Encroachment Stalls Mukhyamantri Kayakalp Yojana Work: Madhya Pradesh High Court Directs Authorities To Act

The Madhya Pradesh High Court has directed authorities in Barwani district to remove alleged encroachment on a public road within four weeks, observing that development work sanctioned for public benefit cannot remain stalled due to unauthorized occupation of public land.

The Indore Bench of the court was hearing a public interest litigation filed by Mukesh Kumar Khote and others alleging that encroachment on a stretch of road had prevented completion of civic infrastructure work sanctioned under a state government scheme.

The petition was filed against the State of Madhya Pradesh through its Principal Secretary, Directorate of Urban Administration and Development, Bhopal, along with the District Collector, Barwani, the Chief Municipal Officer of Nagar Palika Barwani, the Sub Divisional Officer (Revenue), Barwani, and the Sub Divisional Officer of the Public Works Department.

According to the petitioners, a sum of Rs.12 lakh had been sanctioned under the Mukhyamantri Kayakalp Yojana for construction of a CC road along with drainage and sanitation facilities in the area. However, the work remained incomplete as nearly 45 feet of the public road was allegedly encroached upon, preventing the authorities from carrying out the planned development work.

The petition further stated that the encroachment had resulted in leakage from a septic tank, creating serious health and sanitation concerns in the locality. The residents contended that the situation posed risks of spread of diseases and had also obstructed access for people living in the area, many of whom belong to Scheduled Caste and Other Backward Class communities.

Appearing for the petitioners, advocate Rishabh Gupta submitted that several complaints and representations had been made to the authorities requesting removal of the encroachment. However, despite repeated communications, no effective action had been taken by the concerned officials to clear the obstruction.

Gupta also drew the court’s attention to a letter written by the Chief Municipal Officer of Municipal Council Barwaha to the Sub Divisional Officer of the Public Works Department, Barwani, informing about the encroachment and requesting that it be removed so that the sanctioned road construction work could proceed.

A division bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi considered the submissions made by the parties and examined the material placed on record. The court noted that the grievance raised in the public interest litigation related to encroachment on a public road which had resulted in delay in carrying out civic works meant for the benefit of local residents.

Taking note of the allegations and the communication placed on record regarding the encroachment, the court observed that the matter required intervention so that the sanctioned development work could be completed without further delay.

After hearing the parties, the bench disposed of the petition while directing the concerned authorities to take appropriate action in accordance with law. The court specifically directed respondent authorities to ensure that the encroachment on the alleged road is removed within a fixed timeframe.

“Considering the aforesaid, present petition is disposed of with a direction to the respondents No.4 and 5 to ensure removal of encroachment on the alleged road in accordance with law, within a period of four weeks from today,” the court ordered.

The direction places responsibility on the Sub Divisional Officer (Revenue), Barwani, and the Sub Divisional Officer of the Public Works Department to take necessary steps for clearing the alleged encroachment so that the road construction and sanitation work sanctioned under the state scheme can be completed.

Case Title: Mukesh Kumar Khote and Others v. The State of Madhya Pradesh and Others

Date of Order: March 5, 2026

Bench: Justice Vijay Kumar Shukla and Justice Alok Awasthi