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2026 Supreme(Online)(Chh) 10714

HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
HEMANT KUMAR PATEL – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC No. 139 of 2026



Advocates:
For the Appellants/Petitioners: Akhand Pratap
For the Respondents: Sabyasachi Choubey

The Court directed the Gram Panchayat to resolve a public nuisance complaint regarding an unauthorized dairy operation by conducting a hearing and passing an appropriate order within a specified timeframe.

Headnote:(A) Public Nuisance - Unauthorized Dairy Operation - Direction to Gram Panchayat to consider complaints regarding pollution, foul smell, and health hazards and pass appropriate orders after affording a proper opportunity of hearing to all concerned parties. (Para 4)

Issues: Whether the Gram Panchayat should be directed to take action against an unauthorized dairy operation causing public nuisance and environmental pollution.

Table of Content
1. petitioner's grievance regarding public nuisance and environmental pollution caused by an unauthorized dairy operation. (Para 1 , 2)
2. judicial direction to the local authority to adjudicate the nuisance complaint through a fair hearing. (Para 3 , 4 , 5 , 6)

NAFR

SHYNA AJAY

Digitally signed by SHYNA AJAY

Date: 2026.04.23 20:22:19 +0530

(Cause Title downloaded from CIS Periphery)

Order on Board

1. By way of this petition, the petitioner seeks the following reliefs :

10.1 That this Hon'ble Court may kindly direct the Gram Panchayat to take immediate action under the law against the unauthorized cowshed/dairy being operated adjacent to the petitioner's residence and to stop the resulting foul smell and pollution.

10.2 That this Hon'ble Court may direct the concerned authorities to ensure proper cleaning, removal of waste/dung, and sanitation measures such as anti-mosquito/anti-larvae spraying at the said location to protect health and the environment.

10.3 That this Hon'ble Court may direct the State/Gram Panchayat to carry out inspection, take necessary action, issue notices if required, and submit a compliance report within a specified time frame.

10.4 That this Hon'ble Court may pass any other order or relief as it may deem just and proper in the interest of justice. Any other relief as this Hon'ble Court may deems fit in the facts and circumstances of the case be awarded.

2. Learned counsel for the petitioner submits that the grievance of the petitioner arose when the private respondent i.e. respondent No.5 commenced an illegal dairy operation adjacent to the petitioner’s residence, despite objections from the petitioner and other villagers. The said respondent is dumping animal excreta and waste against the petitioner’s boundary wall, causing an intolerable foul odour, polluting the environment and posting a severe threat to public health and sanitation. Furthermore, the continuous accumulation of dung has structurally weakened the petitioner's boundary wall. He submits that the petitioner made multiple oral requests to respondent No.5 in this regard, which was unheeded. Left with no other remedy, the petitioner made complaints on 9.11.2023 and 4.3.2025 before the Sarpanch, Gram Panchayat, Parsahi, stating the nuisance and health hazards. He also made a representation before the concerned Collector, however, the said authorities did not take any action. Learned counsel for the petitioner prays to dispose of this petition with a direction to the concerned Gram Panchayat to consider the case of the petitioner.

3. Heard learned counsel for the parties and also perused the documents annexed to the petition.

4. Considering the aforesaid aspect of the matter, the concerned Gram Panchayat is directed to consider the case of the petitioner and pass appropriate orders in this regard, after affording a proper opportunity of hearing to the petitioner, the other villagers and respondent No.5 (private respondent running the said dairy).

5. The entire exercise shall be completed within a period of 4 weeks from the date of receipt of a copy of this order.

6. With the aforesaid observations/directions, the Petition is finally disposed of.

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