Disposed

Mohini Deep Retreat Resident Welfare Society through Its President Shri Sanjay Raghuwanshi v. State of Madhya Pradesh

NGT12 May 2026Original Application No. 97/2025

Case brief

AI extract

What is this about?

The applicant alleged encroachment and illegal construction on a Government Nalla by Aranya Valley Housing Society and others, reducing its width and covering it with concrete. The court directed demarcation and removal of encroachments.

What did the court decide?

Directed the District Magistrate to ensure demarcation and removal of encroachments from the Nalla and maintain its status.

Mohini Deep Retreat Resident Welfare Society through Its… — Environment and Pollution | NGT (2026)

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Item No.07

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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.97/2025(CZ)

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Mohini Deep Retreat Residents Welfare Society Applicant(s)

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Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 12.05.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s): Mr. Satyam Jain, Adv. For Respondent(s) : Mr. Om Shankar Shrivastava, Adv. Mr. Parul Bhadoria, Adv. for MPPCB

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ORDER

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Grievance of the Applicant is encroachment and illegal construction on Government Nalla (drain) Survey No. 352 in Bawadiya Kalan, Bhopal. It is stated that this nalla originates below the Misrod-Rani Kamlapati railway track, flows through Aranya Valley Housing Society and adjacent to Sneh Nagar and Mohini Deep Colony, eventually reaching Hoshangabad Road. With regard to recent and ongoing encroachments, it is stated that within the last two months, Aranya Valley Housing Society has significantly encroached upon the nalla, reducing its width to approximately 6 mtr. or less, constructing concrete walls on both sides and in the middle to create two half-foot channels, and is fully covering it with concrete roads, altering its natural flow. Similarly, rest part of nalla towards Narmadapuram Road, adjacent to Sneh Nagar Colony and Shagun Marriage Garden have also encroached by some other persons.

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O.A. No.97/2025(CZ) Mohini Deep Retreat Residents Welfare Society Vs State of Madhya Pradesh & Ors.

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It is further submitted that the continued encroachment on Government Nalla situated on Khasra /Survey No. 352 by private entities despite previous demolition drives and official acknowledgments, demonstrates a blatant disregard for environmental regulations and public safety and reduction of the Nalla's width from 6 meters (as stated by the Urban Development and Housing Department) to approximately 4 mtr. and its covering with concrete structures and channelizing significantly impedes the natural flow of water, leading to severe waterlogging and flood like situations in the surrounding residential areas, as experienced in 2016.

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Notices were issued to the respondents to submit the reply.

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During the course of hearing a Joint Committee was constituted with direction to submit the factual and action taken report. Reply and report has been filed.

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We have heard learned Counsel for the parties and perused the record.

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The Members of the Committee visited the site and submitted the report as follows:-

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ARANYA VALLEY HOUSING SOCIETY

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1. The Nalla as mentioned in the petition is located at survey no. 352, Village Bawadiyan Kalan, Tehsil Kolar, District Bhopal. It originates below the Misrod-Rani Kamlapati railway track, flows through Aranya Valley Housing Society and adjacent to Sneh Nagar, Mohini Deep Colony and Shagun Marriage Garden, eventually reaching towards Hoshangabad Road.

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2. The Nalla is untrained and having natural banks and having width of approx. 6.0. metres. Thin flow is observed in the Nalla.

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3. The Sneh Nagar, Mohini Deep Colony and Shagun Marriage Garden are located on the downstream side of the Nalla with respect to Aranya Valley Housing Society.

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4. The colony "Aranya Valley Housing Society" is located at Village Bawadiyan Kalan, Tehsil Kolar, District Bhopal. Its geographical coordinates are Latitude 23°10'31.87"N and Longitude 77°27'17.52"E.

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O.A. No.97/2025(CZ) Mohini Deep Retreat Residents Welfare Society Vs State of Madhya Pradesh & Ors.

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5. It is a proposed colony and having approx. 5 feet height wall all around the colony boundary. One entrance gate is constructed. It is observed that no internal roads are constructed and presently no building is constructed in this colony, the land is found vacant.

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6. The Nalla in question flows through this colony from the Eastern side, flowing along the eastern boundary. It is observed that the entrance of the colony is from eastern side and this Nalla is coming across the entrance road of the colony.

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7. A bridge is found constructed above the Nalla within this colony premises. This is a concrete structure having approx. 6.0 meters long over the Nalla and it is approx. 12 feet high from the Nalla bed. The overall stretch of the RCC structure over the Nalla is approx. 100 meters.

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8. It is also observed that the railway line is passing on the East side of the colony and the only access to the colony is from the Eastern side where this Nalla is flowing.

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9. Flow of water is found in the Nalla on both side of bridge. No stagnation or logging of water like condition observed.

