MP High Court Constitutes Committee To Protect Gwalior Hillocks From Encroachment, Illegal Excavation By Land Mafia

The Madhya Pradesh High Court has directed the constitution of a specialised committee under the Chairmanship of the District Collector of Gwalior to safeguard the Gwalior hillocks from environmental degradation and illegal encroachment by land mafia. The direction passed by the division bench of Justice Anand Pathak and Justice Pushpendra Yadav was guided by the principle of 'social audit' prescribed under Sections 5(54-a) and 130B of the MP Municipal Corporation Act, 1956.The petition was filed by Jandel Singh Yadav, highlighting large-scale illegal excavation and encroachment of hillocks in Gwalior and the environmental hazards that such activities pose. The petitioner invoked the Public Trust Doctrine laid down in the Supreme Court case of M.C. Mehta Vs. Kamal Nath emphasizing the State's responsibility as trustee of natural resources. Acknowledging the urgency of the matter, the court stressed that the issue was not merely legal or administrative but existential, directly impacting the city's environment, climate and quality of residents' lives. The court held, "Now question is “Existential” beside Legal/Administrative/Social or Jurisprudential etc. Therefore, strong message is required. If hills/hillocks (surrounding or within the city of Gwalior) are left as it is then the land predators would encroach the land and even if no encroachment is taken place, even then they would be excavated. In absence of Green Cover stone radiates extreme heat in Gwalior region, making the life of people miserable". The court thus ordered the formation of a Committee comprising administrative officials, subject experts and prominent residents of Gwalior. The court also directed the inclusion of agricultural scientists, ayurved specialists and veterinary experts, noting that the subject experts would help in creating biodiversity and sustainable development. The committee was tasked with surveying the hillocks and, thereafter, fencing and monitoring the area to prevent further illegal encroachment and excavation. Initiation of large-scale plantation drives with trees of various types, along with developing city forests for recreational activities. The bench further tasked the committee with exploring water harvesting opportunities to ensure optimal growth of plantations. The court also directed coordinated efforts with public representatives, professional organizations, and citizen groups to enhance community participation and resilience mobilisation. The bench also directed the Committee to consider the creation or integration with digital platforms for transparent monitoring and potential carbon credit documentation similar to the NISARG App, prepared by this High Court, with the coordination of MAP-IT, Government of Madhya Pradesh.The bench further highlighted, "This Court raises an expectation from citizenry at large of Gwalior also. Court expects the residents to be more proactive and would help in successful implementation of this project". The court emphasised that the concept of social audit will empower the city's residents to actively participate in municipal decision-making, policy interpretation and environmental conservation initiatives.The court further directed, "Committee members shall meet every fortnight at least for conceptualization of Project, modus operandi, performance evaluation and further road map preferably at the Office of District Collector, Gwalior or at the Office of Additional Advocate General, High Court Campus at Gwalior". On the following hearing of April 23, 2026, the court was informed that the committee had held a meeting and passed certain directions. However, the court observed that the petition would remain relevant until the hillocks surrounding the city are adequately covered with trees and medicinal plants and an effective mechanism is established to prevent illegal excavation and encroachment. Case Title: Jandel Singh Yadav v State of Madhya Pradesh, WP NO.6511 of 2026For Petitioner: Advocates Rajnish Sharma and Mudit GoswamiFor State: Additional Advocate General Vivek Khedkar with Government Advocate Ravindra DixitClick here to read/download the Order

MP High Court Constitutes Committee To Protect Gwalior Hillocks From Encroachment, Illegal Excavation By Land Mafia

Jayanti Pahwa

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