[Cites 1, Cited by 0]
Madhya Pradesh High Court
Municipal Council Gadarwara vs Union Of India on 30 January, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2026:MPHC-JBP:8781
1 WP-3267-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 30 th OF JANUARY, 2026
WRIT PETITION No. 3267 of 2024
MUNICIPAL COUNCIL PIAPARIYA DISTRICT NARMADAPURAM
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Ranu Singh Mehndiratta, learned counsel for the petitioner.
Shri Veer Vikrant Singh, learned Deputy Advocate General for the State.
Shri Mayank Upadhyay, learned counsel for respondent No.4.
WITH
WRIT PETITION No. 5487 of 2022
MUNICIPAL COUNCIL GADARWARA
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Priyan Shrivastava, learned counsel for the petitioner.
Shri Veer Vikrant Singh, learned Deputy Advocate General for the State.
Shri Vikram Johri, learned counsel for respondents No.4.
WRIT PETITION No. 976 of 2023
MUNICIPAL COUNCIL SAIKHEDA DISTRICT NARSINGHPUR
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Priyan Shrivastava, learned counsel for the petitioner.
Shri Veer Vikrant Singh, learned Deputy Advocate General for the State.
Shri Mayank Upadhyay, learned counsel for respondent No.4.
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 31-01-2026
14:08:40
NEUTRAL CITATION NO. 2026:MPHC-JBP:8781
2 WP-3267-2024
WRIT PETITION No. 29493 of 2023
MUNICIPAL COUNCIL HARDA
Versus
MADHYA PRADESH POLLUTION CONTROL BOARD AND OTHERS
Appearance:
Shri Sachin Kumar Verma, learned counsel for the appellant through Video
Conferencing.
Shri Veer Vikrant Singh, learned Deputy Advocate General for the State.
Shri Mayank Upadhyay, learned counsel for respondent No.1
WRIT PETITION No. 27366 of 2024
MUNICIPAL COUNCIL NARMADAPURAM
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Ranu Singh Mehndiratta, learned counsel for the petitioner.
Shri Veer Vikrant Singh, learned Deputy Advocate General for the State.
Shri Siddharth Seth, learned counsel for the respondents No.3 and 4.
WRIT PETITION No. 33282 of 2024
MUNICIPAL COUNCIL MAKHANPUR
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Akhilesh Kumar Singh, learned counsel for the petitioner.
Shri Veer Vikrant Singh, learned Deputy Advocate General for the State.
Shri Siddharth Seth, learned counsel for respondents No.3 and 4.
WRIT PETITION No. 37735 of 2024
MUNICIPAL COUNCIL SOHAGPUR
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Akhilesh Kumar Singh, learned counsel for the petitioner.
Shri Veer Vikrant Singh, learned Deputy Advocate General for the State.
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 31-01-2026
14:08:40
NEUTRAL CITATION NO. 2026:MPHC-JBP:8781
3 WP-3267-2024
Shri Siddharth Seth, learned counsel for respondent No.3 and 4.
WRIT PETITION No. 40304 of 2024
MUNICIPAL COUNCIL SEONI MALWA
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Akhilesh Kumar Singh, learned counsel for the petitioner.
Shri Veer Vikrant Singh, learned Deputy Advocate General for the State.
Shri Siddharth Seth, learned counsel for respondents No.3 and 4.
ORDER
Per: Justice Vivek Agarwal
Present set of matters raises a challenge to the notices issued by M.P.
Pollution Control Board asking different local bodies to pay environmental
compensation for violating the provisions of Water Pollution and Control Act,
1974 in not establishing the Sewage Treatment Plants etc..
Shri Sachin Kumar Verma, learned counsel for the petitioner appearing
through Video Conferencing in W.P. No.29493/2023, submits that National Green
Tribunal, Principal Bench, New Delhi in O.A. No.606/2018 vide order dated
10.11.2022, in para 72, recorded a finding that it is exempting State Government
from payment of environmental compensation and, thus, it is submitted that it will
be applicable to the Municipal Authorities also.
However, it is pointed out that both the locus of the Pollution Control
Board and method by which calculation has been made to decide compensation
are under question.
We are of the view that such questions are disputed questions of fact. They
need elaborate evidence to be adduced before the competent Court. These
complicated questions of fact which require elaborate evidence as to whether the
provisions of the Solid Waste Management Rules, 2016 are applicable to the
NEUTRAL CITATION NO. 2026:MPHC-JBP:8781
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Municipal Authorities or not, what is the extent of their application and whether
the exemption granted to the State Government within its ambit includes
Municipal Authorities as well and how the quantum was calculated being
complicated questions, we are of the opinion that since they cannot be answered in
a summary writ jurisdiction of this Court, petitioners are relegated to avail remedy
of filing civil suit with the Courts of competent jurisdiction.
Parties will be entitled to move appropriate application seeking condonation
of the period spent by them in the High Court, or in the alternate, they will also
free to approach National Green Tribunal, if so advised, as it is informed by Shri
Ranu Singh Mehndiratta that O.A. is still pending before National Green
Tribunal.
With the aforesaid, all these petitions are disposed of.
It is made clear that none of the observations made during pendency of
these writ petitions or herein shall come in the way of fair adjudication of
suits/proceedings to be filed by the local authorities/parties.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
MTK
