National Green Tribunal
Krishnarani Agrawal vs Town And Country Planning Department on 20 May, 2025
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 139/2023(CZ)
Krishnarani Agrawal Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 20.05.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s): Ms. Krishna Rani Agrawal,
(Applicant in Person) with
Mr. Rakesh Agrawal
For Respondent(s) : Mr. Abhimanyu Shrivastav, Adv.
Ms. Disha Chowksey, Adv.
(with Ms. Gunjan Chowksey, Adv.)
Ms. Parul Bhadoria, Adv.
Mr. Prashant M. Harne, Adv.
Mr. Mehul Bhardwaj, Adv.
ORDER
1. This letter petition has been filed by the applicant with the allegation that in Prakash Nagar Colony, Ward No. 17, Govindpura Bhopal, Town and Country Planning, Department of Madhya Pradesh has developed green belt near the 100 ft. Road at the site situated Govindpura Industrial area Bhopal to Raisen Road, NH-86 extension but the respondents and other persons are cutting the trees illegally without permission from the competent authority and raising constructions illegally. The septic tank situated there is regularly overflowing at the open road causing health hazard and pollution in the Prakash Nagar Colony, Ward No. 17, Govindpura Bhopal damaging and polluting the underground water. 1 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
2. The matter was taken up by this Tribunal and a committee was constituted consisting representative of the Collector, Bhopal, Municipal Commissioner, Bhopal and one representative from the MPPCB with direction to submit the factual and action taken report. Members of the committee visited the site and submitted the report as follows :-
1. "GPS locations of the Prakash Nagar Colony, Ward No. 70, Govindpura Bhopal are recorded using a mobile-
based GPS application.
2. The Prakash Nagar Colony is a residential colony located in Ward No. 70, Govindpura Bhopal of BMC. 100 feet Govindpura road pass from the east direction of colony and also a nalla flowing along the 100 feet Govindpura road side.
3. The Prakash Nagar Colony is a plotted development project approved by T&CP. In the year 1993 colony having 46 plots, development of this colony started since 1994 Management and maintenance of this colony is under Prakash Grah Nirman Society, Bijli Nagar, Govindpura, Bhopal.
4. At present about 27 residential houses are there, each house having sewage chamber connected with sewage network.
5. As reported by Shri Ravi Verma representative of Prakash Grah Nirman Society, Bijli Colony, Govindpura, Bhopal there was a septic tank connected with sewage network of colony to treat sewage of residents, a year back it was damaged but during inspection no septic 2 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
tank found within the premises Location of septic tank reported by representative of Prakash Grah Nirman Society, Bijli Colony, Govindpura, Bhopal inside garden area and provided map marked with location of septic tank which was damaged. However petitioner representative objected with location of septic tank which was inside the garden area and demanded that it should be located near plot number 11 as marked in T&CP approved map.
6. The water supply in the colony is provided by Bhopal Municipal Corporation.
7. During inspection, no sewage found over flowing in the open road. In front of Prakash Grah Nirman Society.
8. The Sewage of colony after passing through sewage network discharging into nalla passing in between boundary wall of colony at Govindpura road.
9. During inspection it is directed to representative of Prakash Grah Nirman Society to install septic tank and collection tank immediately.
10. During observation, no cutting of tree was found in green belt area. Plantation have been done by the society inside premises.
11. Prakash Grah Nirman Society is responsible for Management and Maintenance of this colony. Tehsildar Govindpura has informed that a complaint of petitioners encroachment was registered in his court and have been decided by additional Tehsildar, Govindpura case 3 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
number 0051/B-121/2022-23 on dated 28/04/2023 and directed to the President and Vice President of Prakash Grah Nirman Society to submit opinion about legal action about order passed by dated 28/04/2023 related to encroachment, reply of SDM Govindpura dated 08/12/2023.
Action Taken by MPPCB:-
1. As per the CPCB methodology of Environmental Compensation for not treating the sewage generated, in reference to Hon'ble NGT order 593/2017 dated 28/08/2019 Environmental Compensation of Rs.
