Madhya Pradesh High Court
Aditya Raj Pandey vs Principal Chief Conservator Of Forest on 17 February, 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 : 17-02-2025
Shri Nipun Saxena, Ms.Smriti Sharma and Ms. Aadya Pandey-
Advocates for the petitioner.
Shri Ankur Mody- Additional Advocate General for respondent
Nos.1,2,3,5 and 6/State.
Shri Amit Chauhan with Shri Kunal Suryavanshi- Advocates for respondent No.4.
1. In the present case, petitioner has raised the question regarding growing menace of Water Hyacinth (a Seaweed) into the Sakhya Sagar Lake at Shivpuri. Petitioner, by way of this petition, which is in the nature of Public Interest Litigation seeking compliance of order dated 08.02.2017 passed by the Apex Court in the case of M.K. Balakrishnan and Others Vs. Union of India (2017) 7 SCC 805 [Writ Petition (Civil) No.230/2001].
2. Learned counsel for petitioner raised the point that Sakhya Sagar Lake is one of the recognised water bodies and it is a Wetland of International Importance and a protected Wetland under the Ramsar Convention, 1971. Therefore, it is the duty of respondents to protect the said lake from growing water Hyacinth. Although certain claims have been raised by the respondents regarding cleanliness, but on ground it does not bear results. A water harvester is required to do the weeding out of such Seaweed and thereafter, some bacteria can be inserted/injected into the water, where Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 18-Feb-25 11:06:23 AM 2 WP-7100-2024 they can grow and they may flourish over the said Seaweed by consuming it. This way under water life would restore and get vitality.
3. Counsel for respondents fairly submits that suitable steps are being taken for protection of Sakhya Sagar Lake. Water harvester has been employed for this purpose.
4. At this stage, counsel for petitioner refers recent application filed in the shape of I.A. No.1885/2025 for taking additional documents on record and refers different documents filed along with the application. Those photographs, according to learned counsel for petitioner, are of Sakhya Sagar Lake and show all pervasive nature of Seaweed over Sakhya Sagar Lake. Something effective and concrete is to be done.
5. Considering the rival submissions, nature of litigation and the directions of Apex Court as referred above, it is apposite that a Committee of Court Commissioner be appointed, so that it can monitor the fact-situation on ground and would report to this Court for assistance. A Professor of Agriculture University, Rajmata Vijaya Raje Scindia, Gwalior and one Senior Advocate, Shri Harish Dixit along with Shri Sunil Jain, Advocate would constitute the Committee and the name of Professor shall be suggested by the Vice Chancellor of said University within ten days.
6. Shri Ankur Mody, Addtional Advocate General shall be the Coordinator of the Committee and would coordinate visit of the Committee Members to Sakhya Sagar Lake within next fortnight, so that Committee Members may visit the place and give on the spot the actual report about the state of affairs. The Committee may suggest modalities for reaching to the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 18-Feb-25 11:06:23 AM 3 WP-7100-2024 goal as tried to be projected in the petition.
7. Office is directed to supply a copy of this order to Shri Ankur Mody for onward transmission and seeking name from the concerned Vice Chancellor. Consent of Shri Harish Dixit, Senior Adovcate and Shri Sunil Jain, Advocate be obtained meanwhile.
List this case on 10.03.2025 .
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
*AVI*
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 18-Feb-25
11:06:23 AM