National Green Tribunal
Aarya Shrivastava vs Ministry Of Environment on 24 July, 2025
Item No.03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
(I.A. No.88/2025 & I.A. No.89/2025)
In
Original Application No.77/2020(CZ)
(I.A. No.73/2021)
Aarya Shrivastava Applicant (s)
Vs.
Union of India & Ors. Respondent(s)
Date of Hearing: 24.07.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant (s): Mr. Dharamvir Sharma, Adv.
For Respondent(s) : Mr. Prashant M. Harne, Adv.
Ms. Parul Bhadoria, Adv.
Ms. Gunjan Chowksey, Adv.
Mr. Mohammad Iquraam, Adv. (Intervener)
Mr. Rafi Zuberi, Adv.
ORDER
1. These two applications have been moved by the Intervener by means of filing of I.As. with the prayer to implead the Applicant in the first application and to pass an interim order in the second application.
2. Heard the learned counsel for the parties and perused the records.
3. The matter relates to removal of encroachment and prevention of discharge of untreated water into the body known as "Bhopal Wetlands". Bhopal Wetland is a recognized Ramsar site, a wetland of international significance. Upper Lake is an important source of potable water to the city, spread over about 31 km2 and fulfills the need of drinking water of people of Bhopal City, numbered more than 12 lakhs. Upper Lake also has a great 1 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors. importance to address local climate, vegetation, ground water depletion and ground water contamination of the surrounding area. It has more than 15 kinds of fishes and several vulnerable animals like turtles, amphibians and aquatic invertebrates. More than 2500 migratory birds across the world used to come regularly to this Wetland for breeding and dispersal of seeds, leading to maintenance of biodiversity along their routes. Spill way of Upper Lake is known as 'Kaliasot dam' which is again an alternate drinking water source for the city. Water of 'Kaliasot Dam' is used for agricultural purposes i.e., irrigation of around 4,588 hectares of land. Catchment of Upper Lake is extended in 361 km2 area while water spread area is restricted to 31 km2. In Bhopal Master Plan, 2005, Clause 2.55 - page 39, it is said that no recreational activities should be permitted in the water of Upper Lake since it is fundamentally used for drinking purposes and recreational activities may result adversely on the quality of water of Upper Lake.
4. Government of Madhya Pradesh issued a Notification dated 16.03.2022 which refers to Wetland (Conservation and Management) Rules, 2017 (hereinafter referred to as 'Wetland Rules, 2017') issued by Government of India, Ministry of Environment, Forest and Climate Change (hereinafter referred to as 'MoEF&CC') in exercise of powers under Section 3(1) and (2)(v) and (3) read with Sections 25 and 23 of Environment (Protection) Act, 1986 (hereinafter referred to as 'EP Act, 1986'). The said Notification dated 16.03.2022 appended maps showing 'Bhoj Wetland' and its 'Zone of Influence' area by way of maps no. 1, 2 and 3 in appendix 'A' which were approved by Madhya Pradesh State Wetland Authority (hereinafter referred to as 'MPSWA') in its meeting dated 01.02.2022. In view of the aforesaid maps, recommendations were made with regard to 'Prohibited', 'Regulated' and 'Permitted' activities in the wetland, within 50 meters of the wetland boundary and in the Zone of Influence.
2 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
5. Notification dated 16.03.2022 says that State Government has granted administrative approval to the Full Tank Level (hereinafter referred to as 'FTL') boundary of wetland and therefrom the area of 50 meters and Zone of Influence as prescribed. On the basis of the maps, area of Bhoj Wetland, as per FTL, is determined as 3946.33 hectares (Upper Lake 3872.43 hectares + Lower Lake 73.90 hectares) and the said determination is approved by State Government. Notification dated 16.03.2022 also prescribes the protected distances of urban, rural and Kolans River as also the streams and drains (major and minor streams) meeting Bhoj Wetland and Zone of Influence as under:-
"ⅰ. शहरी े की ओर BWL के FTL के आसपास 50 मी का बफर - मानिच .1 ii. ामीण े की ओर BWL के FTL के आसपास 250 मी. बफर मानिच .2 iii. कोलां स नदी के आसपास 250 मी. बफर - मानिच .3 iv. कैचमट मु ख ीम के आसपास 50मी बफर - मानिच .3 v. कैचमट के माइनर ीम के आसपास 09मी बफर - मानिच .3"
English Translation by Tribunal:
i. 50m buffer around FTL of BWL towards urban area - Map no. 1 ii. 250m buffer around FTL of BWL towards rural area - Map no.2 iii. 250m buffer around Kolans River - Map no. 3 iv. iv. 50m buffer around the catchment main stream - Map No. 3 v. v. 09m buffer around minor stream of catchment - Map No. 3"
6. The prohibited, regulated and permitted activities mentioned in para 4 - A, B and C, respectively, of Notification dated 16.03.2022 are made effective as under:-
"A. ितबंिधत गितिविधयां (Prohibited Activities) वेटलै िनयम 2017 का पालन सुिनि त करने हे तु भोज वेटलै एवं उसके Zol म Prohibited गितिविधयों का िन ानुसार िनधारण िकया जाता है । भोज वेटलै के Full Tank level (FTL) से 50 मी. तक िनमाण व अ गितिविधयां िन ानुसार पूणतः ितबंिधत की जाती ह -
