Chattisgarh High Court
Ramniwas Tiwari vs State Of Chhattisgarh on 14 January, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 113 of 2019
ARVIND KUMAR SHUKLA (PETITIONER IN PERSON)
versus
STATE OF CHHATTISGARH
WPPIL/18/2020,WPPIL/66/2023,WPPIL/21/2020
Order Sheet
14/01/2025 Heard Mr. Ashutosh Singh Kachhawaha appears as
amicus curiae.
Mr. Nilkanth Malviya, Mr. Ankit Pandey, learned
counsel for the respective petitioners.
Mr. R. S. Marhas, Addl. Advocate General for the
Respondent/ State.
Mr. Sunil Otwani, counsel for Respondent No. 4 in
WPPIL No. 113/2019.
Ms. Annapurna Tiwari and Mr. Tushar Dhar Diwan
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counsel for Union of India.
Mr. Pankaj Agrawal, advocate along with Mr.
Rakshit Tiwari, counsel for the Municipal Corporation,
Bilaspur.
Mr. Animesh Pathak on behalf of Mr. Amrito Das,
counsel for Respodent No. 10
In compliance of the court’s order dated 19/11/2024
the affidavit has been filed by the Collector, Gaurella-
Pendra-Marwahi on 28.11.2024 which is read as under:-
1. That, I am Collector of District – Gourela-Pendra-Marwahi
(C.G.) and as such I am aware of the facts and circumstances
of the case.
2. That, vide order dated 19/11/2024, Hon’ble Division Bench
directed the Collector, Gourela-Pendra-Marwahi to file further
affidavit stating what steps have been taken pursuant to the
proposal sent by the Executive Engineer, Water Resources
Division, Marwahi with regard to acquisition of land of the
origin of Arpa.
3. It is submitted that with regard to acquisition of land of the
origin of Arpa, the deponent has set in motion the procedure
for acquisition of land under the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013.
4. It is submitted by the deponent that the said proceeding of
land acquisition is likely to be completed within 16 months.
Thereafter, tender process would be initated for awarding the
construction work and work order will be awarded to the
successful bidder.
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5. It is respectfully submitted that all due efforts are being
made by the deponent and steps are being taken in order to
complete the procedure of land acquisition as per the
provisions contained in Section 4, 6, 7, 8, 11, 19 and 21 to 24
of the Act.
And thereafter on 04.12.2024, again he has filed his
personal affidavit in the matter which is as under:-
1. That, I am the Collector of District Gourela-Pendra- Marwahi
(C.G.) and as such I am aware of the facts and circumstances
of the case.
2. That, vide order dated 19/11/2024, Hon’ble Division Bench
directed the Collector, Gourela-Pendra-Marwahi to file further
affidavit stating what steps have been taken pursuant to the
proposal sent by the Executive Engineer, Water Resources
Division, Marwahi with regard to acquisition of land of the
origin of Arpa.
3. That, it is submitted that with regard to acquisition of land of
the origin of Arpa, the deponent has set in motion the
procedure for acquisition of land under the provisions of the
Right to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement Act, 2013.
4. It is submitted by the deponent that the Administrative
Approval of the project is provided by Govt. of C.G., Water
Resources Department on 18.09.2024. Copy of the letter is
being annexed herewith as Annexure-A/1. The Proposal of
land acquisition for registration is submitted by Executive
Engineer, Water Resources Division, Marwahi to the office of
the Collector, Gourela-Pendra-Marwahi (C.G.) on 10.10.2024.
Copy of letter dated 10.10.2024 is being annexed herewith as
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Annexure-A/2. The case of land acquisition for Arpa Udgam
has been registered by the office of Collector, Gourela-Pendra-
Marwahi (C.G.) on 21.10.2024. (Copy of letter dated
21.10.2024 is being annexed herewith as Annexure-A/3. The
Land Acquisition case is forwarded to Sub Divisional Officer
(Revenue), Pendra-Road for further action. Thereafter the Sub
Divisional Officer (Revenue), Pendra-Road sent the Land
Acquisition case to Tehsildar, Pendra for verification of land on
23.10.2024. Copy of letter dated 23.10.2024 is being annexed
herewith Annexure-A/4. The document regarding verification of
land acquisition for Arpa Udgam Project is submitted to Sub
Divisional Officer (Revenue), Pendra-Road by Tehsildar,
Pendra on 28.11.2024. Copy of letter dated 28.11.2024 is
being annexed herewith as Annexure-A/5.
Thereafter, the Sub Divisional Officer (Revenue),
Pendra-Road issued a letter to Executive Engineer, Water
Resources Division, Marwahi to deposit Rs. 5.00 Lakhs for
Social Impact Assessment on 03.12.2024 and Executive
Engineer, Water Resources Division, Marwahi has deposited
the amount and intimated to Sub Divisional Officer (Revenue),
Pendra-Road vide letter no. 2674 dated 03.12.2024. Copies of
letters dated 03.12.2024 are being collectively filed herewith as
Annexure-A/6. Persently the proceedings of Social Impact
Assessment is about to start.
5. The proceeding of land acquisition is likely to be completed
in 16 months provided there are no legal obstacles. The
Proceeding under various sections of the Right to Fair
Compensation and Transparency in Land Acquisition
Rehabilitation Resettlement Act, 2013 are likely to take time as
follows:-
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(ii) Section 7: The Expert Group Constituted under Sub-
section (1) of section 7 of the Act shall evaluate the Social
Impact Assessment Report – 02 Months
(iii) Section 8: Appraisal of Social Impact Assessment by an
expert group and publication in local news paper – 02 Months
(iv) Section 11: Publication of Preliminary notification in news
paper and Official Gazette – 02 Months
(v) Section 15: Public Hearing in Gram Sabha & Resolution of
claimed objection in Publication of Preliminary notification – 02
Months
(vi) Section 19: Publication of Preliminary notification in news
paper and Official Gazette – 02 Months
(vii) Section 21: Publication of Public Hearing and Public
Notice 01 Month
(viii) Section 22: Preparation of form /Document – 01 Month
(ix) Section 23 & 24: Proceedings of Award Proccess – 02
Months.
