The Chhattisgarh High Court has dismissed a petition challenging the Smart City projects in Bilaspur and Raipur, clearing the path for these urban development initiatives to proceed unhindered. The petition claimed these projects were infringing on the roles of the municipal corporations. However, the court ruled that no overstepping had occurred. The verdict ensures the continuation of key developmental activities aimed at enhancing residents' quality of life and bolstering urban infrastructure, setting a robust precedent for future Smart City projects across India.
In a major breakthrough, the Chhattisgarh High Court has given the green light for the ongoing Smart City projects in the cities of Bilaspur and Raipur, dismissing allegations that these projects infringe on the authorities of local municipal corporations.
The legal dispute revolved around a petition lodged by Vinay Dubey, arguing that the Special Purpose Vehicles (SPVs)—Bilaspur Smart City Limited (BSCL) and Raipur Smart City Limited (RSCL)—were infringing on the powers and functions of the elected municipal corporations. He suggested that the Smart City companies were bypassing the oversight of elected municipal bodies in conducting various developmental activities from 2016 to 2020, such as enhancing lighting, upgrading schools, constructing roads, and improving water supply systems.
However, the High Court bench—consisting of Chief Justice Ramesh Sinha and Justice Deepak Kumar Tiwari—after a thorough review of the Smart City Mission Statement and Guidelines, dismissed Dubey's petition. They confirmed that the SPVs had not taken over the responsibilities of the municipal corporations and that routine functions were still under the authority of municipal bodies and elected representatives.
Sumesh Bajaj, who represented RSCL and BSCL in court, affirmed that the dismissal of the case allows the Smart City projects in both cities to progress smoothly. He expressed confidence that the projects will focus on accelerating various developmental tasks, ultimately leading to improved living conditions and strengthened urban infrastructure.
A focal point of the petitioner's argument was the absence of representation of elected municipal members in the SPVs' Board of Directors, leading to doubts about the democratic functioning of the projects. Responding to this, the High Court stated that the state government and the urban local bodies were conscious of the terms and conditions associated with their participation in the Smart City Mission, which necessitates the delegation of certain powers to the SPVs.
The court stressed that the ultimate beneficiaries of these developmental efforts would be the citizens of Bilaspur and Raipur. It also pointed out that no elected municipal body member had protested the establishment of the SPVs or their governance structure. The court found the petitioner's late-stage objection, coming as the projects were nearing fruition, questionable.
The High Court concluded its decision by asserting that no intervention was needed under Article 226 of the Indian Constitution, subsequently dismissing the petition for lacking substance. The Smart City Mission, an initiative of the Indian government, aims to address urban development challenges and foster advancement in selected cities nationwide. Participating urban bodies are required to delegate certain powers to SPVs to secure central government funding as per the guidelines of the scheme.
In conclusion, this verdict sets a strong precedent for the future governance and implementation of Smart City projects across India, reinforcing the balance between the roles of SPVs and local municipal corporations.
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