been appropriately carried forward through requisite conduce to be utilized locally - This may be due to lack of insistence of CSR funds being provided by institutional establishments or lack of the utilization of those funds for due performance - This issue shall also be addressed by District Collector - Steps taken in this regard shall also be reported to this Court - That shall also be made available before the Registrar General of this Court without fail within a period of three months from now - Writ petition ordered accordingly.

JUDGMENT :

THOTTATHIL B. RADHAKRISHNAN, J.

1. This writ petition is instituted as a 'Public Interest Litigation' bringing to the notice of this Court the pathetic situation of the people living in the limits of different Panchayats in the District of Raigarh; their life and health being exposed to multifarious challenges by industrial activities in that area. The Petitioner has produced different materials which would inspire due action.

2. We have heard the learned counsel for the Petitioner, the learned Assistant Solicitor General of India and the learned Additional Advocate General. We have the assistance of learned Amicus Curiae.

3. On 9.11.2017, after hearing the official Respondents through the learned Additional Advocate General and the learned Assistant Solicitor General, an order was issued by this Court to the following effect:

“The Petitioner has instituted this matter as a Public Interest Litigation pointing out that there are various industrial Establishments within the limit of different Panchayats in the district of Raigarh, the activities of which are injurious to the people at large. Materials are placed on record to show that the local inhabitants face multifarious challenges to health.

Under such circumstances, having regard to the materials placed on record, we direct the Member Secretary, Chhattisgarh State Legal Services Authority; for short 'the SLSA' to require the District Legal Services Authority, Raigarh; for short 'the DLSA', to have an inspection conducted through the Secretary of that DLSA with the support of legal aid counsel or para legal volunteers as may be required in the assessment of the Chairperson of that DLSA.

A comprehensive report shall be placed before this Court by the Chairperson, DLSA, Raigarh through the Member Secretary, SLSA. It would be open to the DLSA Chairperson to call for report or materials from all the officials whose assistance would be required to conclude on the matter. Similarly, we hereby order and authorise the DLSA Chairperson to issue notice on the strength of this order to the various industries and calling for their response in the matter. Such inputs from those Establishments will also be considered and reflected appropriately in the report. The DLSA, Raigarh will sent report to this Court through Chhattisgarh SLSA. Let such report be made available before this Court without fail within a period of two months.

Post this matter on 16th January, 2018.

The office will communicate this order to the Chhattisgarh SLSA and DLSA, Raigarh with copy of the writ petition and documents filed therewith. The learned Additional Advocate General and the learned Assistant Solicitor General will instruct the District Collector, Raigarh, the Superintendent of Police, Raigarh as also the Public Health authorities and the other Government officials to extend requisite facilities for inspection and also to place such materials as may be necessary for the Chairperson, DLSA, Raigarh to prepare the report as directed through this order. The Petitioner will also be entitled to place views before the Chairperson, DLSA, Raigarh.”

4. Now, a report has been placed by the Chhattisgarh State Legal Services Authority; for short 'SLSA' forwarding the report of District State Legal Services Authority, Raigarh; for short 'DLSA'. We have considered the contents of that report and the shocking revelation is that inhuman condition prevails in the affected area. The community living in that affected area is eligible for all assistance and protection to health and environment in terms of the Constitution and the laws.

5. While we have considered the report of DLSA, Raigarh, we cannot, but observe that there is no contribution by the health sector officials which would inspire confidence in the mind of this Court. There appears to be a statement on record as part of that report by the Chief Medical & Health Officer; for short 'CMO', Raigarh that no cases have been reported. The requirement is not to find out whe










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