Madhya Pradesh High Court
Aditya Raj Pandey vs Principal Chief Conservator Of Forest on 5 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 WP-7100-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 7100 of 2024
(ADITYA RAJ PANDEY Vs PRINCIPAL CHIEF CONSERVATOR OF FOREST AND OTHERS )
Dated : 05-08-2025
Shri Nipun Saxena-Advocate with Ms. Aadya Pandey-Advocate for
petitioner.
Shri Ankur Mody-Additional Advocate General for respondents No.1,
2, 3, 5 & 6/State.
Shri J.D.Suryavanshi - Senior Advocate with Shri Kunal Suryavanshi -
Advocate for respondent No.4.
Shri Harish Dixit - Senior Advocate as Member of the committee constituted by this Court.
1. Shri R.L.Maurya, Chief Engineer, Public Health Engineering Department (PHED), Gwalior, Division, Shri S.K.Verma, Chief Engineer, Water Resources Department (WRD), Gwalior Division, Shri Sachin Chouhan, Assistant Engineer/Acting Chief Municipal Officer, Municipal Council, Shivpuri, Shri Vrindavan Yadav, Range Officer, Madhav Tiger Reserve, Shivpuri are present in person.
2. The instant petition preferred under Article 226 of the Constitution of India is in the nature of pro bono publico in respect of preservation of Ramsar Convention Sites.
3. As submitted by counsel for petitioner, Sakhya Sagar Lake situated at Shivpuri is in danger of extinction and/or compromised in terms of cleanliness and hygiene. He refers the menace of growing Water Hyacinth in Signature Not Verified Signed by: HCGWL Signing time: 8/6/2025 5:26:46 PM 2 WP-7100-2024 said lake.
4. This Court vide order dated 17/02/2025, constituted a committee to visit the spot and give report with suggestions for solution of the problem.
5. A committee consisting of Professor Shelendra Singh Kushwah & Professor Satya Prakash Singh Tomar of Rajmata Vijayaraje Scindia Krishi Vishwa Vidyalaya Gwalior, Shri Harish Dixit-Senior Advocate & Shri Sunil Jain, Advocate visited the spot and submitted status report on 12/03/2025.
6. The status report inter alia refers the menace of Water Hyacinth/Seaweed and it's solutions. The committee flagged the area of concern. It also discussed legal accountability of different departments. Surprisingly, Public Health Engineering Department laid sewerage line in city of Shivpuri but did not connect individual houses with the main line. Thus, rendering laying of such pipeline useless. Following excerpts of report are worth reproduction:
10. Methodology advised for Sakhya Sagar Lake 10.1 After detailed discussion with committee members, taking into account the earlier advise given by Dr. Sushil Kumar Shakya in November 2023, the detailed discussions with the forest officers looking after the work of mechanical removal, after listening experience of the persons who worked in similar situations in various other lakes and experts in the committee Dr. Shailendra Singh Kushwah and Dr. Satyaprakash Tomar with best of their knowledge, research and experience are of the definite opinion that integrated approach will be more effective in overcoming the menace of this aquatic weed in Sakhya Sagar Lake in Madhav National Park of Shivpuri. This integrated approach includes preventive, mechanical and biological interventions.
10.2 Manual Harvesting is not suggestive because of huge magnitude and larger WH invaded Crocodile prone area (248 ha approx.)..Signature Not Verified Signed by: HCGWL Signing time: 8/6/2025 5:26:46 PM
3 WP-7100-2024 10.3 Chemical control is not suggested because Crocodile, other flora fauna and dependency of wild life for drinking water as well as proximity to the city area. 10.4 Seasonal Flushing off is not suggested as it will increase the possibility of infection to other water bodies in the downstream like Madhav Sagar. 10.5 Best methodology appears to be MNB Combo (Mechanical Harvesting and Nutrient Runoff Reduction, Biological Control). Mechanical removal is the most popular method, especially for large-scale like of Sakhya Sagar and for fastest cleanups. Biological Control will further aid in removal of left overs and in reducing the propagation of WH. Reduction of nutrient runoff is not only preventive measure but it is also a corrective measure of blockading supportive ingredients.
