Gram Panchayat Directed to Adjudicate Nuisance and Sanitation Complaints Regarding Unauthorized Dairy Operations Following Administrative Inaction.

The petitioner, a resident of Gram Parsahi, filed a writ petition against the unauthorized operation of a dairy by Respondent No. 5 adjacent to his residence

The petitioner alleged that the respondent was dumping animal waste against his boundary wall, causing foul odors, environmental pollution, health hazards, and structural damage to his property

Despite submitting complaints to the Sarpanch of Gram Panchayat Parsahi on 09.11.2023 and 04.03.2025, as well as a representation to the Collector, no action was taken by the authorities

The petitioner sought a direction for the Gram Panchayat to take legal action against the unauthorized dairy and ensure proper sanitation

1. Whether the Gram Panchayat and local authorities are obligated to resolve grievances regarding public nuisance and health hazards caused by unauthorized dairy operations

2. Whether the court should direct a time-bound administrative inquiry and disposal of the petitioner's complaints

The court's decision is anchored in the administrative and regulatory powers vested in the Gram Panchayat under the Chhattisgarh Panchayat Raj Adhiniyam, 1993, and related sanitation bylaws

The principle applied is that administrative authorities are duty-bound to consider and decide upon representations regarding statutory violations and public grievances within their jurisdiction

The Court did not adjudicate on the merits of the allegations but focused on the failure of the administrative machinery to respond to the petitioner’s grievances. Noting that the petitioner had already approached the Sarpanch and the Collector without receiving a resolution, the Court determined that the appropriate remedy was to compel the Gram Panchayat to exercise its statutory functions

The Court emphasized the necessity of a fair procedure, directing that the Gram Panchayat must afford a hearing to all stakeholders—the petitioner, other affected villagers, and the private respondent (dairy owner)—before passing a reasoned order

The entire exercise is mandated to be completed within a period of four weeks from the date of receipt of the court's order