Prohibited activities in Bhoj Wetland and its Zol are determined to ensure compliance with the Wetland Rules 2017 as follows: 50 meters from the Full 3 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
Tank Level (FTL) of Bhoj Wetland and construction & other activities are completely restricted as follows:
(English Translation by Tribunal) i. Conversion for non-wetland uses i.िकसी भी िक के अित मण सिहत including encroachment of any गैर वेटलै उपयोग हेतु प रवतन kind; ii. Setting up of any industry and expansion of existing ii. िकसी भी उ ोग को ािपत करना एवं industries; iii. Manufacture or handling or storage or disposal of िव मान उ ोगों का िव ार करना construction and demolition waste covered under the Construction and iii. िनमाण एवं अपिश बंधन िनयम Demolition Waste Management 2016 के अंतगत आने वाले िनमाण और Rules, 2016; hazardous substances covered under the अपिश का िविनमाण या िनपटान, Manufacture, Storage and Import of प रसंकटमय रसायन के िविनमाण, Hazardous Chemical Rules, 1989 or the Rules for the Manufacture, भ ारण और आयात िनमाण िनयम, Use, Import, Export and Storage of 1989 या प रसंकटमय सू जीवों, Hazardous Microorganisms/Genetically आनुवंिशक प से िनिमत जीवों या Engineered Organisms or cells, कोिशकाओं का उपयोग, आयात, िनयात, 1989 or the Hazardous Wastes (Management, Handling and और भ ारण संबंधी िनयम, 1989 या Transboundary Movement) Rules, प रसंकटमय अपिश ( बंधन, और 2008; electronic waste covered under the E-Waste (Management) सीमा पार संचालन) िनयम 2008 के Rules, 2016; iv. Solid waste अंतगत आने वाले प रसंकटमय पदाथ, dumping; v. Discharge of untreated wastes and effluents from ई- अपिश , ( बंधन) िनयम, 2016 के industries, cities, towns, villages and other human settlements; vi.
अंतगत आने वाले ई- अपिश Any construction of a permanent nature except for boat jetties within iv. ठोस अपिश का िन ादन;
fifty metres (50) from the mean high
flood level observed in the past ten v. उ ोगों, शहरों, क ों, गां वों और अ
years calculated from the date of मानव ब यों, से अशोिधत अपिश और
Commencement of these rules; and,
vii. Poaching. बिह ावों का िन ादन
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I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
vi. िकसी भी ायी कृित का िनमाण
िसवाय नाव घाटों के, तालाब के 50 मीटर
के भीतर ितबंिधत रहगे।
vii. अवैध िशकार
B. िविनयिमत गितिविधयां (Regulated Activities) -
नगर िनगम, भोपाल ारा भोज वेटलै एवं उसके Zone of Influence म मलजल उपचार संयं /
सीवेज पंप हाउस (STP/SPH) ािपत िकये जाने के ाव को िविनयिमत गितिविधयों म स िलत
िकया जाता है। वेटलै िनयम 2017 का पालन सुिनि त करने हे तु भोज वेटलै एवं उसके Zol म
Regulated गितिविधयों का िन ानुसार िनधारण िकया जाता है -
The proposal to establish Sewage Treatment Plant/Sewage Pump House (STP/SPH) in Bhoj Wetland and its Zone of Influence by Municipal Corporation, Bhopal is included in the regulated activities. The regulated activities in Bhoj Wetland and its Zol are determined as follows to ensure compliance of the Wetland Rules 2017, (English Translation by Tribunal) i. Subsistence level biomass i. जीवन िनवाह यो मा ा म बायोमास harvesting (including traditional िनकालना (परं परागत तरीकों सिहत) practices);
ii. संधा रत मछलीपालन
ii. Sustainable culture fisheries
practices (in private lands); iii. गैर- मोटर चािलत नावों का संचालन
iii. Plying of non-motorized boats; iv. डीिस ं ग िडवीिडं ग करते समय यह
ान रखा जाए िक वेटलै के जल ोत
iv. Desilting, in case where
wetlands inflow regimes and एवं जल हण मता म कोई भाव न हो
water-holding capacity are (नोट-तालाब गहरीकरण एवं डीिस ं ग दो
impacted by siltation (note that अलग-अलग ि याकलाप ह)। 'deepening' activities are not the v. अ ाई कृित के िनमाण ।
same as 'desilting'); &
v. Construction of temporary vi. नगर िनगम, भोपाल ारा मलजल
nature. vi. Construction of STP/SPH उपचार संयं /िसवेज प हाउस का
by Municipal Corporation, Bhopal. िनमाण।
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I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
C. अनु ात गितिविधयां (Permitted Activities)-
वेटलै िनयम 2017 का पालन सुिनि त करने हे तु भोज वेटलै एवं उसके Zol म Permitted
गितिविधयों का िन ानुसार िनधारण िकया जाता है ।
The permitted activities in Bhoj Wetland and its Zol are determined to ensure compliance with Wetland Rules 2017, as follows.
(English Translation by Tribunal)
भारत सरकार ारा जारी वेटलै िनयम i. पा र ितक पुनवास एवं कृित का
ि या यन मागदिशका (15. . पृ) 2020 पुनिनमाण
अनुसार ऐसी गितिविधयां िजनके कारण
ii. वेटलै इं वे ी मू ांकन एवं मॉनीट रं ग
वेटलै के Wise Use की प रक ना
साकार होती है , वेटलै एवं Zol म iii. शोध काय
Permit की जा सकती ह। उपरो
iv. सं ेषण, पयावरण िश ा और जन-
मागदिशका अनुसार िन िल खत गितविधयां
भागीदारी कायकलाप
भोज वेटलै और उसके Zol म
Permitted Activities की ेणी म होंगी - v. बंधन िनयोजन
According to the Wetland Rules vi. वे टलै आधा रत पि यों का संर ण
Implementation Guide (15 No. एवं उनके ाकृितक रहवास का बंधन
Page) 2020 issued by the
vii. समुदाय आधा रत ईको-टू र (कम से
Government of India, such
activities which fulfill the concept कम िनमाण गितिविधयां सिहत) of Wise Use of Wetland can be viii. पुनय जी मता अनुसार वेटलै के permitted in Wetland and Zol.
