High Court Orders Desilting, Encroachment Removal, and Public Hearings to Address Nala Construction Concerns
In a significant move aimed at resolving the persistent water logging issues plaguing Jabalpur, the Madhya Pradesh High Court has mandated a series of proactive measures to be undertaken by the local municipal authorities. This directive was issued in response to a writ petition filed by Nidhi Pande and others, concerning the perennial monsoon-related water woes faced by the city.
The bench, comprising Justices Vivek Agarwal and Vivek Jain, emphasized the necessity of preemptive actions such as the desilting of sewer drainages and the removal of encroachments on sewer lines. This is expected to mitigate the water logging problems, especially during the monsoon season, ensuring the residents of Jabalpur a respite from the annual flooding ordeal.
In addition to these measures, the High Court has also constituted a High Level Technical Committee to assess the objections related to the proposed construction of a "Nala" (drain). This move comes after concerns were raised by an intervenor apprehensive about the Nala construction potentially affecting his property. The Court has ensured a fair hearing for all stakeholders by directing the Technical Committee to conduct a public hearing, allowing all parties to voice their objections.
The Court stipulated a timeline for the submission and resolution of objections: the intervenor is required to file objections by February 11, 2026, which will be forwarded to the Technical Committee by February 12, 2026. A public hearing is scheduled for February 17, 2026, with the Committee expected to resolve the objections by February 23, 2026.
The judgment underscores the High Court’s commitment to maintaining transparency and fairness in civic management, clarifying that while the hearing is facilitated, it does not alter the existing timeline for ongoing civic works, which are to proceed as scheduled.
The directives are a part of the Court’s broader strategy to ensure that Jabalpur’s infrastructure can effectively manage seasonal challenges without infringing on private property rights. This judgment reflects a balanced approach to urban management, prioritizing both civic efficiency and individual rights.
Bottom Line:
Directions issued for addressing water logging issues in Jabalpur city, ensuring proactive steps such as desilting and removal of encroachments, and facilitating fair hearing by High Level Technical Committee regarding objections to proposed "Nala" construction.
Statutory provision(s): The judgment does not explicitly mention statutory provisions, but it addresses civic management and the right to be heard in the context of municipal governance and public participation.
Nidhi Pande v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc id # 2850752