MP High Court Directs State To File Status Report In PIL Alleging Epidemic-Like Situation In Jabalpur Due To Poor Public Hygiene, Sanitation

The Madhya Pradesh High Court on Monday (July 7) called for a detailed status report within four weeks in connection with a public interest litigation over an 'epidemic-like' situation has arisen in the city due to the grossly inadequate hygiene and sanitation measures. 

According to the petition, the city of Jabalpur has been 'sitting over a heap of garbage', creating an environment conducive to the spread of various diseases. It was claimed that every fourth person was suffering from serious ailments, including swine flu, chikungunya, malaria, dengue, and even Zika virus. These conditions were alleged to be a direct consequence of unhygienic, dirty and rotten surroundings that the civil authorities have failed to address. 

During the hearing, Senior Advocate Aditya Sanghi, representing the petitioner, submitted that the entire sewage system of the city of Jabalpur was blocked. He emphasised that this obstruction had severely aggravated the public health crisis during the ongoing monsoon season, facilitating the spread of diseases like dengue and chikungunya. 

In response to the court's inquiry regarding the pendency of the matter, Senior Advocate Sanghi informed that the PIL has been pending since 2018. He further submitted that although a new sewage system was proposed 17 years ago, it had yet to be implemented. As a result, the residents continue to suffer from repeated outbreaks of such diseases. 

Referring to a previous order of the court dated October 27, 2021, Senior Advocate Sanghi informed the court that the civic authorities were directed to submit a detailed affidavit outlining steps taken to control the diseases. 

In defence, the Advocate representing the State submitted that a compliance report was already filed in the connected petition. He informed the court that a 600-page report dated January 6, 2024 and another dated January 29, 2024, were filed outlining the actions taken, including awarding tenders to local contractors for fogging and sprinkling anti-dengue medicines. 

Noting that the latest compliance report was a year old, the bench directed, "State and Municipal Corporation is directed to file a fresh status report indicating the measures, long-term and short-term, proposed in respect to issues pointed out in the PIL". 

The bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf also issued an interim directive to the Municipal Corporation to take immediate and effective measures, including fogging and other preventive actions, to curb the spread of dengue and similar diseases during the monsoon season. 

The bench held, "the Municipal corporation is directed to take effective steps to ensure fogging and other measures to prevent the onset of dengue and other diseases. List after 4 weeks". 

Connected Matters: 

Another PIL was filed in 2024, Vijay Bajaj v State of MP, highlighting the alarming rise in dengue cases in the state of MP since 2019. Per the petition, the 806 cases in 2020 surged to 15,592 cases in 2021. The petition claimed that such a public health crisis could be curbed through preventive measures, including stopping water stagnation and extensive use of fogging machines. 

However, the petition states that such fogging machines were either unavailable or used selectively in VVIP areas. The petition stated that such conduct violates the right of citizens under Article 21as it hinders access to sanitation and a healthy environment. The petition prayed for a writ of mandamus directing the authorities to begin widespread fogging operations and to disclose the number of fogging machines available across the state. 

For Petitioner: Senior Advocate Aditya Sanghi

Case Title: Saurabh Sharma v State of MP (WP - 25853/2018)