ाकृितक उ ादों का संतुिलत दोहन According to the above guide, the following activities will be in the ix. जलवायु प रवतन सम ा के िनदान के category of Permitted Activities -
िलए ाकृितक संसाधन आधा रत
research work in Bhoj Wetland
अनुकूलन एवं शमन हे तु वेटलै का
and its Zol.
एकीकरण
(English Translation by Tribunal)
i. Ecological rehabilitation
rewilding of nature; and
ii. Wetlands inventory, assessment
and monitoring;
iii. Research;
iv. Communication, environmental
education and participation
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I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
activities;
v. Management planning;
vi. Habitat management and
conservation of wetland-dependent
species;
vii. Community-based ecotourism
(with minimum construction
activities);
viii. Harvesting of wetlands
products within regenerative
capacity; and,
ix. Integrating wetlands as nature
based solutions for climate change
mitigation and adaptation.
7. The Hon'ble Supreme Court in Municipal Council, Ratiam Vs. Vardhichand (1980)4 SCC 162 and B.L. Wadhera v. Union of India and Ors. (1996) 2 SCC 594 laid down that a clean environment is a fundamental right of citizens under Article 21 and it is for the local bodies as well as the State to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded.
8. Further, the Hon'ble Supreme Court in the case of A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718 elevated the Right to a clean and healthy environment to the status of a fundamental human right under Article 21. The relevant portion of the judgment is produced below:-
"57. Environmental concerns arising in this Court under Article 32 or under Article 136 or under Article 226 in the High Courts are, in our view, of equal importance as human rights concerns. In fact, both are to be traced to Article 21 which deals with the fundamental right to life and liberty. While environmental aspects concern "life", human rights aspects concern "liberty". In our view, in the context of emerging jurisprudence relating to environmental matters, as is the case in matters relating to human rights, it is the duty of this Court to render justice by taking all 7 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
aspects into consideration. With a view to ensure that there is neither danger to the environment nor to the ecology and, at the same time, ensuring sustainable development, this Court in our view, can refer scientific and technical aspects for investigation and opinion to expert bodies such as the appellate authority under the National Environmental Appellate Authority Act, 1997."
9. The Hon'ble Supreme Court in the case of M.C. Mehta v. Union of India (Kanpur Tanneries 22-9-87), (1987) had established that the right to a healthy and clean environment is integral to the Right to Life. The relevant excerpt from the judgment is reproduced below:-
"4..... Man is both creature and moulder of his environment which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the manmade, are essential to his well being and to the enjoyment of basic human rights even the right to life itself......."
10. Further, in the case of M.C. Mehta v. Kamal Nath, (2000) 6 SCC 213 the Apex Court had recognized that Article 48- A and Article 51-A(g) should be construed within the ambit of Article 21. The relevant excerpt from the judgment is provided below:-
"8. Apart from the above statutes and the rules made thereunder, Article 48-A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. One of the fundamental duties of every citizen as set out in Article 51-A(g) is to protect and improve the natural environment, including forests, lakes, rivers and wildlife and to have compassion for living creatures. These two articles have to be considered in the light of Article 21 of the Constitution which provides that no person shall be deprived of his life and liberty except in accordance with the procedure established by law. Any disturbance of the basic environment elements, namely air, water and soil, which should be hazardous to "life"
within the meaning of Article 21 of the Constitution." 8 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
11. Article 48-A in Part IV (Directive Principles) brought by the Constitution 42nd Amendment Act, 1976, enjoins that "the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country". Article 47 further imposes the duty on the State to improve public health as its primary duty. Article 51-A(g) imposes "a fundamental duty" on every citizen of India to "protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures". The word 'environment' is of broad spectrum which brings within its ambit "hygienic atmosphere and ecological balance". It is, therefore, not only the duty of the State but also the duty of every citizen to maintain hygienic environment. The State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment. Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. Any contra acts or actions would cause environmental pollution. Environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 21. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection, therefore, has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. Therefore, there is a constitutional imperative on the State Government and the municipalities, not only to ensure and safeguard proper environment but 9 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors. also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment.
12. The city of Bhopal is proud of being a city of lakes, but the facts are that more than 41 nallhas/passages/units are discharging untreated chemical sewage /polluted water into the pious lake, which is the largest source of water in the city of Bhopal. Encroachments, illegal constructions of residential and commercial establishments are another problems in addition to throwing of garbage and/or dumping them near the open space of the lake. Repeated directions were issued by the Hon'ble Supreme Court and this Tribunal but inspite of them in flagrant violation of laws of the land, polluted water in the form of sewage, hospital and household effluents and also solid waste have continued to be discharged/thrown in the water body/lake. Violation of law is not only by private persons but also due to failure of statutory bodies including the local bodies and the regulatory authorities in taking adequate steps. There is a total lack of positive actions or accountability which weakens the rule of law, as large scale violations go unaddressed despite repeated and multiple judicial orders.
