National Green Tribunal
Subhash Chandrawanshi vs State Of Madhya Pradesh on 7 May, 2026
Item No.02
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.106/2026(CZ)
Subhash Chandrawanshi Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 07.05.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
For Applicant (s): Mr. Kartikey Bhatia, Adv.
For Respondent(s) : None
ORDER
1. This application has been filed with the following prayers:-
"I. Stay the construction and further development of the proposed "Bhopal Western Expressway" along the impugned alignment passing near Village Khonkaria and adjoining villages, II. Direct the Respondents to conduct a comprehensive Environmental Impact Assessment, including a detailed hydrological and drainage study of the affected area, III. Direct reconsideration and re-alignment of the proposed highway, ensuring that it is located at a safe distance from residential areas and does not interfere with natural drainage systems;
IV. Direct protection of the catchment area feeding into the Bhoj Wetland, and restrain any activity that may adversely impact the wetland ecosystem;
V. Issue any further directions or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of public health, environmental safety, and the constitutional mandate under Articles 21 and 48A."1
O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
2. The submissions of the Applicant are that Respondent No. 3 - Madhya Pradesh Road Development Corporation (MPRDC), is the executing and implementing agency responsible for the planning, alignment, and construction of the proposed "West Bhopal Bypass Four-Lane Road Project". The said Respondent is directly responsible for the selection of the impugned alignment and for ensuring compliance with applicable environmental and planning norms and the present dispute arises from the proposed construction of a 4-lane highway, namely the "West Bhopal Bypass Four-Lane Road Project", the alignment of which has been altered in a manner that brings it dangerously close to human habitation. The current alignment passes at a distance of approximately 20 to 55 meters from the residential areas of Village Khonkaria and adjoining villages, thereby defeating the very purpose of a bypass road, which is to divert heavy traffic away from populated areas and the Applicant has relied the newspaper reporting that the route has been reduced upto 5 kilometers but the cost has been increased.
3. The matter came to the knowledge of the Applicant when the notification was published 23.03.2026 under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, indicating advancement of the project.
4. This application is based on the assumption that the alignment is contrary to the planning framework under the Bhopal Master Plan, which envisages regulated development, buffer zones, and protection of environmentally sensitive areas. The placement of a high-speed corridor within 20-55 meters of residential settlements and within a drainage catchment area is inconsistent with sound urban planning principles. 2 O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
5. It is to be noted that the policy and planning is the sole subject of the State and executive agencies and unless and until it is not faulty and against the Constitutional mandate, it cannot be challenged before the Tribunal or the courts. The State and the Executive Administration are independent to take a policy decision according to the need of the society as per law. So far as the alignments are concerned, this is to be executed by the expert body of the concerned executing agency and it is not within the domain of the Tribunal to intervene in the alignment and quality of the road.
6. The Ministry of Road, Transport and Highways, Planning Zone, New Delhi, took a policy decision for land acquisition, tree felling, utility shifting across the alignment which was published vide office memorandum/notification dated 10th May, 2018, as follows:-
"2. Upgradation project of any National Highway involves, (i) Acquisition of additional land, (ii) Shifting of utilities, (iii) Felling of trees, and (iv) Removal of existing structures which fall in the Right of Way (ROW) of the proposed expansion. Meeting these pre-requisites not only entails heavy cost but also involves a lot of time and effort. Further, the felling of grown-up trees leads to adverse effects on environment. It has been observed that shifting of utilities, felling of trees and structures can be considerably reduced (by about 50%) if the land for expansion of any highway is acquired on one side of an existing road, as against doing the same on both sides.
3. Accordingly, in continuation of the Circular of even number dated February 26, 2018 issued with regard to alignment of NHs, it has been decided that the project implementation agencies shall undertake additional land acquisition on one side of an existing road to the extent feasible for expansion of existing roads to next level of configurations. It may also be noted that the acquisition side shall be decided based on the intensity of the existing utilities and trees (following overall cost savings principle) and such side may change from one stretch to another stretch depending upon the most optimal alignment. Following policy guidelines shall be followed henceforth to 3 O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
minimize the requirement of additional land acquisition, optimization of utility shifting and felling of trees:
(1) For roads being developed as Two-lane with paved shoulders and where traffic is below 5,000 PCUs, the expansion shall be carried out within the existing ROW and land acquisition shall be limited to only re-alignments and bypasses. In cases where the ROW permits expansion through eccentric widening (expansion of 3 mtrs on one side), the same shall be adopted as it reduces the need for utility shifting and tree felling to one side of the ROW, thereby reducing costs and saves the environmental footprints.