10.6 Reduction in Nutrient Inflow- Most important corrective measure is reduction in nutrient inflow. The Committee has observed complete lack of coordination in the administrative authorities. The invasion is being considered as problem of the forest department.
11. Modalities for Realizing the Goals Outlined in the PIL After observing all the contributories for the invasion of Sakhya lake by WH the committee members opined here unequivocally for an integrated approach for its management along with the Jadhav lake and connecting channels / nallah.
11.1 District Wetland Management Committee headed by District Collector and CEO Zila Panchayat, Chief Municipal Officer, DFO, EE-PHE, EE-WRD, Regional Officer Pollution Control Board Officers of Agriculture Department, Fishery Department Town & Country Planning Department as members may ensure requisite action by appointing Officer of Forest Department as Executive Officer for conservation of the Sakhya Sagar Wetland site.
11.2 The Committee may proceed with Environment Impact Assessment by carrying out scientific tests, Consult experts and all stakeholders, prepare immediate action plan and long-term action plan, prepare a resource requirement, work out a timeline for implementation and workout a monitoring protocol. 11.3 Periodical sampling and testing for assessment of qualitative and quantitative impact study be carried out so as to provide data for strategic decisions. 11.4 Subject to and in accordance with the results of these tests and assessments, the plan for eradication of the WH as well as for maintaining the same for life long period be prepared/ reviewed time to time. 11.5 For exploring the expertise of Indian Council of Signature Not Verified Signed by: HCGWL Signing time: 8/6/2025 5:26:46 PM 4 WP-7100-2024 Agricultural Research- Directorate of Weed Research [ICAR-DWR] Jabalpur which is a premier research institute of weed management in the country for the aforesaid purpose. Madhav National Park may take up the problem of WH in Sakhya Sagar with DWR by developing a consultancy project for 4 years. 11.6 Subject to such consultancy, Integrated method of controlling WH may be adopted by employing mechanical removing, biological control and reduction of nutrient inflow.
11.7 A detailed comparison between the capacity of the harvesting machines and the actual growth rate of Water Hyacinth (WH) should be carried out using comprehensive data. Instead of deploying only one or two mechanical harvesters over an extended period, it is advisable to mobilize a larger number of machines intensively over a shorter duration. This aggressive approach would help outpace the growth rate of WH and move closer to complete eradication. Once the infestation is brought under control, one or two machines may then be retained for routine maintenance and regular harvesting.
11.8 The use of physical barriers, to corral WH and prevent its spread as well as aiding ease of physical removal may also be implemented especially in the shorter width portion near inlet stream. 11.9 Possibility of using Water Hyacinth in wastewater treatment in the nalla portion, as this itself absorbs pollutants, may be explored.
11.10 Disposal of the harvested plant in scientific manner and exploring possibility of its use in handicraft and hand-made paper etc or otherwise to ensure that harvested material does not fall back in the wetland. 11.11 Biological control method as proposed above may also be used simultaneously in integration with the mechanical removal in prescribed compartments. 11.12 Taking of all possible measures to stop inflow of sewerage from Shivpuri Township into Sakhya Sagar Lake till PHE starts the Sewerage Disposal System.
(A) Awakening of public to minimize the discharge of water into drains.
(B) Bye passing of nalla streams of the water reservoirs.
(C) Exploring and implementing ad-hoc arrangements for intercepting the sewerage water into the sewer lines laid by PHE and to divert sewage to a location where minimal environmental damage occurs (with official approval of Pollution Board) like through soaking trenches, till the PHE starts its sewer Signature Not Verified Signed by: HCGWL Signing time: 8/6/2025 5:26:46 PM 5 WP-7100-2024 lines and start STP.
11.13 State Government MoUD &E may consider constitution of a WH Removal Task Force organizing the available resources of expert consultants, officers who have experience of fighting with this demon, skilled staff, and fleet of machinery aggressively employ the same in water bodies one by one so as to overcome the rate of its growth Because it's not just a matter of one day and one pond, every water source must be preserved for humanity to survive.