13. India is already suffering from one of worst water crises in history and millions of lives and livelihood are under threat.
14. As informed by the Learned Counsel for the Municipal Corporation more than 227 encroachments are there and some of them are in nature of permanent constructions, in addition to that there are temporary and semi- permanent constructions. This Tribunal after taking cognizance of them directed the authorities to take remedial actions but during the course of hearing the authorities/Learned Counsels are shifting the responsibility from one authority to another authority, though all the organs of administration are expected to protect the State property as well as environment for the good of people. They are being paid to do their legal duties and to protect the interest of the State. Negligence of those to whom 10 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors. public duties have been entrusted can never be allowed to cause public mischief.
15. In the report submitted by the State Pollution Control Board, it is submitted that two nallas i.e Idgah Hills and SBI nallahs have been intercepted now and diverted to STP Maholi Damkheda with the help of sewer line laid under 'Amrit Project' for the treatment of waste water. Construction and completion of some other STPs are under progress, but the narration of facts in the application that more than 41 hospital units are continuously discharging their chemical water/effluents have not been sufficiently explained by the Corporation. Respondent No. 5/Municipal Corporation vide action taken report submitted that letter have been addressed to the authorities for rehabilitation and redevelopment for providing houses to slum dwellers living at Bhadbhada i.e. Upper Lake and further that their agitation and representations are made by some organisations. This Tribunal is not concerned with internal official correspondence of the authorities but intended to achieve the target and outcomes as enshrined in the Constitution wherein responsibility under Article 243-W is vested in the Municipalities, and the obligation extends to public health, sanitation, conservancy and solid waste management. The onus to operate the existing common effluent treatment plants or management of solid and liquid wastes rests on Municipalities and/or local bodies. Given the aforesaid responsibility, the Municipality cannot be permitted to shy away from discharging the onerous duty.
16. Looking to the seriousness of the matter, it was taken up by the Larger Bench consisting of Six Members and vide order dated 28.02.2022, it was observed as follows:-
"Observations, Findings and Directions
21. We find the situation to be extremely unsatisfactory. There appears to utter neglect of constitutional obligation by the State Authorities, to the 11 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors. prejudice of environment and public health. Dumping of bio-medical and other waste and discharge of untreated sewage into the water bodies is a great hazard to public health and crime under the law of the land. Such water may be consumed by human or other living beings and also used for irrigation, affecting food safety, apart from damaging the flora and fauna in the area, including the aquatic life. Discharge of sewage is also blatant contempt of Supreme Court directions in Judgment dated 22.02.2017 in Paryavaran Surakha Samiti vs. Union of India, (2017) 5 SCC 326. Further, encroachments involve violation of statutory Rules, particularly Rule 4 of the Wetland (Conservation and Management) Rules, 2017. There is also undoubted violation of Water (Prevention and Control of Pollution) Act, 1974, Environment (Protection) Act, 1986 and Rules framed, Madhya Pradesh Town and Country Planning Act, 1973, Madhya Pradesh Municipal Corporation Act, 1956 and Bhopal Master Plan 2005. Any construction in catchment area upto 50 mtrs of the drain is illegal. The enforcement of Rule 4 for protecting the catchment area is not dependent on title to the property and even an owner is not permitted to raise construction in such 'No Construction Zone'. The lawlessness prevailing, as depicted from undisputed documents and findings in the reports of the statutory authorities need to be remedied on war footing by stringent action with the involvement of higher authorities of the State so as to enforce rule of law and restore environment and protect public health. Measures to be taken may include management of sewage by way of treatment and reuse. Help of Industries, who may use treated sewage for industrial purposes, may also be explored on such pattern at some places. This may require laying of pipelines to connect treated sewage to the industrial area, if adequate treatment facilities are not otherwise available with the Corporation. Demarcation of catchment area needs to be ensured with reference to the revenue record and summary action needs to be taken to remove encroachments and instead to develop green belts along the drains, lakes and the Wetland. Further, the lakes need to hold sufficient water and lake water quality has to be maintained at least which may allow aquatic life to thrive. This is constitutional obligation of the State. Since inter-departmental coordination issues arise and matter has remained neglected for long, including for about four years, inspite of pendency of the matter before the Tribunal, oversight and involvement of highest administrative authority in the State has become necessary.
22. Accordingly, we direct the Chief Secretary, Madhya Pradesh to forthwith call a meeting of concerned Departments particularly Public Health, Irrigation, Environment, Urban Development and Revenue Departments. The Environment Department can be the nodal agency, 12 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
unless otherwise directed by the Chief Secretary. Apart from the said concerned Departments, the statutory regulators - the State PCB and State Wetland Authority may also be associated. The meeting may take cognizance of the grim situation and prepare a broad roadmap for the course of action to be adopted with stringent timelines, budgetary support and identified and accountable authorities for performing the tasks identified and also monitoring mechanism. The joint Committee may ensure compliance of rule of law, protection of environment and public health and restoration of public assets from the encroachers, acting in collusion with concerned authorities, to the detriment of public interest. It may be ensured that henceforth no illegal constructions take place, pending action against the past violations. Wherever found necessary, CCTV cameras be installed. Water quality of water bodies be restored by preventing dumping of waste and discharge of effluents/sewage. Water quality monitoring has to be on regular basis, exploring possibility to keep water bodies aerobic for maintenance of oxygen and for atleast Class 'C' Water Quality criteria. It is sad to note that Health providers appear to be spreading diseases by dumping biomedical waste in water bodies, as found by the statutory regulators in the reports filed before this Tribunal. Health care establishments need to have either captive social and liquid water management facilities or common facilities in accordance with Bio- Medical Waste Management Rules, 2016."