(ii) For roads being developed as Two-lane with paved shoulders with traffic between 5,000 to 10,000 PCUs, and where the projected traffic may go up to 40,000 PCUs in due course of about next 25-30 years, the additional Land shall be acquired for achieving a total ROW of 45 meters (existing + additional) in such a manner that the present construction (eccentric widening to two lane with paved shoulders) and future expansion (4 lane eccentric widening) would impact utility shifting and tree-felling only on one side of the Right of Way (RoW). In nutshell, the development of the 2-Lane with PS wll be undertaken on one side of the ROW of 45 mtrs so that as & when it matures for 4-
laning, the other part of the divided carriageway and the Median do not disturb the existing carriageway of 2-Lane +PS. The additional land acquisition in these cases shall be done only when no parallel alignment is proposed or cannot be developed in future to diversify traffic. In case of traffic diversification potential, the two-lane with paved shoulders shall be developed within the available ROW.
(iii) For expansion of an existing two-lane or two lane with paved shoulders road to 4 lane with paved shoulder Highways, the following guidelines shall be followed for end-lane status and the stage development based on the present traffic (including the induced traffic:
4
O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
7. The Ministry of Road, Transport and Highways has further taken a policy decision for plantation, transplantation, beautification and maintenance and relevant provisions for selection of tree species for roadside plantation and schemes are as follows:-
"6. Plantation Scheme 6.1 The plantation scheme has been broadly classified into two categories which are as follows:-
a) Tree planting along the Highway Turfing with grasses and shrub/herb.
b) planting on medians/special landscapes/embankment slopes.
6.2. Selection of Tree Species for roadside plantations:
6.2.1 Plantation is one of the most important constituents of soft landscaping. Trees, shrubs and climbers have been used to enhance the soft natural ambience against harsh elements in most of the enhancement schemes. The planting species are decided based on the physical growth characteristics of trees, like form and shape, foliage pattern, growth rate, branching pattern, soil characteristics and conditions of the strip like water logged areas etc. While selecting the species of trees for landscaping, a great care shall be taken to choose the species, which already exist along the project corridor. On the other hand, if a pure avenue of single species is planted for a considerable length of the road, it gives a harmonious and pleasing 5 O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
look. It is, therefore, essential that mixtures of different species shall be avoided and pure avenues of a single species be planted over long stretches of road. This will enhance the aesthetic quality and will also render management easier.
6.2.2 The selection of plant types and planting arrangement shall be based on the following considerations:-
I. Aim and objective of plantation II. Shape and size (size and spread) of the canopy III. Texture and colour of foliage/flower/fruits in different seasons and stages of growth.
IV. Adaptability and suitability to agro-climatic regions/zones V. Growth rate (slow/fast) average age of maturity and replacement cycle VI. After care and maintenance required for sustenance and growth VII. Economic and other social/recreational benefits VIII. Drawbacks and demerits if any, like prone to insects/pests disease, animal grazing and human interference.
6.2.3 The Guidelines on Landscaping and Tree Plantation (IRC:SP:21-
2009), provide for detailed specifications with respect to roadside plantations and Median Plantation.
6.3. Plantation Pattern 6.3.1 The road landscape shall be developed envisaging a holistic approach to the entire stretch. A concept shall be evolved so as to maintain visual characteristics and uniformity in terms of landscape along the stretch. In the absence of uniform land availability for the plantations, different schemes may be worked out in tune with local variations in the design. To achieve this, the entire stretch of the project corridor shall be divided into homogenous landscape sections based on similarity in terms of available width, soil conditions, climate (temperature and rainfall) and topography. A study on the local flora and vegetative cover native to these sections shall be carried out as part of the field surveys to enable a choice of the suitable species for particular section. Depending on the available ROW, plantation pattern shall be worked out as follows:-
➢ The first row along the Highways will be of small to medium sized ornamental trees.6
O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
➢ Subsequent rows depending on the availability of width will comprise of ornamental and/or shade bearing species, of more height than those in the first row. In rural sections the last row will always be of shade bearing tall trees.
➢ Planting of shrubs in the median.
➢ Planting of herbaceous species as ground cover in the median, special landscapes, and embankment slopes.
➢ Turfing with grass in the median, special landscapes, and embankment slopes.
6.3.2 Table 1, 2 and 3 list a few species, which can generally be planted throughout India.7
O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
............x.............x...............x.................
17. Compliance to Forest Conservation Act and local laws Before starting any plantation, the local forest department will be consulted for ensuring compliance to any regulation in force that may affect raising, maintenance, and harvesting of the raised plantation. Necessary modifications will be made in the plantation scheme, in consultation with the forest department, to ensure compliance to law and to avoid complications at the time of harvesting and transportation of forest produce. In case the State Government has any provision for registration of such plantations, the same will be ensured under the relevant scheme.
