National Green Tribunal
Khatlapura Mandir Samiti vs Wetland Authority on 17 July, 2025
Item No.04
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 208/2024(CZ)
Khatlapura Mandir Samiti Applicant (s)
Vs.
M.P. Wetland Authority & Ors. Respondent(s)
Date of Hearing: 17.07.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant (s): Mr. Sambhav Sogani, Adv.
For Respondent(s) : Mr. Prashant M. Harne, Adv.
Mr. Gaurvanit Jain, Adv.
Ms Disha Chouksey, Adv. for
Ms. Gunjan Chowksey, Adv.
Mr. Piyush Nair, Adv.
ORDER
1. Issue raised in this application is construction carried out by the Respondent no. 4 Shri Manoj Diwedi, in the restricted area of Bhoj land in contravention (Conversion and Management) Rules, 2017, and various orders passed by this Tribunal to remove the encroachments from the water bodies and wetland. It is further submitted that the area has been restricted by the Municipal Corporation Bhopal by creating a boundary wall so that this may be protected from the illegal encroachments or throwing the solid waste in the area.
2. Matter was taken up by this Tribunal and the Committee was constituted to submit the factual and action taken report and further notices were issued to the respondents to submit the reply. The members of the Committee 1 O.A. No.208/2024(CZ) Khatlapura Mandir Samiti vs. M.P. Wetland Authority Ors. visited the site and submitted the report. Reply on behalf of the respondents are on record.
3. Heard the learned counsel for the parties and perused the records.
4. Brief submissions of the learned counsel for the applicant are that respondent no.4 claims himself to be the Sevak of the mandir and trying to construct a Samadhi and carrying out pooja. Member of the Committee visited the site and submitted the report as follows:-
"FIELD OBSERVATION:
Joint committee conducted a site visit of Khatlapura Mandir situated in Jahangirabad, Tehsil-Huzur, District-Bhopal on dated 21/10/2024. During site visit, apart from the Joint Committee members following officials, Ms. Prakamya Tiwari, AE, RO, MPPCB, Bhopal, Adv. Shri Shivam Dwivedi, RO, MPPCB, Bhopalwerealso present during inspection. The Photographs and Google Maps are enclosed as Annexure- I. The Geographical locations, photographs and visual observations were recorded during inspection and the observations are as under: -
2.1. As per the geographical details (Latitude-Longitude) given in the petition the site is located within the premises of Khatlapura Mandir, Jahangirabad, Tehsil-Huzur,District-Bhopal, Madhya Pradesh.
2.2. The Khatlapura Mandir is an old temple and constructed on the East side periphery of the lower lake. The geographical locations of the Mandir is 23° 15' 1.1736'' N and longitude 77° 24' 37.3428'' E. 2.3. The open area of the Mandir is having pacca floor covered by pebble blocks and the Mandir premises is surrounded by brick masonry wall with metallic fencing on it. 2.4. There are 04 Mandirs present within the above premises having pacca structure. There is a Hanuman Temple in the middle of the premises. The temple premises are filled by greenery having big trees and plants.
2.5. Two Samadhis are located on the East side of the Mandir premises. The geographical location of the site is latitude 23° 15' 0.9036'' N and longitude 77° 24' 38.6532'' E. 2 O.A. No.208/2024(CZ) Khatlapura Mandir Samiti vs. M.P. Wetland Authority Ors.
2.6. The Samadhis are surrounded by iron fencing from two sides and other two sides are surrounded by existing buildings. 2.7. As per the headstones found installed on the Samadhis, the first Samadhi having concrete pedestal of approximately 4ftX4ft and 1ft height and showing the date 06.12.1988 on headstones. The second Samadhi having concrete pedestal of approximately 5ftX4ft having 1.5ft height was showing the date 10.08.2024 on headstones.
2.8. The second Samadhi seems newly constructed but no roof of temporary or permanent nature found constructed over the Samadhis.
2.9. No construction material was found stored near the said area during the time of inspection and no construction activity was found in operation.
2.10. Using the Google Earth Pro computer application, the minimum distance from the north face of the Samadhis mentioned in the petition to the nearest boundary of Lower lake is coming out to be approximately 20 Meters.
ACTION TAKEN 3.1. As per the information provided by the District Administration, a case was registered with case no 56/B-
121/2024-2025 Dated 12/08/2024 regarding above construction. In this regard a letter was issued vide letter no 2416/Reader/2024 Bhopal Dated 16/08/2024 and 2426/Reader/2024 dated 16.08.2024 to Thana Jhangirabad, Bhopal to stop the construction and restrain the peace in the area"
5. The submissions of the State Wetland Authority are that the Madhya Pradesh State Wetland Authority was constituted as per Rule 5 (1) of Wetland (Conservation & Management Rules) 2017 vide letter dated 02.01.2018. It is stated that the Madhya Pradesh State Wetland Authority's powers & functions are provided under Rule 5(4) of Wetland (conservation & Management) Rules 2017 and functions under the Rules. It is further stated that the State Wetland Authority strategizes conservation and wise use of wetlands within their jurisdiction by incorporating sustainable uses as being compatible with conservation & ensuring ecological values are 3 O.A. No.208/2024(CZ) Khatlapura Mandir Samiti vs. M.P. Wetland Authority Ors. maintained or enhanced. It also recommends promotional activities which ensures maintenance of ecological character, and it is further submitted that the Joint Committee has visited the site and found that the District Administration has taken cognizance of the matter and a case has been registered which is pending before the competent authority.
