Home  > Recent Judgements  > Madhya Pradesh High Court Orders protection of Jal Jeevan Mission pipelines amid Optical Fibre Cable work

March 2- 2026

Madhya Pradesh High Court Orders protection of Jal Jeevan Mission pipelines amid Optical Fibre Cable work

Introduction

The Madhya Pradesh High Court recently passed an important interim order directing authorities to ensure the protection of water pipelines laid under the Jal Jeevan Mission (JJM) while optical fibre cable (OFC) installation work is carried out in the same corridor. The direction was issued while hearing a petition filed by Larsen & Toubro Limited alleging extensive damage to pipelines due to fibre cable work undertaken in the area.

The case, Larsen and Toubro Ltd v State of Madhya Pradesh, raises critical concerns regarding the coordination of multiple infrastructure projects and the protection of public utilities developed under government welfare schemes.

Court’s Interim Order

The matter was heard by Justice Amit Seth, who issued notice to the respondents and passed an interim direction to prevent further damage to the existing water infrastructure.

The Court observed:

“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 fibre 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.”

Through this order, the Court effectively required the authorities executing the OFC work to exercise caution and adopt safety measures while laying fibre cables so that the pipelines installed under the Jal Jeevan Mission remain protected.

Infrastructure Projects Involved

The dispute involves two major national infrastructure programmes:

Jal Jeevan Mission

The Jal Jeevan Mission is a flagship initiative of the Government of India aimed at providing safe and adequate drinking water through household tap connections to every rural household.

Under this mission, extensive pipeline infrastructure has been developed across rural areas to ensure continuous water supply.

Bharat Net Programme

The optical fibre work in the case is being undertaken under the Bharat Net Programme, which seeks to provide high-speed broadband connectivity to rural villages through a nationwide fibre optic network.

The project is implemented by Bharat Broadband Network Limited, which has engaged contractors for the installation of optical fibre cables.

Parties to the Case

The petition named several authorities responsible for the projects and their implementation:

  • Respondent No.1: State of Madhya Pradesh
  • Respondent No.2: Madhya Pradesh Jal Nigam Maryadit
  • Respondent No.3: Collector & District Magistrate, Shivpuri
  • Respondents No.4–6: Local police authorities including the Superintendent of Police
  • Respondent No.7: Bharat Broadband Network Limited
  • Respondent No.8: NCC Limited (contractor executing OFC work)
  • Respondent No.9: Union of India
  • Respondent No.10: Office of the Mission Director

Background: Madikheda Multi-Village Water Supply Scheme

The dispute arises from the Madikheda Multi-Village Scheme, a major rural water supply project designed to provide treated surface water to nearly 973 villages in Shivpuri district.

Water for this scheme is sourced from the Madikheda Dam, which is located on the Sindh River. The project involves drawing raw water from the dam, treating it, and transporting it through a network of pipelines to rural settlements.

The petitioner, Larsen & Toubro Ltd., is involved in the construction and execution of parts of this pipeline infrastructure.

Start of Optical Fibre Work

Around September 2025, Bharat Broadband Network Limited and its contractor NCC Limited began laying optical fibre cables in the same geographical area under the Bharat Net programme.

According to the petition, the OFC work was carried out along the same right-of-way corridors where the Jal Jeevan Mission pipelines had already been installed.

The petitioner argued that while expanding digital connectivity is an important public objective, such work must be carried out in coordination with existing infrastructure and in compliance with applicable legal frameworks, including:

  • The Telecommunications Act 2023
  • Right-of-Way rules governing installation of telecom infrastructure

Prior Communications and Coordination Efforts

The petition states that Larsen & Toubro attempted to proactively coordinate with the agencies executing the fibre network.

Through communications dated September 11 and September 16, 2025, the petitioner shared Keyhole Markup Language (KML) files containing the exact alignment and mapping of the pipelines. These files were intended to help the OFC contractors avoid damaging the underground pipeline infrastructure.

However, the petitioner alleged that there was no indication that the alignment data was actually used during the execution of the fibre cable work, resulting in repeated damage to the pipelines.

Extent of Damage to Pipelines

The petitioner reported the damage to the authorities through a communication dated November 5, 2025.

According to the petition:

  • The initial estimated damage was about 18.1 kilometres of pipeline.
  • Later assessments by Madhya Pradesh Jal Nigam Maryadit indicated that approximately 26.44 kilometres of pipeline infrastructure had been damaged.

The petitioner argued that such damage not only caused financial losses but also disrupted the progress of the rural water supply project.

Findings by District Prosecution Directorate

The District Prosecution Directorate examined the matter and, through a communication dated December 2, 2025, acknowledged that the actions could constitute offences under:

  • The Bharatiya Nyaya Sanhita 2023
  • The Prevention of Damage to Public Property Act 1984

Despite these findings, the petitioner alleged that no First Information Report (FIR) was registered and no effective action was taken against the entities responsible for the damage.

Reliefs Sought Before the High Court

Aggrieved by the continued damage and lack of administrative action, the petitioner approached the Madhya Pradesh High Court seeking urgent intervention.

The petition sought several directions, including:

  • Registration of an FIR against the agencies responsible for damaging the pipelines
  • Regulation and monitoring of OFC work in the area
  • Creation of a joint supervision mechanism involving relevant authorities
  • Immediate steps to prevent further damage to the Jal Jeevan Mission infrastructure

The petitioner also argued that the ongoing damage directly affected its contractual obligations under the project and risked delaying the delivery of drinking water to hundreds of rural villages.

Significance of the Case

The case highlights the growing challenges of simultaneous infrastructure development in India, particularly in rural areas where projects related to water supply, roads, electricity, and digital connectivity often share the same corridors.

While both the Jal Jeevan Mission and Bharat Net programmes aim to improve rural infrastructure, lack of coordination between executing agencies can lead to costly damage, delays, and duplication of work.

The High Court’s interim direction therefore emphasizes the importance of coordination, planning, and safeguarding existing public infrastructure while implementing new development projects.

Next Hearing

After hearing the initial arguments, the High Court issued notice to the respondents and directed them to ensure that no further damage is caused to the pipeline infrastructure.

The matter has been listed for further hearing on April 15, 2026.