12. Setting Legal Accountability in Motion The seriousness of environmental degradation at the Ramsar site of Sakhya Sagar demands not only corrective measures but also the fixing of institutional/ individual responsibility. The inaction and lapses of various departments have contributed to the worsening of both ecological and public health conditions. It is now imperative that the law be set in motion against those who have failed in their statutory obligations. 12.1 The Shivpuri Municipality is legally bound under Section 123(1) (b) of the M.P. Municipalities Act to maintain sewers and remove noxious vegetation. It must fulfill this obligation without delay, including during the interim period until the proposed Sewerage Treatment Plant is made operational by PHE. Additionally, the Municipality must act against illegal encroachments over the nalla, which are contributing to sewage blockage and environmental damage.
12.2 The State Government may review whether the Shivpuri Municipality possesses the competence and intent to discharge its legal duties--particularly the maintenance of sewers and removal of noxious vegetation, as mandated by law. If the Municipality is found deficient, the State Government may take appropriate action under the provisions of the Madhya Pradesh Municipalities Act.
12.3 The District Collector/District Magistrate may assume responsibility for the coordination and monitoring of all actions required by concerned departments. The District Administration must also ensure that a proper enquiry/ investigation is carried out into possible offences under Section 279 of the Bharatiya Nyaya Sanhita (BNS), relating to public nuisance and environmental harm.
12.4 The Forest Department may examine potential violations of the Wild Life (Protection) Act and other applicable forest laws, particularly in relation to the unauthorized diversion of water flows impacting the protected wetland and its biodiversity.
12.5 The Public Health Engineering (PHE) Department must expedite the commissioning of the under-
Signature Not Verified Signed by: HCGWL Signing time: 8/6/2025 5:26:46 PM6 WP-7100-2024 construction sewerage disposal system. It must also conduct a thorough internal review to determine the reasons behind the project's time and cost overruns, and fix accountability for mismanagement. PHE must introspect and answer a question "why after expenditure of hundreds of crores of rupees and unreasonable time of five years, the project has not benefited a single household to date on the contrary created a threat to the local wildlife?"
12.6 State Government may consider for special audit of the Sewerage Disposal Work executed by PHE to ascertain whether funds allotted have been properly utilized. It may put whole of the record of planning, execution and accounts of the sewerage disposal works done by PHE for 'social audit'.
12.7 The Water Resources Department (WRD) must actively contribute to the ecological restoration of Sakhya Sagar by managing the outflow of excess water during the monsoon and ensuring sufficient water retention post-monsoon. The automated iron gates installed at the lake must be evaluated to ensure safe water storage and free passage of Pontederia fragments (a major agent of vegetative propagation of Water Hyacinth). WRD may also consider initiating action under Section 94(f) of the M.P. Irrigation Act, 1931 for polluting and corrupting a water body under its control.
12.8 The Madhya Pradesh State Wetland Authority (MPSWA) a nodal body for coordinating among all wetland-related authorities. MPSWA and EPCO must ensure implementation of an integrated wetland management plan. Further, it may consider initiating proceedings under Section 15 of the Environment (Protection) Act, 1986 for violations of Rule 4(2)(v), particularly the discharge of untreated waste into the notified wetland, and hold the responsible parties accountable.
12.9 The Madhya Pradesh Pollution Control Board (MPPCB) must fulfill its statutory duties; which include:
(i) collecting and disseminating information on water pollution and its control,
(ii) inspecting sewage systems and treatment plants, and
(iii) issuing directives for the prevention and abatement of water pollution.
The Board may also examine violations under Section 24 of the Water (Prevention and Control of Pollution) Act, 1974--which prohibits the discharge of pollutants into streams--and take appropriate punitive action under Section 45A of the Act.
Signature Not Verified Signed by: HCGWL Signing time: 8/6/2025 5:26:46 PM7 WP-7100-2024 11.9 Following concerned public servants/authorities may be impleaded party in the present petition for effective and accurate decision in the present Public Interest Litigation:
(i) State of Madhya Pradesh. Ministry of Urban Development /Housing / Environment & Forest
(ii) M.P. Pollution Control Board.
(iii) MP. State Wetland Authority.