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10. After passing through the colony, the flow is observed in the Nalla and it was found approx. 6 meters wide.

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The members of the Committee are of the view that matter requires accurate identification demarcation and removal of encroachments and protection of natural flow of water.

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Learned counsel for the Applicant has filed the objection against the Joint Committee Report and submitted that nalla was previously encroached upon and various complaints have been filed by the Applicant.

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It is further argued that the map as submitted by the Committee has been shifted to the southern side from its old location and that there is illegal covering over the nalla. The violators have covered approx. 100 m of the total length of the Nalla from the entrance point to the Pullia/Culvert (referred to as BRIDGE in the inspection report) (approximately 4m out of 6m in its width) has been completely covered by the construction of an RCC slab. An RCC wall has also been

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O.A. No.97/2025(CZ) Mohini Deep Retreat Residents Welfare Society Vs State of Madhya Pradesh & Ors.

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constructed for its base in the same dimensions. Now, only a 2m width of Nalla remains for water flow, and the Committee observed a "Thin flow". This position of the Nalla is adversely affecting the natural flow and environmental norms, and the ecosystem.

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State Pollution Control Board was directed to submit the correct details and after inspection the State Pollution Control Board directed the authorities concerned for demarcation. The Tehsildar Kolar has demarcated the land and submitted the report. Brief as submitted by the State PCB are as follows :

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“3) That, Tehsildar, Kolar vide their letter no. 89 dated 11.03.2026 provided the report including list of encroachments on government Nalla, Khasra No. 352, measuring 0.5510 hectare of Village Bawadiyakalan, Tehsil Kolar. The main points are as under:-

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a) As per the village map, the government land (Khasra No. 352, area 0.5510 hectare) of the nalla was matched with the old embankment. Measurements of all four sides were taken using a Total Station Machine (TSM), and boundaries were marked using lime and colored paint. During the demarcation, the following encroachments were found:

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Aranwali Housing Society occupied 0.0883 hectare by

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plotting the land.

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Mohini Deep Retreat Society had 3 trees and 1 transformer, Park Road, occupying 0.0351 hectare.

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The Holi Cross (Sneh Nagar) had a boundary structure and 2 permanent houses on 0.136 hectare.

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BDA Bhopal had encroached upon 0.0423 hectare.

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M/s RR Infrastructure (partner: Mohd. Mohammad Saeed, Shagun Marriage Garden) had encroached upon 0.152 hectare.

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b) The demarcation work was done in the presence of Shri Sayam Singh (Zone No. 13), Assistant Engineer, Bhopal Municipal Corporation, Shri Jainendra Chandel, Chemist, MP

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O.A. No.97/2025(CZ) Mohini Deep Retreat Residents Welfare Society Vs State of Madhya Pradesh & Ors.

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Pollution Control Board, Shri Mahendra Rai (Aranwali Housing), Smt Mohini Sharma (Mohinideep Colony), residents of Holi Cross Housing, and Shri D. Dutta Vilas, Shri Yathwar Ratan singh. The details of identified encroachments are as under:

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c) The demarcation process is complete. Following the report submitted by the team, formal notices have been issued by Sub Divisional Magistrate (SDM), Tehsil-Kolar to all identified encroachers to initiate further action.

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1. That, the removal of encroachment may be carried out by the competent Revenue Authority as per law.”

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Learned counsel for the State has submitted that applicant himself has

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encroached the land in question at serial No.2. It is further submitted that the removal of the encroachment is work of the revenue Department and anyone aggrieved may file a case before the revenue Court for

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O.A. No.97/2025(CZ) Mohini Deep Retreat Residents Welfare Society Vs State of Madhya Pradesh & Ors.

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removal of the encroachments. It is further submitted that it is inter se

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dispute between the parties and not the environmental matters.

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Accordingly, we direct the Applicant to move to appropriate forum for identification and demarcation of the land and removal of the encroachments. So far as the natural flow of the water/nalla is concerned we direct the District Magistrate, Bhopal to ensure the actual demarcation and removal of the encroachments from the nalla and to maintain the status of nalla and to protect it. After identification and demarcation of boundaries if any encroachment is found within the State land/ nalla, the same may be removed immediately in due process of law and compliance report be submitted to the Registrar, National Green Tribunal, Central Zone Bench, Bhopal within 3 months on mail. In case of any violation is found the Registrar may place the matter before the Bench.

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With these observations the Original Application No.97/2025(CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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12^th May, 2026,

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Original Application No.97/2025(CZ) K

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O.A. No.97/2025(CZ) Mohini Deep Retreat Residents Welfare Society Vs State of Madhya Pradesh & Ors.

Mohini Deep Retreat Resident Welfare Society through Its President Shri Sanjay Raghuwanshi v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Mohini Deep Retreat Resident Welfare Society through Its President Shri Sanjay Raghuwanshi v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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