Thereafter, tender process would be initated for awarding
the construction work and work order will be awarded to the
successful bidder.
6. That, it is respectfully submitted that all due efforts are being
put in and steps are being taken in order to complete the
procedure of land acquisition as per the provisions contained
in Section 4, 6, 7, 8, 11, 19 and 21 to 24 of the Act.”
Also, the affidavit filed by the Commissioner,
Municipal Corporation, Dist- Bilaspur on 10.12.2024
which is read as under:-
1. That, I am the Commissioner, Municipal Corporation,
Bilaspur, District Bilaspur and as such I am aware of the facts
6/9and circumstances of the case.
2. That, this affidavit is being sworn in compliance of order of
this Hon’ble Court dated 05/12/2024. Vide order dated
05/12/2024, this Hon’ble Court has been pleased to direct that
the responsible officer of Municipal Corporation shall remain
present along with the records of the case.
3. That, being a responsible officer, I am duty bound to follow
all the directions and orders issued by the Hon’ble Court in
letter and spirit.
4. That, the drains are being constructed on both sides of the
Arpa River about which description has been given in the
earlier affidavits filed on behalf of the Respondent No. 7 in the
instant proceedings.
5. That, under Bilaspur Smart City Limited, Sewerage
Treatment Plants [STPs] are being constructed and I being a
responsible officer of the Respondent No. 7 can state that
these plants will be commissioned to their full capacity i.e.
treating 23 Million Litre Per Day [MLD].
6. It is respectfully stated that the total cost of these plants is
more than Rs. 30.02 Crores. At present, the work is completed
to an extent of about 80%.
7. That, even with this much capacity which comes to around
23 MLD, the Bilaspur Smart City Limited would be in a position
to treat only 60% of the sewerage water. For the balance 40%,
project report has been obtained from the consultant i.e. Blue
Stream Infra Development Consultant Pvt. Ltd. Pune.
8. That, a total sewerage i.e. generated in a day within
Municipal Corporation area of Bilaspur is 156 MLD. There are
2 Sewerage Treatment Plants already working with the
7/9capacity of 54 & 17 MLD which comes to 71 MLD, with the
commissioning of 23 MLD by the end of March, 2025. A total of
60% of sewerage generated per day would be treated.
9. That, with regard to balance 40% that comes to around 62
MLD, the process for establishing more treatment plants is
under way. In this regard, it is respectfully submitted that Blue
Stream Infra Development Consultant Pvt. Ltd. Pune has
already given its DPR. The project report given by the Blue
Steam Infra Development Consultant Pvt. Ltd. Pune proposes
increasing the capacity of earlier established STP having a
capacity of 54 MLD to 90 and 17 MLD to 26 and an additional
STP having capacity of 40 MLD has been proposed. The
verification of the DPR is being done by the PHE, Department
and this verification is likely to take some time as the
committee has to be formulated for the purpose. After approval
by the said committee, the administrative as well as financial
sanctions will have to be obtained from the concerned
authorities where after the process for establishment and
commissioning will take place.
10. That, in order to verify the DPR, a technical report has
been sought from the Chief Engineer, PHE Department about
the utility and the feasibility of the project vide letter dated
06/11/2024. Copy of the letter dated 06/11/2024, is being filed
herewith as ANNEXURE D-1.
11. It is respectfully submitted that the entire process for the
balance 40% work is certainly going to take some time
because it pre-supposes various administrative, technical &
financial sanctions.
12. That, I being the Commissioner, Municipal Corporation,
8/9Bilaspur and committed to make serious efforts and ensure
timely accomplishment of the project.
It has been pointed out that one Blue Stream Infra
Development Consultant Pvt. Ltd. Pune had submitted
DPR for increasing the capacity of earlier established
STP which was to be approved by the Chief Engineer,
PHE Department. Mr. R. S. Marhas, learned counsel
appearing for the Respondent/ Municipal Corporation,
Bilaspur, on instructions submitted that the said DPR has
not been approved by the PHE Department and hence
the Commissioner, Municipal Corporation, Bilaspur is
directed to inform about the steps of DPR taken by them
so that the water which is flown from the canals/ drainage
contaminating the earth water using in the Bilaspur
district. It has also been stated by Mr. Marhas that the
State has allocated some funds for getting clean water to
the people and also tried to trace out the contamination
which is taken from the origin of the Arpa river for which
the land is also being acquired at the place of origin of
Arpa river. As the Municipal Corporation is making efforts
to keep the entire sewerage water recycled for its use
with some advance technology with clean water
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revolution by 31st March to the extent of 60%, so far as
remaining part of 40 % is concerned, it will take some
time to various administrative, technical and financial
sanctions. Be that as it may, the Commissioner, Municipal
Corporation, Bilaspur is directed to expedite the things
and efforts at his end and shall file further affidavit with
respect to the status of the present matter.
Another news item has been published in Page No.
10 of Hari Bhumi, Bilaspur edition on 12.01.2025 with
heading ” dksVZ x, rks 5 yk[k rd tqekZuk] foHkkx lLrs esa NksM jgk
blfy, jsr ekfQ;k ds gkSlys cqyan] vkSj 12 xkMh idMh “.
The District Magistrate, Raipur, is directed to file
his personal affidavit with respect to authenticity of the
news published in the news paper Hari Bhumi on
12.01.2025.
Let the matter be again listed on 11/02/2025.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
sagrika