(iv) Executive Engineer, Water Resource Department Shivpuri.
(v) Executive Engineer, Public Health Department Shivpuri.
7. Today Shri Vrindavan Yadav, Ranger Officer informs this Court that due to communication gap, Chief Conservator of Forest, Madhav National Park Shivpuri could not mark his presence, however, he undertakes that next time Chief Conservator of Forest would appear before this Court for assistance.
8 . Shri Maurya, Chief Engineer, PHED Gwalior informs this Court that in Shivpuri, main trunk line for carrying sewage to Sewage Treatment Plant (STP) is commenced. However, domestic connection and at some places, trunk line is to be interlinked. Same is to be done by Municipal Council Shivpuri. For that, Rs.9.28 crores are required and if the State Government disburses the amount, then domestic connection to main trunk line and pipes would be interconnected to the main trunk line and this would facilitate the carrying of sewage to STP where it would be treated and processed and thereafter it may mingle with lake as referred above and that would not cause any harm to marine ecology/water body.
9 . Shri Yadav. Range Officer (Forest Department) raised an issue. According to him, because of construction of stop dam, Water Hyacinth flowing from different lakes is being blocked at such gates of dam and are Signature Not Verified Signed by: HCGWL Signing time: 8/6/2025 5:26:46 PM 8 WP-7100-2024 collected and causing problem. If gates of dam are directed to be opened, then these Water Hyacinth would flush out and go in Barai river. Stagnated water creates problem not the flowing water.
10. Shri Ankur Mody, learned Additional Advocate General undertakes that if any proposal is received by the Municipal Council, Shivpuri, then same shall be taken care of and all efforts shall be taken to remove the procedural inertia/glitches.
11. Shri Maurya Chief Engineer, PHED Gwalior informs this Court that PHED sent the proposal for Rs.9.28 crores for connecting domestic lines with main trunk line and for interconnection whatever required.
12. Shri Harish Dixit, learned Senior Advocate, who was one of the Members of the committee, which visited the site and gave its recommendations, also informs this Court that unless the sewage is treated, no effective steps would be made towards weeding out Water Hyacinth. However, he submits that thereafter permanent solution can be carried out regarding removal of Water Hyacinth and thereafter expert body can be roped-in in this regard,
13. At this stage, counsel for the petitioner referred to report of Directorate of Weed Research Jabalpur and submits that Weed Research Jabalpur would be the appropriate expert in this field because Water Hyacinth is a menace in water because of its survival instinct. Seeds of Water Hyacinth can exists for 25-30 years (around 28 years) and may create the weed again. Therefore, weevil (a type of beetle/insect) is an appropriate remedy of removal of Water Hyacinth once and for all.
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14. Considering the rival submissions and the fact that to start with domestic sewage, connection is to be aligned with main trunk line of sewage connection. Shivpuri, PHED laid down-trunk line and STP is ready. However, domestic connecting lines, which are to be laid by the Municipal Council, Shivpuri, have not yet been laid down so as to get the household refuse flown into main trunk line and ultimately at STP. Therefore, in conspectus of facts and circumstances of the case, State Government has to play an important role while disbursing the required amount to PHED/Municipal Council Shivpuri but with a condition that the said amount shall only be utilized for connecting domestic lines with main trunk line and/or extra interconnections in the city so that whole city is connected through trunk line for sewage disposal.
15. State Government is directed to look into the matter and immediately disburse the amount of Rs.9.28 crores and/or required amount to either PHED or to the Municipal Council Shivpuri through regular procedure so that work, as referred above, be carried out.
16. State Government has to reflect that the amount would protect one Ramsar site (an important and rare wetland site notified by UNESCO, certified under the Convention of Wetland).
17. List this matter on 25th August 2025 for compliance so that the matter can be progressed stepwise. Further remedial measures shall be discussed on the next date of hearing.
18. Petitioner may implead Weed Research Institute and its officers so that they may also come and assist this Court for this purpose.
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19. All the officers present today are directed to appear on the next date of hearing.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
SP
Signature Not Verified
Signed by: HCGWL
Signing time:
8/6/2025 5:26:46 PM