8. The Hon'ble Supreme Court of India in Union of India vs. Kaushala Shetty and Ors.: (2011) 12 SCC 69, held as under:-
"24 Here, it will be apposite to mention that NHAI is a professionally managed statutory body having expertise in the field of development and maintenance of National Highways. The projects involving construction of new highways and widening and development of the existing highways, which are vital for development of infrastructure in the country, are entrusted to experts in the field of highways. It comprises of persons having vast knowledge and expertise in the field of highway development and maintenance, NHAI prepares and implements projects relating to development and maintenance of National Highways after thorough study by experts in different fields. Detailed project reports are prepared keeping in view the relative factors including intensity of heavy vehicular traffic and larger public interest. The Courts are not at all equipped to decide upon the 8 O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
viability and feasibility of the particular project and whether the particular alignment would subserve the larger public interest. In such matters, the scope of judicial review is very limited."
9. The Hon'ble Supreme Court of India in Civil Appeal No.2866 of 2001 Union of India Vs. Dr. Kushala Shetty & Ors., decided on 21.02.2011, has observed as follows:-
i. The plea of the respondents that alignment of the proposed widening of National Highways was manipulated to suit the vested interests sounds attractive but lacks substance and merits rejection because except making a bald assertion, the respondents have neither given particulars of the persons sought to be favoured nor placed any material to prima facie prove that the execution of the project of widening the National Highways is actuated by mala fides and, in the absence of proper pleadings and material, neither the High Court could nor this Court can make a roving enquiry to fish out some material and draw a dubious conclusion that the decision and actions of the appellants are tainted by mala fides.
ii. A somewhat similar question was considered in Girias Investment Private Ltd. v. State of Karnataka (supra). In that case, the acquisition of the land under the Karnataka Industrial Areas Development Act, 1966 was challenged on various grounds including the one that the acquisition was vitiated due to mala fides. While rejecting the plea of mala fides, the Court referred to S.R. Venkataraman v. Union of India (1979) 2 SCC 491, State of Punjab v. Gurdial Singh (1980) 2 SCC 471 and Collector (D.M.) v. Raja Ram Jaiswal (1985) 3 SCC 1 and observed:
"14. It is obvious from a reading of the pleadings quoted above that only vague allegations of mala fides have been levelled and that too without any basis. There can be two ways by which a case of mala fides can be made out; one that the action which is impugned has been taken with the specific object of damaging the interest of the party and, secondly, such action is aimed at helping some party which results in damage to the party alleging mala fides. It would be seen that there is no allegation whatsoever in the pleadings that the case falls within the first category but an inference of mala fides has been sought to be drawn in the course of a vague pleading that the change had been 9 O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
made to help certain important persons who would have lost their land under the original acquisition. These allegations have been replied to in the paragraph quoted above and reveal that the land which had been denotified belonged to those who had absolutely no position or power. In this view of the matter, the judgments cited by Mr Dave have absolutely no bearing on the facts of the case."
iii. We may also refer to the Constitution Bench judgment in E.P. Royappa v. State of Tamil Nadu and another (1974) 4 SCC 3. In that case, the petitioner, who was transferred from the post of Chief Secretary and posted as Officer on Special Duty, challenged the action of government on various grounds including the one that the decision of the government was vitiated due to mala fides of the Chief Minister. This Court rejected the plea of mala fides by making the following observations:
"90. ..... The petitioner set out in the petition various incidents in the course of administration where he crossed the path of the second respondent and incurred his wrath by inconvenient and uncompromising acts and notings and contended that the second respondent, therefore, nursed hostility and malus animus against the petitioner and it was for this reason and not on account of exigencies of administration that the petitioner was transferred from the post of Chief Secretary. The incidents referred to by the petitioner, if true, constituted gross acts of maladministration and the charge levelled against the second respondent was that because the petitioner in the course of his duties obstructed and thwarted the second respondent in these acts of maladministration, that the second respondent was annoyed with him and it was with a view to putting him out of the way and at the same time deflating him that the second respondent transferred him from the post of Chief Secretary. The transfer of the petitioner was, therefore, in mala fide exercise of power and accordingly invalid.