3,80000/- (Three Lakh Eighty Thousand only) is assessed on Prakash Grah Nirman Society, Bijli Colony, Govindpura, Bhopal for the violation period from date of petition i.e. 20/09/2023 to 05/12/2023 that is last inspection done by the Joint inspection committee. Recommendations:
1. Prakash Grah Nirman Society shall immediately install septic tank and collection tank, overflow of septic tank shall transport to nearby sewage treatment plant of BMC for treatment and disposal.
Or Prakash Grah Nirman Society shall construct STP of adequate capacity within 03 months. Since there is no sewage network of BMC in Govindpura area at present."
3. The objection has been filed with the facts that construction of the septic tank on the designated location was approved by T&CP map dated 4 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. 01.06.1993 shows location of septic tank of the south phase of plot no. 11, Prakash Nagar in accordance with the approved map and that report does not discloses about fresh water borewell. The green belt area with photographs and cutting of trees has been raised in this objection.
4. A report was called from the Bhopal Municipal Corporation and an affidavit has been filed with a reply containing that the joint inspection was conducted in presence of the residents of Prakash Nagar Colony along with the representative of the Petitioner Shri Rakesh Agrawal and also some of the officials of Bhopal Collector, MPPCB and BMC were present wherein it was observed that no cuttings of trees were found in the green belt as alleged. Also, no sewage found overflowing in the road, in front of the Prakash Grah Nirman Society, during inspection as wrongly alleged. Further, no encroachment was found at the green belt in the location in question. It transpired that an application was also filed in Govindpura Tehsil by the applicant, but the revenue officers deemed the application non-maintainable and dismissed it, stating that the applicant had filed it frivolously and without any basis.
5. It is needless to mention herein that the Prakash Nagar Colony is a plotted development project that began development in 1994. Since then, its management and maintenance have been under the Prakash Grah Nirman Society, Bijli Nagar, Govindpura, Bhopal. The Prakash Nagar Colony has not been handed over to the BMC, and no charge except for the property tax is paid to the BMC. Under Section 132 and 132 A of the Madhya Pradesh Municipal Corporation Act, 'property tax' is only the tax payable by owners of buildings with reference to the gross annual letting value of the buildings or lands and has no bearing on 'maintenance charges. The Act provides that BMC can impose other taxes (such as a 'drainage tax') as also 'user charges under Section 132 A. Thus, payment of Property Tax does not amount to 5 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. payment of 'user charges' and/or other maintenance charges imposed by BMC.
6. That there are several other colonies such Shriram Campus in Ward 68 Zone 16, Vardhman Green City in Ward 68 Zone 16, Sukh Sagar in Ward 68 Zone 16. Kasturi Height, Lambasted in Ward 79 Zone 17, Maya Enclave in Ward 79 Zone 17, Himanshu Shubh City in Ward 79 Zone 17, Baijnath Dham in Ward 79 Zone 17, Indra Residency, Navibagh in Ward 79 Zone 17, etc. where residents pay 'Property Tax' without payment of maintenance charges and have taken the responsibility of maintenance on their own. It is important to note that the New Chowksey Nagar Colony is privately owned and has not been transferred or handed over to the BMC.
7. That the MP Nagarpalika (Colony Development) Rules 2021 "Rule 2(h)"
states as under-
"Internal Development Work" means the following development works to be done within the limits of the colony under the prescribed standards: -
i. Levelling ii. demarcation of the proposed roads and plots sanctioned in the layout iii. construction of the proposed Bituminous/Cement Concrete Road (as per Indian Road Congress standards): iv. if in the land of the colony, the road exists at present in that case the construction or widening of the road on the basis of sanctioned layout In pursuance of clause (two) of sub rule (g) (as per Indian Road Congress standards) v. construction of culverts (as per Indian Road Congress standards) 6 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
vi. development and Construction of storm water drainage system, (as per CPHEEO standards);
vii. complete internal water supply system (as per CPHEEO standards).