17. The matter of determination of right, title and interest of the individual persons, during the course of hearing on 28.02.2022, the Tribunal observed in para 24 as follows:-
24. Since, we are directing the statutory authorities to exercise their statutory powers following due process, we do not consider it necessary to issue notice to individual violators who have remedy of approaching this Tribunal by way of an Appeal or otherwise, if they are aggrieved. Various directions of this Tribunal have already been quoted in detail in earlier orders of this Tribunal and are not being repeated.
18. Report filed by State of Madhya Pradesh on 28.02.2022 is to the effect that steps have been taken to remove encroachments by writing letters to the concerned officers. The matter is to be coordinated by Commissioner, Urban Administration and Development through District Collector to obtain record pertaining to encroachments to take a decision on the representation of the 13 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors. alleged encroachers. BMC will provide opportunity of hearing to them. Report is reproduced below:-
"2. In compliance to the direction passed by the Hon'ble Tribunal the commissioner Department of Urban Administration and Development, State of MP Bhopal has written a letter dated 26/02/2022 to the district collector Bhopal pertaining to the steps taken by the Bhopal Municipal Corporation. It is noteworthy to mention over here that for carrying out survey of juggi, dwellers, verification, selection of beneficiary, margin money, full amount preparation of file and bank linkage proceedings, the Superintendent Engineer, Bhopal Municipal Corporation has appointed Assistant Engineer Mr Sachin Sahu from the Lake Conservation Cell of Bhopal Municipal Corporation to carry out above mentioned task, further for removal of encroachments, the Additional Commissioner, Bhopal Municipal Corporation has already written a letter to Sub Divisional Officer, TT Nagar, Bhopal which was not provided till date. The copy of the letter dated 26/02/2022 and letter dated 25/11/2021 are collectively marked and filed herewith as ANNEXURE R/11.
3. The Commissioner Department of Urban Administration and Development, State of MP Bhopal has now coordinating with the District Collector Bhopal to obtain the revenue record pertaning to the title of encroachers as the encroachers have made the representation that the land in question under encroachment belongs to Waqf Board MP, now after obtaining the revenue records pertaining to the title of the land in question, the nominated Assistant Engineer Bhopal Municipal Corporation will provide the opportunity of personal hearing to the encroachers/ juggi dwellers and thereafter on the basis of verification, the rehabilitation work wil1 be carried out at the earliest. The Bhopal Municipal Corporation will be submitting the time bound action plan before this Hon'ble Tribunal.
4. The District Administration as well the Nodal Department is extending all the required corporation and assistance to the Bhopal Municipal Corporation for the rehabilitation of juggi dwellers and the other encroachers from the lower lake (chota talab) Bhopal to conserve and protect the water body, under the direction of this Hon'ble Tribunal."
19. The Tribunal in its order dated 28.02.2022 considered the stand of respondents and recorded its dis-satisfaction. Tribunal in para 21 said:-
"...encroachments involve violation of statutory Rules, particularly Rule 4 of the Wetland (Conservation and Management) Rules, 2017. There is also undoubted violation of Water (Prevention and Control of 14 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
Pollution) Act, 1974, Environment (Protection) Act, 1986 and Rules framed, Madhya Pradesh Town and Country Planning Act, 1973, Madhya Pradesh Municipal Corporation Act, 1956 and Bhopal Master Plan 2005. Any construction in catchment area upto 50 mtrs of the drain is illegal. The enforcement of Rule 4 for protecting the catchment area is not dependent on title to the property and even an owner is not permitted to raise construction in such 'No Construction Zone'. The lawlessness prevailing, as depicted from undisputed documents and findings in the reports of the statutory authorities need to be remedied on war footing by stringent action with the involvement of higher authorities of the State so as to enforce rule of law and restore environment and protect public health."
20. Tribunal in para 22 issued directions to Chief Secretary, Madhya Pradesh to "forthwith call a meeting of concerned Departments particularly Public Health, Irrigation, Environment, Urban Development and Revenue Departments. The Environment Department can be the nodal agency, unless otherwise directed by the Chief Secretary. Apart from the said concerned Departments, the statutory regulators - the State PCB and State Wetland Authority may also be associated. The meeting may take cognizance of the grim situation and prepare a broad roadmap for the course of action to be adopted with stringent timelines, budgetary support and identified and accountable authorities for performing the tasks identified and also monitoring mechanism. The joint Committee may ensure compliance of rule of law, protection of environment and public health and restoration of public assets from the encroachers, acting in collusion with concerned authorities, to the detriment of public interest. It may be ensured that henceforth no illegal constructions take place, pending action against the past violations. Wherever found necessary, CCTV cameras be installed"
21. In para 25, it was further said that encroachers may be given opportunity which shall be of summary nature. Para 25 reads as under:- 15
I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
"25. It is also made clear that public hearing to the encroachers has to be of summary nature in the form of written submissions and record which can be verified from the Revenue Department in a joint meeting of concerned authorities, followed by summary procedure with police help under the relevant statutory provisions, for protecting the assets of the State and protection of environment and public health."
22. Thereafter, Tribunal directed Chief Secretary, Madhya Pradesh to file a consolidated action taken report mentioning steps taken by various authorities. However, no separate Action Taken Report has been filed by Chief Secretary.
