Disposed

Letter Petition by Sarpanch Gram Panchayat Rahali Dated 20TH May 2026 Titled Naale Ki Badh Ke Pani Ka Rasta Purai Kar Pakki Diwar Utha Kar Gram Rahali Ki Auor Modne Ke Sambandh Mai v. State of Madhya Pradesh

NGT7 Sept 2026Original Application No. 147/2026

Case brief

AI extract

What is this about?

The National Green Tribunal Cage Zone Bench addressed an application alleging that a boundary wall construction near a drain would obstruct floodwaters, endangering villages of Rahali and Udaypura. After verifying site reports and confirming administration action, the court directed desilting and ensured free water flow before disposing of the matter.

What did the court decide?

District Administration directed to ensure free flow of drain water and take immediate action for desilting of the drain.

Letter Petition by Sarpanch Gram Panchayat Rahali Dated… — Environment and Pollution | NGT (2026)

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Item No.06

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.147/2026(CZ)

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Letter Petition By Sarpanch Gram Panchayat Rahali Dated 20th May 2026 Titled Naale Ki Badh Ke Pani Ka Rasta Purai Kar Pakki Diwar Utha Kar Gram Rahali Ki Auor Modne Ke Sambandh Mai

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Suo Moto

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Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 07.09.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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For Applicant (s): Suo Moto For Respondent(s) : Mr. Prashant M. Harne, Adv. for State of MP Ms. Parul Bhadoria, Adv. for MPPCB

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ORDER

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This letter petition has been filed by one Sarpanch, Gram, Panchayat, Rahali, dated, 20.05.2026, contending that the traditional course of the floodwater from the drain originating in the town of Udaypura passes through this land and through the Mandi premises of Udaypura. By filling up the said land and constructing a concrete wall raised above the edge of the drain, the natural flow of nearly half of the floodwater will be obstructed. As a result, the floodwater may enter Village Rahali and submerge the village, causing loss of life and property.

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Earlier, due to the raising of the wall around the Mandi premises, the floodwater of the drain was obstructed, which led to flooding in Village Rahali and the town of Udaypura. Consequently, both Udaypura town and Village Rahali suffered economic losses amounting to approximately Rs. 2 crore, the report of which may be obtained from the concerned

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O.A. No.147/2026(CZ) Letter Petition By Sarpanch Gram Panchayat Rahali Dated 20th May 2026 Titled Naale Ki Badh Ke Pani Ka Rasta Purai Kar Pakki Diwar Utha Kar Gram Rahali Ki Auor Modne Ke Sambandh Mai Vs State of Madhya Pradesh & Ors.

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office. Subsequently, the wall of the Mandi premises was removed and an iron mesh was installed to ensure the free passage of floodwater. At present, the floodwater of the drain still passes through this mesh.

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It is further submitted that the boundaries of the drain should be properly maintained and the levels of both banks restored to their original condition, so that the natural flow of floodwater is preserved and village Rahali as well as the town of the Udaipura may be protected from flooding and consequent laws of life and property.

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The matter was taken up by this Tribunal and a committee was constituted consisting the members of the Central Pollution Control Board, Collector Raisen and the State Pollution Control Board with direction to submit the Factual and Action Taken Report. The members of the Committee visited the site and submitted the report as follows:-

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Observations:-

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Following are the few observations of the committee recorded on the day of visit:

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The site is located along Udaipura-Boras road opposite to Krishi Mandi Udaipura at a distance of approximately 750 metres from National Highway 45.

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The drain mentioned in the compliant flows from North to South. The Udaipura town is located on north side of the drain.

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Village Rehali is located on left side of the Drain and on the Right side of the drain the land with Khasra No. 641, Udaipura is located. The Khasra No. 641, Udaipura owner is Smt. Gunjan Malani W/o Shri Pradeep Malani and Smt. Sandhya Malani W/o. Shri Govardhan das Malani.

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As per petition, the matter is related with construction of boundary wall along the drain in Khasra No. 641, Udaipura by land owner and it is alleged that this wall will obstruct the flood water.

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It is observed by the committee that in Khasra No. 641, no boundary wall is found constructed along the drain. Though some building material was found on the land.

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During inspection small quantity of flow is observed in the drain.

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No construction is found across the drain. No flood like situation observed.

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Action taken by District Administration:-

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The District administration, District Raisen vide letter No 867 dated 02/09/2026 has submitted the information regarding action taken against the construction of boundary wall in Khasra No. 641, Udaipura. As per information the work of construction of wall is stopped by district administration.

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Recommendation

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The joint committee humble submit following recommendation :-

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➢ Desilting of the drain may be useful in controlling the flood situation.

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The learned counsel for the State has submitted that the action has been taken by the Collector, Raisen and there is no obstruction in the free flow of the water and the action has been initiated for desilting of the drain to control the flood situation.

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The matter relates to the natural flow of the rainy water, so that it will not cause any loss to the life or the property.

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Accordingly, we direct the District Administration to ensure that the free flow of the natural water of the drain should not be obstructed to cause any flood situation in the village and necessary actions for desilting as suggested may be taken as soon as possible.

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With these observations the Original Application No.147/2026 stands disposed of.

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Sheo Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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7^th September, 2026, Original Application No.147/2026(CZ) AR

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Letter Petition by Sarpanch Gram Panchayat Rahali Dated 20TH May 2026 Titled Naale Ki Badh Ke Pani Ka Rasta Purai Kar Pakki Diwar Utha Kar Gram Rahali Ki Auor Modne Ke Sambandh Mai v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Letter Petition by Sarpanch Gram Panchayat Rahali Dated 20TH May 2026 Titled Naale Ki Badh Ke Pani Ka Rasta Purai Kar Pakki Diwar Utha Kar Gram Rahali Ki Auor Modne Ke Sambandh Mai v. State of Madhya Pradesh

Case brief

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What did the court decide?

What the court decided

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