viii. construction of Internal sewerage line/Sewerage Treatment Plant (as per CPHEEO standards) ix. development of internal Electric System including provision of Street lights (as per the Madhya Pradesh Electricity Board standards);
x. development of proposed open spaces in which infrastructure related to Services shall not be valid (as per standards of Rule 47 (2) Madhya Pradesh Bhumi Vikas Niyam, 2012);
xi. construction of Overhead Tank/Sump well/Pressure Pump:
xii. adequate provisions for Solid Waste Management: xiii. water harvesting system for rainwater, xiv. plantation on roadsides, Along with "Rule 13" states as under, "Mortgage of plot, building or flat.-
1) To ensure completion of internal development work in the colony, the plots or buildings or flats developed by the colonizer, as the case may be, excluding the plots or buildings or flats developed for the members of economically weaker section or low-income group, shall 7 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
be mortgaged with the concerned municipality in the following ratio:
A. In case of plotted development, the plots in such numbers, value of which excluding cost of construction if any, is equal to 125 percent of the cost of internal development determined under rule 14 shall be mortgaged or a bank guarantee of equal amount shall be furnished by the colonizer with the concerned municipality.
B. In case of group housing, the number of flats, value of which is equal to 125 percent of the cost of internal development determined under rule 14 shall be mortgaged or a bank guarantee of equal amount shall be furnished by the colonizer with the concerned municipality. C. The bank guarantee so furnished shall remain valid with the competent authority for a period of six months after expiry of date of permitted for development of internal works:
Provided that the organizations exempted from registration as colonizer under rule 3, shall not be required to mortgage the plots or buildings or flats.
2) Competent authority shall publish the information regarding number, location and conditions of the plots or buildings or flats mortgaged, for information of the 8 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
general public. A copy of such information shall also be sent to concerned sub-registrar office, so that no transfer takes place.
3) Competent authority may grant permission for construction of building on any mortgaged plot. The details of mortgaged plots shall be displayed on the website of the concerned municipality."
And "Rule 14" states as under -
"Cost of Internal Development Internal development works in the colony shall be executed in accordance with the provision of sub-rule (1) of rule 2, and cost of which shall be calculated on the basis of prevailing rates of integrated Standard Schedule of Rates of Urban Development and Housing Department, the Madhya Pradesh Bhumi Vikas Niyam, 2012. Development Plan standard rates of the concerned State Electric Distribution Company and Collector Guidelines"
be referred in order to ascertain the duty of the developer/ Prakash Grah Nirman Society/Prakash Grah Nirman Sehkari Sanstha Maryadit.
8. That there are a total of 30 residents in Prakash Nagar Colony who pay property tax only to the BMC, while maintenance charges are paid to the Prakash Grah Nirman Society. Therefore, the Prakash Grah Nirman Society is responsible for the maintenance of Prakash Nagar Colony and that the Prakash Grah Nirman Society is responsible for the Management and Maintenance of the Prakash Nagar Colony and therefore it is directed to the representative of the Prakash Grah Nirman Society, during the inspection that they need to install the septic tank and collection tank immediately and also, directed to transport the overflow of septic tank to nearby sewage 9 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. treatment plant. of BMC for treatment and disposal OR Prakash Grah Nirman Society shall construct the STP of adequate capacity within 3 months as there is no sewage network of BMC in Govindpura area at present. However, in spite of that upon receiving a complaint from Mrs. Vineeta, a resident of Prakash Nagar Colony, regarding the overflow of sewage in the open area, the officials of the BMC inspected the site and found that Prakash Nagar Colony does not have a municipal sewage network but instead relies on a private sewage system that is not connected to the municipal infrastructure. Additionally, under the AMRUT 2.0 plan developed by WAPCOS Limited, the sewage from Prakash Nagar Colony will be integrated into the new trunk line, providing a permanent solution to the sewage problem in the colony.
9. It is further argued that Prakash Griha Nirman Sahakari Sanstha, Bhopal have made promises to the resident of the colony for providing sanitary facilities, power supply, water connections, concert roads, proper sewage lines and good drainage system and therefore, it is the responsibility of the Prakash Griha Nirman Sahakari Sanstha Ltd., Bhopal and responsible for maintenance of the colony.
