Madhya Pradesh High Court Directs Public Hearing on Jabalpur Drainage Project, Clarifies No Private Land Acquisition

The Madhya Pradesh High Court has directed a High Level Technical Committee to grant an opportunity of hearing to residents apprehending that a proposed drainage project in Jabalpur may affect private land, while clarifying that no construction is contemplated on privately owned property.

Court emphasised the need for participatory decision-making in civic infrastructure projects, particularly where citizens raise concerns regarding potential encroachment or adverse impact on their property rights.

The order was passed by a division bench of Justice Vivek Agarwal and Justice Vivek Jain in an interlocutory application filed in a disposed of writ petition instituted by Nidhi Pande and others. The original petition had been filed complaining of severe waterlogging in a residential society in Jabalpur and seeking remedial measures from the Municipal Corporation and the State authorities.

The writ petition had earlier been disposed of on March 3, 2025 by a coordinate bench of the high court after the authorities assured the court that adequate steps would be taken to prevent waterlogging during the monsoon season. Court had recorded that proactive measures such as desilting and cleaning of sewer lines and removal of encroachments were being undertaken in the city. The Commissioner, Municipal Corporation, Jabalpur had been directed to act in accordance with the affidavit placed on record.

Subsequently, an interlocutory application was moved by an intervenor, expressing apprehension that the proposed “nala” meant for drainage might pass through land abutting his plot. Appearing for the petitioners, Advocate S. M. Guru opposed the application, while Advocate Chiranjeev Sharma appeared for respondent number four, municipal corporation of Jabalpur, and government advocate Manas Mani Verma represented the State.

Counsel for the municipal corporation submitted that a high-level technical committee had already been constituted to examine the issue and that its report was awaited. It was further submitted that all actions would be taken strictly in accordance with the recommendations of the committee. Addressing the apprehension raised by the intervenor, court was informed that no construction was proposed on any private land, nor was there any proposal to acquire private property for the project.

Counsel for the intervenor submitted that he would be satisfied if the high-level technical committee granted him an opportunity of hearing before finalising its report. Though this request was initially opposed by the petitioners, the bench held that principles of fairness warranted such an opportunity. Court observed that facilitating a hearing would not prejudice the ongoing project or derail the timelines already fixed.

Allowing the application with specific directions, the bench directed that the intervenor shall file objections within three working days, on or before February 11, 2026, in the office of the Commissioner, Municipal Corporation, Jabalpur. The commissioner was directed to forward the objections to the high-level technical committee by February 12, 2026.

Court further directed that the high-level technical committee shall organise a public hearing on February 17, 2026 at 3:30 pm at the office of the Commissioner, Municipal Corporation, Jabalpur, and clarified that no separate notice would be required. “All those who have any objection can approach the high-level technical committee” at the scheduled time and venue, the order recorded.

After hearing the objections, the committee was directed to decide the same on or before February 23, 2026 and intimate all concerned parties. The bench clarified that it had “only facilitated fair hearing to all concerned” and had not extended any timeline for the project, observing that other works would continue as scheduled.

Case Title: Nidhi Pande & Ors. v. State of Madhya Pradesh & Ors.

Date of Order: February 6, 2026

Bench: Justice Vivek Agarwal and Justice Vivek Jain