91. Now, when we examine this contention we must bear in mind two important considerations. In the first place, we must make it clear, despite a very strenuous argument to the contrary, that we are not called upon to investigate into acts of maladministration by the political Government headed by the second respondent. It is not within our province to embark on a far-flung inquiry into acts of commission and omission charged against the second respondent in the administration of the affairs of Tamil Nadu.10
O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
That is not the scope of the inquiry before us and we must decline to enter upon any such inquiry. It is one thing to say that the second respondent was guilty of misrule and another to say that he had malus animus against the petitioner which was the operative cause of the displacement of the petitioner from the post of Chief Secretary. We are concerned only with the latter limited issue, not with the former popular issue. We cannot permit the petitioner to side track the issue and escape the burden of establishing hostility and malus animus on the part of the second respondent by diverting our attention to incidents of suspicious exercise of executive power. That would be nothing short of drawing a red herring across the trail. The only question before us is whether the action taken by the respondents includes any component of mala fides; whether hostility and malus animus against the petitioner were the operational cause of the transfer of the petitioner from the post of Chief Secretary.
92. Secondly, we must not also overlook that the burden of establishing mala fides is very heavy on the person who alleges it. The allegations of mala fides are often more easily made than proved, and the very seriousness of such allegations demands proof of a high order of credibility. Here the petitioner, who was himself once the Chief Secretary, has flung a series of charges of oblique conduct against the Chief Minister. That is in itself a rather extraordinary and unusual occurrence and if these charges are true, they are bound to shake the confidence of the people in the political custodians of power in the State, and therefore, the anxiety of the Court should be all the greater to insist on a high degree of proof. In this context it may be noted that top administrators are often required to do acts which affect others adversely but which are necessary in the execution of their duties. These acts may lend themselves to misconstruction and suspicion as to the bona fides of their author when the full facts and surrounding circumstances are not known. The Court would, therefore, be slow to draw dubious inferences from incomplete facts placed before it by a party, particularly when the imputations are grave and they are made against the holder of an office which has a high responsibility in the administration. Such is the judicial perspective in evaluating charge of unworthy conduct against ministers and other high authorities, not because of any special status which they are supposed to enjoy, nor because they are highly placed in social life or administrative set 11 O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
up --these considerations are wholly irrelevant in judicial approach--but because otherwise, functioning effectively would become difficult in a democracy. It is from this standpoint that we must assess the merits of the allegations of mala fides made by the petitioner against the second respondent."
10. Here, it will be apposite to mention that NHAI/Madhya Pradesh Road Development Corporation (MPRDC) is a professionally managed statutory body having expertise in the field of development and maintenance of National Highways. The projects involving construction of new highways and widening and development of the existing highways, which are vital for development of infrastructure in the country, are entrusted to experts in the field of highways. It comprises of persons having vast knowledge and expertise in the field of highway development and maintenance. NHAI prepares and implements projects relating to development and maintenance of National Highways after thorough study by experts in different fields. Detailed project reports are prepared keeping in view the relative factors including intensity of heavy vehicular traffic and larger public interest. The Courts are not at all equipped to decide upon the viability and feasibility of the particular project and whether the particular alignment would subserve the larger public interest. In such matters, the scope of judicial review is very limited. The Court can nullify the acquisition of land and, in rarest of rare cases, the particular project, if it is found to be ex-facie contrary to the mandate of law or tainted due to mala fides. In the case in hand, neither any violation of mandate of the Act has been established nor the charge of malice in fact has been proved.
11. The above judgments have been relied upon by the Hon'ble Madhya Pradesh High Court in WP 3213/2023 (M/s Neeti Development & Leasing Pvt. Ltd. Vs Union of India), Hon'ble Allahabad High Court in 12 O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.
WP 8467/2017 (Deepak Gupta v Union of India & Ors.) and Hon'ble Madras High Court in WP 30969/2013 (E. Suganthi v Union of India & Ors.) and other various judicial pronouncements. Thus, the principle laid by the Hon'ble Supreme Court of India is that the scope of judicial review in the DPR/alignments of the national highway is very limited.
12. Learned Counsel for the applicant has argued that by constructing this road or change of alignment, the natural flow of the water from catchment area to the Bhoj Wetland may be obstructed and adversely affect the ecology and water supply inflow.
13. The objective of the present application is the free flow of water coming inside the lake should be continued and it should be obstructed.
14. Accordingly, we direct the Respondents that while constructing the road, they must take care that the free inflow of water into the lake may not be obstructed and arrangements may be made by providing short bridges, culverts, nallas etc. accordingly.
15. So far as the change of alignment or examining the DPR or other technical maps prepared by the Madhya Pradesh Road Development Corporation (MPRDC) are concerned, the same is not within the domain of this Tribunal. Thus, for the relief to stop the work or change the alignment is not maintainable.
16. In view of above facts, the Original Application No.106/2026(CZ) is not maintainable and disposed of accordingly.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 07th May, 2026, Original Application No.106/2026(CZ) AK 13 O.A. No.106/2026(CZ) Subhash Chandrawanshi Vs. State of M.P. & Ors.