23. An Action Taken Report dated 22.07.2022 (page 266 of paper book) has been filed on behalf of respondents, accompanying affidavit of Shri Suresh Sejkar, Superintendent Engineer, Urban Administration and Development Department, Bhopal. With regard to encroachments and its removal, the said report has said as under:-
"1. The flood plain levels of Upper lake as full tank level (FTL) and zone of influence (ZOI) are described in Environment Department, Government of Madhya Pradesh vide order dated 16/03/2022. The copy of the order dated 16/03/2022 is marked and enclosed herewith as ANNEXURE-III.
2. As per information provided by Nagar Nigam Bhopal action is being taken to restrict any further encroachment by running anti encroachment drive time to time.
3. Nagar Nigam Bhopal has identified 227 nos. of encroachments in upper lake catchment area near Bhadbhada. For shifting these habitants from the present location, BMC has offered the houses in the "housing for all" scheme of the Government of India to these residents but they refused the offer by saying that the land belong to Waqf Board. BMC is pursuing with Waqf board and SDM T.T. Nagar to certify ownership of the disputed encroached land. The matter of removal of these encroachments by BMC and District Administration is in progress. The copy of correspondence with Waqf board and SDM T.T. Nagar Bhopal is marked and enclosed herewith as (ANNEXURE-I)."16
I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
24. With regard to regular monitoring mechanism to oversee progress of execution in tandem with State Level Wetland Authority, the said report says as under:-
"The officials of the State Wetland Authority & Bhopal Municipal Corporation have provided the information with respect to the above subject and the information provided by the officials are quoted below:-
1. To comply with the instructions of Hon'ble NGT, an interdepartmental Committee under the chairmanship of collector Bhopal is constituted by State. This committee will regularly review the progress of compliance of instructions given by Hon'ble NGT. The Committee has representation from Bhopal Nagar Nigam, State Wetland Authority, MPPCB, EPCO, Chief Medical Officer Bhopal District, Public Health Engineering. Department and SDMs of Bhopal District. The committee will work in tandem with the State Wetland Authority and Wetland Conservation Rules 2017.The copy of order Dated 09/03/2022 is marked and enclosed herewith as ANNEXURE-IV.
2. It is also submitted that to conserve and protect lakes and wetlands, GoMP Department of Environment has constituted District Wetland Conservation Committees. These committees will work under the overall guidance of State Wetland Authority.
3. GoMP has also issued a detailed order delineating the Bhoj wetland boundary, FTL and 50 meters boundary and defining the Zone of Influence. Based on these and as per the Wetland Rules and subsequent Guidelines issued by MoEF&CC, Prohibited, Regulated and Permitted activities have been identified and announced.
4. The Lake Conservation Cell of Municipal Corporation Bhopal, regularly monitoring and taking action to prevent encroachment within 50 meters from the FTL. Continuous cleaning of the lakes and removing of silt from drains, plantation around periphery of lake and operation of fountains to maintain the ecosystem of lake. The interdepartmental officers meeting organized on dated 08/07/2022 in the presence of Deputy Collector minutes of meeting is marked and enclosed herewith as ANNEXURE R-V."
25. A separate compliance report dated 24.08.2022 (page 302 of paper book) has been filed on behalf of respondent 5 i.e., BMC with regard to removal of encroachments. Compliance report stated as under:-
17
I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
"4. However, in this particular case, the issue of the encroachments by the 227 violators has been taken care of by the Nagar Nigam, Bhopal. The Nagar Nigam, Bhopal have given the letters to the Waqf Board and the Sub-divisional Magistrate in order to coordinate to determine the title of the encroached Lands.
5. The Superintendent Officer, Lake Conservation Cell, Nagar Nigam, Bhopal has issued a letter dated 07.07.2022 to the Chief Executive Officer, M.P. Waqf Board, Bhopal bearing letter no. 114 categorically asked to provide the title documents of the properties at Gram Kotra Sultanabad bearing khasra no. 262, 263, 264, 266, 26, 268, 270, 271, 297, 282, 284, 291, 293, 296, 301, 305, 306, 307, 130, 131 and 292. The Letter issued to the Chief Executive Officer, M.P. Wagf Board, Bhopal dated 07.07 2022 has been annexed as Annexure-II.
6. The Superintendent Officer, Lake Conservation Cell, Nagar Nigam, Bhopal has also issued a letter dated 07.07.2022 to the Subdivisional Officer, T.T. Nagar Vrat, Bhopal bearing letter no. 118 categorically asked to provide the title documents of the properties at Gram Kotra Sultanabad bearing khasra no. 262, 263, 264, 266, 267, 268, 270, 271, 297, 282, 284, 291, 293, 296, 301, 305, 306, 307, 130 and 131. The Letter issued to the Sub-divisional Officer, T.T. Nagar Vrat, Bhopal dated 07.072022 has been annexed as Annexure-III.
7. Thereafter, a meeting was also being called upon 12.07.2022 including the Executive Director and Member Secretary of the State Wetland Authority, Bhopal, the Additional Collector, Bhopal, the Commissioner of the Bhopal Nagar Nigam, the Chief Engineer of the MP Piped Water Supply Management, Bhopal, the Chief Engineer of the Water Resources Department, Bhopal and the Regional Officer of the MPPCB who discussed the issues with respect to the investigation of the title documents of the encroached area and the rehabilitation of the Encroachers. The copy of the Letter dated 12.07.2022 has been annexed as Annexure-IV.
