MP High Court Orders Protection Of Water Pipelines Laid Under Jal Jeevan Mission In Plea Alleging Damage Due To Optical Cable Fibre Work

The Madhya Pradesh High Court in an interim order directed protection of protect water pipelines laid under the Jal Jeevan Mission part of the Madikheda Multi-Village Scheme, while hearing Larsen and Toubro Ltd's plea alleging large-scale pipeline damage due Optical Fibre Cable (OFC) works carried out in the same corridor. Issuing notice on the petition, Justice Amit Seth directed, "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". The petitioner approached the Court seeking urgent intervention and remedial action regarding extensive damage to the Jal Jeevan Mission pipeline forming part of the Madikheda Multi-Village Scheme in Shivpuri District. Respondent No. 1 is the State of Madhya Pradesh, Respondent No. 2 is Madhya Pradesh Jal Nigam Maryadit, Respondent No. 3 is the Collector & District Magistrate of Shivpuri, Respondent Nos. 4 to 6 are the Superintendent of Police, Respondent No. 7, Bharat Broadband Network Ltd, Respondent No. 8, NCC Limited, Respondent No. 9 is the Union of India, Respondent No. 10 is the Office of the Mission DirectorBackgroundThe Madikhera Multivillage Scheme was designed to draw, treat and convey surface water from the Dam on the Sindh River and distribute it to approximately 973 rural villages. Around September 2025, respondent no 7 and 8, BBNL and NCC (contractor), began laying Optical Fibre Cables in the area under the BharatNet programme. The petition stated that the OFC works were executed along the same right-of-way corridors where JJM pipelines were already laid down. The petition stated that although digital connectivity was a legitimate public objective, the works ought to have been carried out in compliance with Telecommunication Act and Right of Way frameworks and must be coordinated with existing infrastructure. The petition stated that it proactively sought coordination through a communication of September 11 and 16, 2025, providing Keyhold Markup Language file containing alignments for safe routing. However, there was no record to indicate they used the said Keyhole Markup Language. By communication of November 5, 2025, the petitioner reported repeated damages to already laid down pipelines, estimating an initial damage of 18.1 km. MP Jal Nigam (Respondent no 2) estimated damage of 26.44 km of pipelines. The District Prosecution Directorate, by communication dated December 2 2025 acknowledged the violations and concluded that offences under the BNS and the Prevention of Damage to Public Property Act were made out. Despite this, no FIR or action was taken against respondents 7 and 8. Aggrieved, the petitioner approached the Court, asserting that the continuing damage directly affected its contractual obligations and sought registration of FIR, regulation of OFC works in the conflict zone and a joint supervision mechanism. The bench, after hearing the initial arguments, issued notice to the respondents and passed the aforementioned directions. The case was scheduled for further hearing on April 15, 2026. Case Title: Larsen and Toubro Ltd v State of MP [WP-5464-2026]For Petitioner: Advocates Siddharth Sijoria and Madhur BhargavaFor State: Government Advocate GK Agarwal For Union: Deputy Advocate General Praveen Newaskar Click here to read/download the Order

MP High Court Orders Protection Of Water Pipelines Laid Under Jal Jeevan Mission In Plea Alleging Damage Due To Optical Cable Fibre Work

Jayanti Pahwa

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