Nagpur: A day after illegal structures choking a natural nullah in East Shankar Nagar came under the spotlight, legal position has turned unequivocal — covering or building cover over drains is illegal, with multiple directives from courts and environmental tribunals putting the Nagpur Municipal Corporation (NMC) under scrutiny.A senior official from NMC’s town planning department confirmed that civic rules do not permit covering of nullahs within city limits. Yet, ground realities tell a different story, with sections of the drain narrowed, built over and reduced to a stagnant undercurrent.Legal provisions leave little room for ambiguity. Under Maharashtra Municipal Corporations Act and Maharashtra Regional and Town Planning (MRTP) Act, nullahs are classified as essential public utilities, and any obstruction or construction over them is prohibited. The Bombay high court has repeatedly ruled that such encroachments cannot be regularised, even if permissions were granted, and has termed such actions an abuse of power. The National Green Tribunal (NGT) has gone a step further, declaring any covering of drains or construction within their bed or buffer zones as “per se illegal”, mandating demolition regardless of prior approvals.Adding to this, the Unified Development Control and Promotion Regulations (UDCPR) clearly demarcate eco-sensitive flood zones. Areas between blue flood line (indicative of flood levels for a 25-year return period) and red flood line (indicative of flood levels for a 100-year return period) are classified as restricted or prohibited zones, where construction is either heavily regulated or completely barred. Any development within these limits — especially over natural drains — is largely ineligible for approval or regularisation.Further, buffer norms mandate a minimum no-construction zone of around 12 metres along nullahs, meant to preserve natural flow and accommodate overflow during heavy rains.Environmental concerns reinforce the legal stance. Experts warn that covering nullahs reduces carrying capacity, obstructs storm water flow and makes desilting nearly impossible — directly contributing to flooding. Statutory backing comes from the Water (Prevention and Control of Pollution) Act, 1974, which defines a “stream” to include any watercourse and prohibits obstruction of flow, making such interventions punishable.Despite these layered safeguards — from civic laws to environmental regulations — violations continue to surface. Officials admit that once drains are covered, maintenance becomes extremely difficult, often leading to chronic flooding and sanitation issues.With clear legal prohibitions, defined no-go zones under UDCPR and strict judicial directives, the spotlight is now on enforcement — and whether NMC will act decisively or allow illegal nullah cover-ups to persist unchecked.INFOBOXWHAT LAW SAYS ON NULLAHSPer se illegal (NGT): Any covering of drains or construction within the bed/buffer zone is illegal and liable for demolition — even if civic permission was granted.HC stand: Bombay High Court has ruled that encroachments on nullahs cannot be regularised; termed such actions an “abuse of power”.Public Trust Doctrine: Civic bodies are trustees of natural drains — cannot allow private construction that compromises public utilities.UDCPR FLOOD LINE NORMSBlue flood line: Indicates likely flood level — construction strictly restricted.Red flood line: Denotes highest flood level — no construction zone.Between blue and red lines: Eco-sensitive zone; most developments barred or heavily regulated.BUFFER ZONE RULESMinimum setback: At least 12 m no-construction zone along nullahs.Larger drains: Higher buffer norms may apply based on width and classification.Purpose: To ensure free flow, prevent flooding and allow maintenance access.STATUTORY BACKINGWater Act, 1974: Defines “stream” to include drains; prohibits obstruction of flow.MRTP and MMC Acts: Ban construction over public utilities like storm water drains.GROUND REALITY IN NAGPUR• Nullahs being covered, narrowed, built over• Maintenance and desilting becoming difficult• Reduced carrying capacity and risks waterlogging and flooding• Civic action remains weak despite clear laws