8. That, Housing for all Department of Nagar Nigam, Bhopal vide order dated 10.08.2022 constituted a Committee for the work of survey verification, relocation of the encroachers and the other miscellaneous work related to the same. In lieu of the same it 8. is also been duly informed to the Superintendent Engineer, Lake Conversation cell, Nagar Nigam, Bhopal vide letter dated 24.08.2022 that the survey verification is under process by the constituted team and after the completion of the survey, the encroachers will be removed and will be relocated. The copy of the letter 18 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
dated 24.08.2022 and the order dated 10.08.2022 has been annexed as Annexure-V(Colly.)
9. All the necessary steps have been taken for the removal of the encroachments in coordination with the concerned departments of the state. That in view of the compliance of the order of the Hon'ble Tribunal, it is to be noted that the work is still under progress it can safely be concluded that Respondent no.5 is abiding by all the provisions of law and is duly taking care of all the responsibilities regarding the protection of the environment and natural resources."
26. Respondent 5 has also filed a compliance report dated 20.07.2023 (page 322 of paper book) but stand taken with regard to alleged removal of encroachment is almost same as was in the compliance report dated 24.08.2022. The Action Taken Report dated 20.07.2023 reads as under:-
"3. The details of action taken are as follows:-
3.1 In order to comply with the directions of the Hon'ble NGT, a committee was formed consisting of the Respondents and other related officials, in order to regularly review the progress of the compliance. The said committee visited the site in question on 18.08.2022, 28.08.2022 and 29.09.2022 for conducting the survey of the encroached area but the residents/slum encroachers have restrained them from taking action by creating hue and cry situation at the site and have showcast high resistance and have threatened the officers of severe consequences in case they continue with the survey or removal of encroachment at that particular site. Copy of the report dated 10.10.2022 is annexed as R/1. 3.2 However, inspite of that Respondent no.5 is making attempts on various dates by taking all necessary measures in removing the encroachment from the site and has successfully removed some of the jhuggis/slums falling under the encroachment area. In lieu of the same, officials of Respondent no.5 visited the said site on 17.11.2022 and took all necessary and relevant action in removing temporary structures from 30 slunps/jhuggis at the site. Copy of the letter showing list of houses alongwith photographs is marked and annexed as R/2.
3.3 Further, the officials visited the site to carry out the demolition process on 31 05.2023 but due to the severe resistance received from the residents the demolition process could be done only over 5 Houses. The 19 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
Copy of the Panchnama dated 31.05.2023 and is hereby marked and annexed as Annexure R/3.
3.4 That since the residents have shown resistance on various previous dates and are not willing to vacate the encroached property Respondent no.5 issued a notice dated 05.07.2023 under Section 303(1) of the Bhopal Municipal Corporation Act to the said encroachers and have called upon them to vacate the encroached property within 7 days otherwise a strict action would be taken against them. However, inspite of receiving the notice the encroachers failed to act upon the same. Copy of one such notice dated 05.07.2023 is hereby marked and annexed as R/4. 3.5 Thus, Respondent no.5 immediately through Lake Conservation Cell issued a letter dated 23.06.23 and 14.07.2023 to the Encroachment Officer to provide necessary means including sufficient manpower so as to carry out the removal of the encroachment from the said site. Copy of the letters dated 23.06.2023 and 14.07.2023 are hereby marked and annexed as R/5.
3.6 That the officials of Lake Conservation cell along with the officers of the Encroachment Cell again jointly visited the site on 24.06.2023 and 20.07.2023 for executing the demolition process. However, the local residents gathered at the site in large numbers including women and children and forcefully prevented the officers to carry out the demolition as required. However, inspite of receiving the resistance the concerned officers carried out the demolition over 12 houses on 24.06.2023 and 18 houses on 20.07.2023. The Copies of the Panchnama dated 24.06.2023 and 20.07.2023 are hereby marked and annexed as Annexure R/6 and the Copies of the photographs reflecting the process of demolition are hereby marked and annexed as R/7.
3.7 That it is pertinent to mention that since the said site is a disputed site and the local residents of the slum used to quarrel with the officers therefore it was difficult to carry out the demolition process. Therefore the Respondent no.5 through Lake Conservation Cell issued a letter dated 13.07.23 to Police incharge Kamla Nagar, Thana Bhopal and requested to provide a sufficient police force including female police staff on the said site so as to carry out the demolition activity peacefully as required under police protection. Copy of the notice dated 13.07.2023 is hereby marked and annexed as R/8.
4. That, it is to be noted that the residents of the slums are resisting the said demolition process on the ground that the said property belongs to 20 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
the Wakf board and till the matter is pending before the Hon'ble M.P Wakf Tribunal case bearing no.A-54/2018 the demolition and dismantling of the houses may not be carried out. Copy of the letter is hereby marked and annexed as R/9.
5. That in view of the aforesaid that Respondent no.5 is taking all possible steps for removal of the encroachment inspite of receiving resistance from the local residents. That Respondent no.5 is also in consultation with the State Government is in the process of rehabilitating the encroachers as the same includes family to some other place for an easy execution of demolition procedure and is further developing a mechanism in consultation with the State Government for early disposal of the case pending before the Hon'ble M.P. Wakf Tribunal."