10. It is further argued that BMC in good faith is providing the facilities of maintaining and cleaning the sewers for the residents of the colony as and when required by them. Thus, the applicant is not entitled to any relief whatsoever against the answering respondent. Even otherwise the reliefs as sought by the Applicant are not legally maintainable and are violating the legal rights of the Answering Respondent.
11. In light of the above facts the State Pollution Control Board was directed to take necessary actions according to rules and action taken report has been filed on 28.08.2024 by the State PCB with the facts that showcause notice has been issued to the violator for compliance of the environmental norms 10 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. and to pay the environmental compensation for pollution. Notices were also sent to the Prakash Griha Nirman Sahakari Sanstha Ltd., Bhopal as responded no. 4 and reply has been filed containing the following facts:-
1. That the Applicant is Prakash Griha Nirman Sahakari Sanstha Ltd., Bhopal Registration No. DRB/59 dated 15.12.1973). This is an institution of retired officers of M.P. Electricity Board which has been established to construct houses for their own residence and is not a commercial builder. The institution is being run by retired officers by collecting capital from their savings. The institution has followed all the rules and conditions for house construction by various departments of M.P. and has taken all the necessary action.
2. That the Respondent has made model bye-laws of the cooperative society according to which provision has been made to allot plots only to the officers of M.P. Electricity Board but the complainant/Applicant has illegally purchased plots in the name of her entire family in resale, out of which plot number 24 is being inhabited in the name of the husband of the Applicant Mrs. Krishnarani Agarwal since the year 2014, plot number 14 was purchased for resale in the name of his daughter and plot no. 12 was purchased for resale in the name of the Applicant herself, Mrs. Krishnarani Agarwal, and till date she has not even taken the membership of the organization, that is, the Applicant is not a member of Prakash Grih Nirman Sahakari Sanstha and is illegally residing as a non-member and is harassing the residents of the colony by making false complaints.
11 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
3. That the former director and legal member of Respondent No. 4 are very much troubled by the Applicant and her family.
False complaints have been made by fabricating falsehood and misleading pressure. And the Applicant's own daughter and Rakesh Agarwal's real sister Mrs. Asha Agarwal demolished the institution's previously constructed sewage pipe line/concrete sewage chamber and septic tanks during the construction of the building in plot number 14 and for her own benefit the sewage system was left in the open space in the east direction. To save herself from her own actions, false complaints have been made at various places-
A. 4 institution is enclosed for perusal. No. 2. which proves that the Applicant and her family are very conscious about the environment. Even in sucha situation, the Applicant's complaint is rejectable.
4. It is clearly provided in the by-laws of Respondent No. 4 cooperative society that a family consisting of parents, son, daughter will be allotted only one plot in the society, but the Applicant has purchased plot No. 24 in re-sale without taking permission of the society and has purchased 03 plots despite not being a retired officer of M.P. Electricity Board, which is against the rules. Also, the real members of the society have been threatened and intimidated and the Applicant/complainant did not allow any kind of environmental development while carrying out repair work on the basis of advice given by the society after the report of the investigation team. In this regard, a complaint was made by 12 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
the former vice-president of the society to the Ashoka Garden police station on 04.03.2024.
5. That the Applicant/complainant had earlier also purchased Plot No. 12 in re-sale in the year 2020-21 in her own name in order to grab the vacant land of Non- Applicant No. 4 Prakash Griha Nirman Sahakari Sanstha, which is a place of worship for the residents and where deities like Lord Shiva, Lord Ganesha, Lord Hanuman etc. are installed, but as the residents did not allow her to occupy the religious place, the case was presented before the court of Additional Tehsildar Nazul Govindpura Circle-2, District Bhopal, which was dismissed on 28.04.2023 after examination.
