Madhya Pradesh High Court
Aditya Raj Pandey vs Principal Chief Conservator Of Forest on 23 July, 2025
Author: Anand Pathak
Bench: Anand Pathak
1
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: 23/07/2025
Shri Nipun Saxena-Advocate, Ms. Aadya Pandey-Advocate & Ms.
Monal Prasad-Advocate for petitioner.
Shri Ankur Mody-AAG for respondents No.1, 2, 3, 5 & 6/State.
Shri Kunal Suryavanshi-Advocate for respondent No.4.
1. 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.
2. 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 said lake.
3. 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.
4. 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.
4. 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 Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 24-07-2025 14:39:11 2 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.).. 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 Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 24-07-2025 14:39:11 3 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 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 Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 24-07-2025 14:39:11 4 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 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 Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 24-07-2025 14:39:11 5 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-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 Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 24-07-2025 14:39:11 6 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.
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.
5. From perusal of report, it appears that neither District Administration nor Forest Department nor Public Health Engineering Department nor Water Resources Department nor Municipal Council Shivpuri showed seriousness to address the problem. Excerpts of report are reproduced in the order for the reason that respondents may go through it and suggest the steps they intend to take to address the problem.
6. In view of the fact that sheer negligence is prevailing in respect of issue in question, Chief Conservator of Forests, Gwalior Division (if Shivpuri falls under that Division), Chief Engineer, Public Health Engineering Department (PHED), Gwalior Division, Chief Engineer, Water Resources Department (WRD), Gwalior Division and CMO, Municipal Council Shivpuri are directed to remain present on the next date of hearing for assistance of this Court and to elaborate their thoughts about Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 24-07-2025 14:39:11 7 tackling such issue.
7. List the case on 05/08/2025.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 24-07-2025
14:39:11