MP High Court Shields Jal Jeevan Mission Pipelines in Clash with BharatNet Cable Works

In a swift interim move, the High Court of Madhya Pradesh at Gwalior has ordered safeguards for critical water pipelines under the Jal Jeevan Mission (JJM), amid allegations of widespread damage from optical fiber cable (OFC) laying under the BharatNet program. Justice Amit Seth, hearing Larsen & Toubro Ltd's (L&T) writ petition (WP No. 5464/2026), issued notices to respondents including the State of Madhya Pradesh and directed Bharat Broadband Network Ltd (BBNL) and its contractor NCC Ltd to halt further harm while ensuring safety protocols.

When National Missions Collide on the Ground

The dispute centers on the Madikheda Multi-Village Scheme in Shivpuri district, a JJM flagship project designed to supply treated surface water from the Sindh River Dam to 973 rural villages. L&T, executing the pipeline works, claims that BBNL and NCC began OFC installation along the same right-of-way corridors in September 2025 , causing repeated breaches.

By November 5, 2025 , L&T reported an initial 18.1 km of pipeline damage. Madhya Pradesh Jal Nigam (respondent No. 2) pegged it higher at 26.44 km. Despite proactive coordination attempts—including sharing alignment data via Keyhole Markup Language (KML) files on September 11 and 16—L&T alleged no compliance from BBNL/NCC. Shivpuri Collector even flagged the issue to BBNL on November 27, 2025 (Annexure P/13), but no action followed.

The District Prosecution Directorate later acknowledged violations under the Bharatiya Nyaya Sanhita (BNS) and Prevention of Damage to Public Property Act on December 2, 2025 , yet no FIR was registered.

L&T's Battle Cry: FIRs, Supervision, and Coordination

Petitioner's counsel, Advocates Siddharth Sijoria and Madhur Bhargava , urged urgent judicial intervention. They highlighted L&T's contractual obligations under JJM at risk, demanding: - Registration of FIR against errant parties. - Regulation of OFC works in conflict zones. - A joint supervision mechanism.

They stressed that while digital connectivity via BharatNet is vital, it must align with Telecommunications Act guidelines and right-of-way rules, prioritizing existing infrastructure.

Respondents had limited input at this admission stage : Government Advocate G.K. Agarwal for the State, and Dy. Solicitor General Praveen Newaskar for Union of India (respondents 9 & 10), who accepted notice.

Court's Razor-Sharp Interim Sword

No precedents were cited in this preliminary hearing, but Justice Seth focused on the urgency evidenced by the Collector's unanswered plea. Balancing public interests—rural water access versus broadband—the court imposed targeted restraints without halting BharatNet works entirely.

The order underscores a key principle: execution of parallel infrastructure projects demands coordination to avert collateral damage , especially to essential services like drinking water.

Key Observations

"Learned counsel appearing for the petitioner submits that the Collector, Shivpuri, vide communication dated 27.11.2025 (Annexure-P/13), has informed and requested respondent No.7 as regards damage being caused by respondent No.8 in the matter of laying down optical fiber cables, including damages caused to the pipelines laid down by the petitioner under the Jal Jeevan Mission. Despite such communication, respondent No.7 has not taken any action in the matter."

"In view of the above submission and subject to hearing the other side, it is directed that respondents No.7 & 8 shall ensure that while executing the work of laying down optical fiber cables, no further damage is caused to the existing infrastructure, including the pipelines laid down by the petitioner and all safety measures in the said regard would be ensured by them, till next date of hearing."

Notice Served, Safety Locked—Next Stop April?

Notices go to all respondents, with petition copies to be supplied within three days and process fees in seven. Hearing fixed after six weeks, though other reports note April 15, 2026 .

Implications : This interim shield protects JJM timelines and funds, potentially setting a template for resolving overlaps between schemes like JJM and BharatNet. It signals courts' readiness to enforce accountability in multi-agency public projects, nudging better pre-laying surveys and joint protocols. Failure to comply could invite contempt , while fuller hearings may probe compensation or criminal liability.