6. That the Applicant after purchasing plot No. 12, tried to disturb the peace among the residents of the institution in order to grab the land of the institution which was adjacent to plot No. 12. Due to a lot of dispute between the owner of plot number 11 and Mr. Mahendra Singh Pawar, the court special executive magistrate/Deputy Commissioner of Police, Urban Police Zone-1 Bhopal took cognizance under section 144-5 Cr. P.C. No. 1973 and issued an order on 14.02.2023.
7. That on the basis of complaint of the Applicant by the Hon'ble Tribunal, an investigation team was constituted, which conducted the investigation in the presence of complainant's son and submitted a report. The former Vice-President or officer of Respondent No. 4 was not aware of it. Nevertheless, in the report submitted by the investigation team, none of the allegations that contaminated water, sewage, septic tank of Prakash Griha Nirman Sahakari Sanstha is flowing on the 13 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.
Vahar Road, and also the allegations that green trees were cut by Prakash Griha Nirman Sahakari Sanstha Ltd., Bhopal, were not proved. Thus, the complaint made by the Applicant against Respondent No. 4 is baseless and deserves to be dismissed.
8. That the advice given by the investigation team appointed by the Hon'ble Tribunal to Respondent No. 4 was fully complied with and the then Vice-President of Respondent No. 4 informed the Executive Engineer, Regional Office, M.P. Pollution Control Board, Bhopal, about the completion of the instructed work along with photographs.
9. That as per the demand of the investigation team appointed by the Hon'ble Tribunal, Respondent No. 4 has made correspondence/request to the concerned senior office and regarding the maintenance of the above septic tank, Shriman Regional Officer, M.P. Pollution Control Board Bhopal has also written to the Commissioner Municipal Corporation Bhopal requesting that the sewage network of the colony be connected to the Amrit Yojana of Municipal Corporation Bhopal funded by the Government of India. Regarding the above, the members/residents of Respondent, No. 4 institution sent letters to the concerned senior officers on 18.08.2023, 21.08.2023 and requested to connect the colony under the Amrit Yojana. On which the Pollution Board has written to the Commissioner Municipal Corporation that as soon as the scheme starts, the colony will be included in it.
12. It is further argued on behalf of the respondent no. 4 that the complaint presented before us has been resolved on the basis of the report and 14 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. instructions and advice of the investigation team because Respondent A.4 institution has neither cut any green trees nor has done any illegal construction and neither is the sewage line flowing on the road outside which has polluted the environment in any way. Thus the complaint of the complainant is false and misleading and is indicative of self-interest. Respondent A.4 institution is always committed to protect the environment and prevent it from getting polluted and is ready to do so in future also. Therefore, it would be justified to end the case at this stage itself.
13. In view of the above facts, it is crystal clear that the purchase of land/plots, whether by retired officers of the department or by any member is internal matter of the society and the matter of maintenance is also to be done by the Prakash Griha Nirman Sahakari Sanstha Ltd., Bijli Nagar, Bhopal.
14. Since the committee has been formed for internal arrangements and the amount as a fees or for regular maintenance has been collected by the Sanstha, thus it is the pious duty of the Prakash Griha Nirman Sahakari Sanstha to maintain it and not to shift the responsibility. So far as the cutting of trees are concerned, the joint committee has reported that during the inspection cutting of trees were not observed and plantation had been done by the society inside the premises.
15. It is further reported that during inspection no sewage found or flowing in the open road in front of the Prakash Griha Nirman Sahakari Sanstha Ltd., Bhopal. Accordingly, no violation at present has been found. The matter with regard to the allotment of the housing scheme or transferring it without approval of the committee or society is internal matter of society and not in any way connected with the environmental matter. So far as the violation of environmental rules, discharge of untreated water into the open body or open roads are concerned, the State Pollution Control Board is directed to periodically inspect the site and to ensure that untreated water 15 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. should not be discharged on the open land and in case of any violation, the State PCB has to take necessary action according to rules and to ensure the compliance and to realize the environmental compensation according to rules.
16. With these observations Original Application No. 139/2023 stands disposed of.
1. Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 20th May, 2024 O.A. No. 139/2023(CZ) PN 16 OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors.