Order of the National Green Tribunal (Central Zone Bench, Bhopal) in the matter of Vijit Patni & Others Vs State of Madhya Pradesh & Others dated 04/04/2022.

The issue related to filling up of a drainage system/nalla in the process of carrying out the construction activity and building a high rise building under Smart City Project near New Market, TT Nagar and Malviya Nagar. Due to this, the natural and free flow of water has been blocked. The construction of the high rise building by Bhopal Smart City Development Corporation is in violation of environmental rules.

The NGT after examining the Khasra map in light of the joint committee report noted that the land use map showed the absence of any natural stream/nallah. The revenue map provided to the committee which was verified by the revenue inspector also has no details of the natural nalla in the khasra no. 1421.

The committee observed that for drainage of storm water and other seepage/leakage, artificial drainage was used and presently most of the parts of this drain is covered by road, culverts, hotels, commercial units and there is no natural nalla situated at the said khasra under question.

The project which comes under the Bhopal Smart City Initiative does not block the natural flow of water and the necessary environmental clearance has been obtained from the competent authorities, the NGT order said. The Madhya Pradesh Pollution Control Board in its  report said that the project is being regularly monitored by the concerned authorities and the project proponent has undertaken to comply with all the conditions of environment clearance. The court disposed of the application.