27. On 21.07.2023 Mr. KVS Choudary, Commissioner, BMC, has submitted an undertaking that removal of rest of the encroachments from the lake area is in process and, it has assured that the exercise shall be completed within four months and as a last opportunity the Tribunal accepted the said undertaking and grant four months' time for removal of all encroachments from the lake area and submit compliance report. Direction was issued that in-case the said undertaking is not complied with and the entire encroachment is not removed, considering the fact discussed above as also lack of co-ordination and co-operation on the part of Senior most Authorities of State i.e., Chief Secretary, Madhya Pradesh and Director General of Police, including Commissioner of BMC, we had no option but to direct that, if encroachments are not removed completely within four months, Chief Secretary, Madhya Pradesh; Director General of Police, Madhya Pradesh and Commissioner, BMC shall remain present physically before Tribunal on the next date.
28. The District Magistrate has further submitted that the demarcation of the area has been done according to the rules and the property under forestry are for developing the forestry, has been handed over to the forest department to ensure the bifurcation pillars have been installed. After 21 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors. removal of 11 encroachments one aggrieved filed the writ petition before the Hon'ble High Court and approximately 90 were impleaded as party and the matter was finally heard and decided by the court after intervention of the respondent State and it is communicated that on 05.12.2023 (yesterday) the stay order has been modified with certain directions.
29. It is further submitted that another matter is pending in Madhya Pradesh Wakf Tribunal since 2018. The Collector is directed to ensure the early disposal of the case and direct the State counsel to do the needful, so that the matter may not be kept pending for more years.
30. It is to be noted that the State Administration has constituted various committees of higher authorities with the Revenue Department for identification, measurement and protection of the wetland and they have executed the work for which it took more than five years and every grievance of the individual which were raised before the revenue authorities were taken up and opportunity of hearing were given to all concerned and some of the litigants who were aggrieved by the order including W.P. No.24007 of 2023 and W.P. No.29675 of 2023, and the said petitions were finally disposed of by the Hon'ble High Court and no relief was granted as prayed. The grievances, measurement and disputes with regard to property has already been heard by the revenue authorities and if anyone is aggrieved by the order passed by the revenue authorities, they may approach to appropriate forum by filing the appeal or revision before the appropriate revenue forum. More than 200 persons filed the writ petitions and after the order of the Hon'ble High Court, they further approached the Hon'ble Supreme Court by means of filing the Civil Appeal No.5304 of 2024 which was finally disposed and dismissed.
31. The I.A. No.89/2025 has been moved challenging the notices issued by the Tehsildar, a Revenue Court, against which the Applicant may file a response/reply and the Tehsildar may dispose of the said application 22 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors. according to rules and if the application has been finally disposed of by the competent revenue forum, the appropriate forum for filing the appeal against the order of the revenue authorities or revenue forum. Schedule-I of the National Green Tribunal Act, 2010, does not provide for filing the appeal against the order of the Tehsildar.
32. On the basis of above, our conclusions are as follows:-
1) The matter in issue in the present Original Application is enforcement of Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974, and Wetlands (Conservation and Management) Rules, 2017.
2) Issues raised are removal of encroachment from the water body which has been notified as wetland and to ensure that there shall not be any discharge of untreated water/sewage water into the water body.
3) The matter before this Tribunal can be raised within the subject as mentioned in Schedule-I of the National Green Tribunal Act, 2010.
4) Right, title and interest of any person or any property in case of any grievance or dispute, may be raised before competent forum, revenue court or civil court.
5) The matter in issue in present application with regard to Bhoj Wetland and this Tribunal has directed the revenue authority for its identification and demarcation and the Revenue Authority/State Govt./District Administration has constituted a High Level Committee consisting all experts of the departments with the great exercise by the modern technology and its use identified Bhoj Wetland and demarcated it and now they are being protecting it.23
I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.
6) Orders passed by the revenue authorities are within their territorial jurisdiction and anyone aggrieved by the order of the revenue authority may approach before the appropriate forum by way of appeal or revision. The matter of identification, demarcation and removal of encroachment have been raised before the revenue authorities which was heard and decided. The matter was again agitated before the Hon'ble High Court where the reliefs sought have not been granted.
7) The aggrieved persons have filed the Appeal/Civil Appeal before the Hon'ble Supreme Court which has been dismissed. The Applicant has already exhausted the remedy by approaching to the appropriate forum including the Waqf Tribunal as narrated in the application and order-sheet and matter was agitated before the Hon'ble Supreme Court where the relief sought was turned down and dismissed. For the enforcement of personal laws, the aggrieved may approach to the appropriate forum. The matter of measurement and identification is within the domain of the revenue authorities and they have exercised their jurisdiction to do this according to rules which now becomes the final after agitating the matter upto the Hon'ble Supreme Court.
8) In view of the above facts, this Tribunal do not think just and proper to intervene in the matter pending before revenue authorities and thus the relief which was turned down and dismissed by the Hon'ble Supreme Court cannot be re-agitated before the forum by means of I.A. Therefore, I.A. No.89/2025 for interim stay is accordingly dismissed.
33. So far as I.A. No.88/2025 is concerned, it simply says to implead the Applicant (Intervener) for proper hearing of the case. Since Applicant wants 24 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors. to be impleaded for disposal of the case, thus he may be impleaded to put his version and participate in the hearing of the Original Application No.77/2020(CZ) on the date already fixed i.e., 16th September, 2025. The I.A. No.88/2025 stands disposed of accordingly.
Sheo Kumar Singh, JM [ Dr. A Senthil Vel, EM 24th July, 2025, (I.A. No.88/2025 & I.A. No.89/2025) In Original Application No.77/2020(CZ) (I.A. No.73/2021) AK 25 I.A. No.88/2025 & I.A. No.89/2025 Aarya Shrivastava vs. Union of India & Ors.