Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Chhattisgarh High Court: In a suo motu writ petition registered regarding the reported blockage of passage being used for the past 40 years by 15 families residing beneath the Dayalband Bridge, the Division Bench of Ramesh Sinha, CJ., and Bibhu Datta Guru, J., directed the Collector to file a fresh and comprehensive affidavit indicating the steps proposed for ensuring a permanent solution to the issue of obstruction of public passages.
Background
The Court took suo motu cognizance based on a news report published in the Hindi Daily, Haribhoomi, which stated that certain persons had allegedly blocked a passage being used for the past 40 years by about 15 families residing beneath the Dayalband Bridge, thereby causing severe hardship to them. Reportedly, children had to be carried on shoulders to school and back again, crossing the river beneath the bridge. Furthermore, vehicles had to be parked on the main road or near shops because the river made it difficult to drive.
The report further stated that after complaining about the matter to the Collector, the site was demarcated, showing a footpath. The Revenue Department also conducted an inspection and prepared a panchnama, wherein it was found that all residents had been commuting through the said footpath for years. However, even after this, an iron gate was installed and a boundary wall was erected, with a note on the wall stating that those passing through that path will be given proper treatment, thereby threatening the residents. Allegedly, as per the residents, the people who had blocked the path wanted to buy the land and were adopting the arm-twisting methods when they failed to succeed.
On the last date, i.e., 16-10-2025, the Court noted that the message on the wall was virtually a direct challenge to the State’s authority, as no person was allowed to take the law into their own hands. Considering the seriousness of the issue, the Court directed the District Magistrate, Bilaspur, to file a personal affidavit on the steps taken by the District Administration against the person who raised the wall and blocked the footpath.
In compliance with the aforesaid direction, the Collector, Bilaspur, filed his personal affidavit.
Analysis
Upon bare perusal of the Collector’s affidavit, the Court noted that administrative intervention was initiated after receipt of the complaint, and subsequent orders led to the removal of the obstruction and initiation of preventive proceedings. The Court remarked that, “the facts reflect lack of timely supervision and failure to prevent encroachment over a commonly used public passage.”
Considering the recurring nature of such disputes and the evident lack of preventive oversight, the Court directed the Collector to file a fresh and comprehensive affidavit about the steps proposed for a permanent solution to the issue of obstruction of public passages. The affidavit shall specifically outline measures for demarcation, maintenance, and protection of such pathways.
The matter was further listed for 18-11-2025.
[In the Matter of Suo Moto Public Interest Litigation v. State of Chhattisgarh, WPPIL No. 92 of 2025, decided on 28-10-2025]
Advocates who appeared in this case:
For the petitioner:
For the respondent: Deputy Advocate General Shashank Thakur, Advocate Bharat Sharma