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Item No. 03

BEFORE THE NATIONAL GREEN TRIBUNAL

CENTRAL ZONE BENCH, BHOPAL

(Through Video Conferencing)

Original Application No.37/2023(CZ)

(I.A.No.27/2023)

Mrs. Krishna Singh

Applicant(s)

Vs

Bhopal Municipal Corporation & Ors

Respondent(s)

Date of Hearing: 08.02.2024

CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

For Applicant (s):

Mr. Rakesh Singh, Adv.

For Respondent(s) :

Mr. Prashant M. Harne, Adv.

Mr. Vivek Choudhary, Adv.

ORDER

1.

This Original Application under Sections 14 and 15 of National

Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act,

2010’)has been filed by Mrs. Krishna Singh alleging that there is

Nirmal Palace Colony developed by M/s. Equator Construction at

Khasra No. 146/1/1 admeasuring about 9000 square feet wherein

there is a land designated for park as per the plan wherein Bhopal

Municipal Corporation is raising construction, destroying the nature

of the land as park. It is further contended that conversion of open

space meant for park/public park is not permissible in view of law

laid down by Supreme Court in Bangalore Medical Trust vs. B.S.

Muddappa and Others, (1991) 4 SSC 54.

2.

The matter was taken up by this Tribunal on 11.07.2023 and a

committee consisting Collector, Bhopal and the MPPCB was

constituted to submit the factual and action taken report.

3.

In compliance of the order the Members of the Committee visited at

the site and submitted that the Sanivani Hospital is being under

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construction at the planning stage under the policy of the State and

duly sanctioned by the State. It is further submitted that the

damaged sewer lines has been repaired by the Bhopal Municipal

Corporation.

4.

Notices were also issued to the Respondent/Bhopal Municipal

Corporation and the State Pollution Control Board and in

compliance thereof the Bhopal Municipal Corporation has submitted

the reply with the facts as follows :

i.

That State Government has initiated the Sanjeevini

Clinics scheme as part of the National Health Mission

(NHM). NHM, in coordination with Chief Medical and

Health Officers CMHOs, has issued directives for the

establishment of Sanjeevini Clinics. BMC which is a

construction agency, under NHM's guidance, has been

hired as a contractor for the construction of these

clinics. CMHO is responsible for earmarking the areas

where these clinics are to be established. Once NHM

designates an area, it is obligated to allocate the space

to BMC for the clinic's development.However, in the

present case, it is crucial to emphasize that before

development, while entering into an agreement with

BMC the Builder M/s Equator had allotted the 'Open

Land" in question to BMC for community facilities,

which encompass the health center and other sub-

divisional requirements.

ii.

Consequently, taking into account the NHM's

framework and further direction of CMHO and the

agreement

in

place,

BMC

embarked

on

the

construction work with a sincere commitment,

keeping the broader public interest in mind.

iii.

Empahasizing

the

significance

of

universal

healthcare and aligning with directives of the Health

& Family Welfare Ministry, Government of India, a

letter dted 08.02.2022 from the Additional Chief

Secretary of the Public Health and Family Welfare

Department,

Government

of

Madhya

Pradesh

underscores the establishment of Health & Wellness

Centres, This initiative, supported by health grants

from the 15th Finance Commission for the period

spanning from the financial year 2021-2022 to 2025-

2026, mandates all Municipal Corporations and

Councils to enhance and construct 570 Health &

Wellness Centres.Under the framework of this

program,

every

Commissioner

of

Municipal

Corporations and Municipal Council is designated as

a Nodal Officer responsible for the oversight,

management, and construction of these ce