Order of the National Green Tribunal regarding drain encroachment and diversion of drain, village Kauluva, Bhopal, Madhya Pradesh, 10/08/2021

  • 10/08/2021

Order of the National Green Tribunal in the matter of Hardesh Kirar Vs State of Madhya Pradesh dated 10/08/2021. The matter relates to violation of environmental norms by M/s Raj Homes Colony by raising constructions on encroached government land, discharging untreated sewage at village Kauluva, Bhopal and diverting the course of the drain.

A Joint Committee constituted by the orders of the NGT in its report to the court, October 31, 2019 acknowledged the encroachment and diversion of the drain. The NGT taking into consideration of the report, in its order, May 18, 2020 directed the Joint Committee to take remedial action and furnish a report.

The matter was last considered by the NGT, October 6, 2020 - wherein the Madhya Pradesh Pollution Control Board sought further time for taking necessary steps in the matter, which was granted by the court.

The NGT, August 10, 2021 expressed its unhappiness at the delay in taking appropriate action and said that the drain must not be allowed to be polluted nor should it be diverted by any private arrangement. The court noted that the state authorities acted against law by encouraging an illegal agreement and said that construction of open nala/drain alongside the existing natural nala is not a solution, as it would lead to further encroachments and unhygienic conditions. There is the need for scientific situation-analysis to design new drainage, taking dry weather flow and storm water into consideration.

Accordingly, the NGT directed the constitution of a joint committee comprising members of the CPCB, Urban Development Madhya Pradesh and the MPPCB to remedy the illegality by taking action against the violators by way of prosecution and recovery of compensation and restoring the flow of the drain and preventing discharge of sewage. As two years have already passed without any progress, further action has to be taken on a day to day basis, the order said.