6. The submission and argument as advanced by the learned counsel for the respondent no.4 are that no construction activity whatsoever has been carried out by the Respondent, and the allegations of encroachment and illegal possession are completely false and malicious. The applicant's intention appears to harm the religious sentiments associated with the Khatlapura Mandir and the members of "Udasin Sampradaya". Moreover, the applicant in the garb of the samadhi is also malfidely implying that that the mandir premises which has already been in existence since more than 60 years and also utilized by mahants for years; as an illegal construction. It is further submitted that no construction activity has been initiated or found in the Joint Committee Report and further that the existence of the said construction is more than 60 years before the commencement of the rules and the same has been a place of residence for the both Sevak Sadhu Mahant of the Mandir. The continuation of these activities is directly linked to right to their livelihood which is protected under Article 21 of the Constitution.
7. It is further argued that the Hon'ble Supreme Court has consistently held that the right to livelihood is an essential facet of the right to life under Article 21. In Olga Tellis v. Bombay Municipal Corporation (1985 AIR 180), the Court recognized that the right to livelihood is inseparable from the right to life and cannot be taken away arbitrarily. Furthermore, in K. S. Puttaswanny (Retd.) v. Union of India (2017 10 SCC 1), the Court reaffirmed that the dignity of an individual, including the ability to live a meaningful and purposeful life, is intrinsic to Article 21.Any contrary order compelling 4 O.A. No.208/2024(CZ) Khatlapura Mandir Samiti vs. M.P. Wetland Authority Ors. the Mahant and sevaks affecting their residence on the premises would not only disrupt their ability to pertorm their religious and professional duties but also amount to a violation of their constitutionally protected right to livelihood and dignity. This Hon'ble Tribunal is therefore urged to consider these fundamental rights and uphold the respondent's long-standing association with the premises.
8. It is submitted that the area of Khanugaon, which is situated in close proximity to the same wetland, hosts similar structures and activities. However, no action or allegations have been brought against those activities. The samadhi structure constructed by the respondent does not involve any significant alteration of the wetland's ecological character. The structure is a place of religious significance i.e of Udaseen Sampradaya and is not intended for continuous or commercial use. The limited activity associated with the samadhi, specifically the annual ritual of offering water, does not pose any substantial risk to the wetland ecosystem. It is also pertinent to note that only water and not even flower arc offered to the samadhi. The offering of water is also once in a year.
9. The State PCB was directed to submit the actual violation and members of the Committee visited the site and submitted the report with the facts that inspection was conducted on 18.02.2025 of the Khatlapura Mandir premises to observe any construction after the previous inspection dated 21/10/2024 within the 50 meters of Chota talab FTL. It is observed that the status quo is maintained in the premises and no new construction was found in the premises. It is stated that MPPCB issued a letter to the Sub- Divisional Officer, Bhopal, on 10.03.2025, to provide the legal status of the case filed in the SDM court. It is stated that, in reference to the letter issued by MPPCB the office of the Sub Divisional Officer provided the copy of the order dated 06.03.2025 passed by the court of Sub Divisional Magistrate, Nazul city Bhopal. It is further stated that as per SDM court order, the case 5 O.A. No.208/2024(CZ) Khatlapura Mandir Samiti vs. M.P. Wetland Authority Ors. was registered between Pappu Vilas Rao Ghadge and the officials of Shri Ram Mandir Khatlapur Committee and Manoj Kumar Dwivedi disciple of Mahanth Baba Premdas. This case involves a dispute among the above parties over acquiring the management and control of the Khatlapura Temple, Jahangirabad, Bhopal. It is stated that the Sub-Divisional Magistrate disposed of the case, stating that the same matter is filed as Civil Suit No. 892/24 and it is pending before the Civil Judge, Junior Division, Bhopal, and therefore, the court does not have jurisdiction to take further action in the matter. The Sub-Divisional Magistrate further directed the Station in-charge of Jahangirabad Police Station to take necessary action under the relevant provisions to ensure that peace and public order in the area are maintained. It is further submitted that proceedings under Section 145 CrPC (old) 1973 was initiated by the SDM, Jahangirabad, Kotwali Hanumanganj, and the concerned court vide its order dated 06.02.2025 disposed of the application as follows:-
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10. A perusal of the order reveals that the matter is pending before the court of Civil Judge, Jr. Division, Bhopal, in Civil Case No.892/24. Since the right, title and interest of the case is pending before the competent civil court, thus the matter does not come within the purview of the Schedule-I of the National Green Tribunal, Act, 2010. The right, title and interest of the person of property may be decided by the competent civil court. The parties have alternate remedy and they have approached the appropriate court.
Thus, the matter should be resolved in accordance with the decision taken by the civil court.
11. Learned counsel for the BMC has submitted that necessary documents have been called from the person concerned and an appropriate decision be taken by the Municipal Corporation after examining the records. The BMC, being a statutory authority, is competent to take a decision in accordance with rules. On the above ground also, the matter does not come within the purview of the National Grene Tribunal, Act, 2010. 9 O.A. No.208/2024(CZ) Khatlapura Mandir Samiti vs. M.P. Wetland Authority Ors.
12. The issue as raised does not touches the environmental matters and not covered under Schedule-I of the National Green Tribunal Act, 2010, thus, no action is required to be taken by this Tribunal. The applicant have to approach the appropriate forum.
13. The Original Application No.208/2024(CZ) stands disposed of accordingly.
Sheo Kumar Singh, JM [ Dr. A Senthil Vel, EM 17th July, 2025, O.A. No.208/2024(CZ) AK 10 O.A. No.208/2024(CZ) Khatlapura Mandir Samiti vs. M.P. Wetland Authority Ors.