National Green Tribunal
Sobran Yadav vs State Of Madhya Pradesh Through Revenue ... on 11 May, 2026
Item No.03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.54/2025(CZ)
Sobran Yadav Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 11.05.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s): Ms. Diksha Chaturvedi, Adv.
For Respondent(s) : Mr. Prashant M. Harne, Adv. for State of M.P. with
Collector, Tikamgarh, M.P.
Mr. Shaurya PS Parihar, Adv. with
Mr. Siddharth S. Chauhan, Adv. for State of C.G.
Ms. Parul Bhadoria, Adv. for MPPCB & MPSWA
Ms. Meenakshi Patidar, Adv. for R-4 with
Mr. Om Pal Singh, CMO, Tikamgarh,
Ms. Shikha Singh Chouhan, Adv. for R-6
ORDER
1. Major issues raised in the present Original Application by the Applicant are the discharge of untreated water, dumping of solid waste into the wetland, illegal encroachments and unauthorized agriculture in the six wetlands of Tikamgarh. After verification by the Joint Committee constituted by the Tribunal, the allegations raised by the Applicant have been found to be correct and it has been observed by the Tribunal that in all the six wetlands i.e., Mahendra Sagar, Brandavan Talab (Jheer Ki Bagiyta), Gwal Sagar, Hanuman Sagar, Maharaj Sagar and Shell Sagar, serious violations of Wetland (Conservation & Management) Rules, 2017, have taken place.
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2. The remedial measures as recommended by the Committee are as follows:-
"Committee recommendation i. All the water bodies of the district especially which those have been mentioned in the petition should be physical demarcated the wetland boundary through pillars/Manares and also demarcates the 50 meter no construction buffer zone from the wetland boundary by district administration.
ii. List out the existing encroachments and illegal construction and remove them from within the wetland boundary and it 50 meters no construction zone.
iii. Since no Sewage Treatment Plant (STP) exists in the Tikamgarh City. Immediate action should be taken to intercept and divert existing sewage drains to prevent direct discharge into water bodies. iv. Solid waste dumping is strictly prohibited in and around the wetlands/water bodies.
v. A necessary action must be taken to enhance the retaining capacity of the water bodies by appropriate district administration. vi. An integrated management plan should be developed for the conservation and protection of these six lakes in Tikamgarh city. In particular, Shell Sagar Lake requires immediate preventive measures; otherwise, it is at risk of completely disappearing in the coming years.
vii. District Administration Tikamgarh & Municipal Council Tikamgarh (M.P.) shall ensure the compliance of Rule 4 of Wetlands (Conservation and Management) Rules, 2017."
3. The matter was taken up by this Tribunal on 23.03.2026 and observations and directions are as follows:-
"5. The perusal of report reveals that untreated wastewater is being discharged directly into the water bodies and there is no demarcation by pillars or markers and there are regular and continuous encroachments over the water bodies. Accordingly, we direct the Collector, Tikamgarh as follows:-
i. Collector, Tikamgarh is directed to constitute a committee consisting of one Senior Revenue Officer, one representative from the Wetland Authority, one representative from the Water Works and Irrigation, and one representative from the State 2 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.
Pollution Control Board to identify, demarcate and protect by means of wire and pillars/munnars with no construction zone/buffer zone from the wetland boundary and exercise must be done within a period of 30 days.
ii. The existing encroachments and illegal constructions must be removed and to ensure that there should not be any construction within the wetland boundary plus (+) 50 meters of the no construction zone.
iii. The total area as recorded in the revemie records must be identified and protected at wetland.
iv. The Collector and the Municipal Council is directed to ensure that untreated water/sewage water must not be discharged into the water bodies and necessary action must be taken for remedial measures.
v. Solid waste dumping is strictly prohibited in and around the wetland water bodies.
vi. The retaining capacity of the water bodies must be improved. vii. Rule 4 of the Wetland (Conservation and Management) Rules, 2017 must be strictly complied with especially in light of the order of the Hon'ble Supreme Court of India, passed in WP No. 304/2018 titled Anand Arya Vs Union of India & Ors. along with WP No. 230/2001 and WP No. 302 of 2020.
VIII. Newly construction raised must be immediately removed on the cost of the project proponent and action taken report be filed within four weeks."
14. Collector-Tikamgarh, being the head of the District Wetland Committee, who is duty bound to implement the Wetland Rules, 2017 in letter and spirit, is directed to ensure the demarcation of all six wetlands on site along with erection of munnars, identification of the total encroachments and eviction of these illegal encroachments as per the due procedure of law. We further direct the Collector, Tikamgarh, to submit the compliance report one week before the next date of hearing and to attend the court proceedings through Video Conferencing for proper briefing as regards progress made in this matter. The Collector is further directed to ensure that a Special Task Force is to be constituted for monitoring and effective protection of these wetlands in Tikamgarh to prevent further encroachments and illegal dumping of waste in the wetlands.
15. The Chief Municipal Officer, Tikamgarh, is directed to provide the details of total number of drains discharging untreated water, extent 3 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.
of sewage load in each drain and total quantity of untreated water discharge for all the wetlands separately. The Chief Municipal Officer is also directed to provide the details of the action plan for treatment of sewage through installation of STP with time frame and to immediately take effective measures as regards the diversion of untreated water to protect the wetlands till the construction of STP is completed."
4. It is to be noted that under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974, the head of the department will be responsible for the penal provisions, in case the remedial actions are not taken. Section 48 provides as follows:-
"Section- 48. Penalty for contravention by Government Department.-
(1) Where contravention of any provision of this Act has been committed by any Department of the Central Government or State Government, the Head of the Department shall be liable to pay the penalty equal to one month of his basic salary:
Provided that such Head of the Department shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention. (2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall be liable to pay the penalty equal to one month of his basic salary:
Provided that such officer shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention."
5. Updated report submitted by the District Magistrate concerned discloses that there are still encroachments on the wetland and some of the encroachments have been removed but the some of the encroachments have not been removed for unknown reasons. It is the duty of the Wetland Authority and the Water Resource Department to practically identify, demarcate and fix the pillars so that the public in 4 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.
general may know the limitations and boundaries of the wetland and in case the illegal encroachments are found within the boundary, immediate steps be taken for removal of the encroachments according to rules in light of the judgment of the Hon'ble Supreme Court of India quoted in the previous orders.
6. The Collector has also communicated that a letter has been issued to the Wetland Authority for site inspection and to do the survey layout so that the necessary actions may be taken. Accordingly, the State Wetland Authority is directed to take immediate steps and to report the matter with reply and action taken to the Collector within fifteen days.
7. Out of 262 wetlands/ponds, the removal of the encroachments are being taken only to 105. Respondents are directed to take necessary steps to enforce the Wetland Rules, 2017, Section 4, and the orders of the Hon'ble Supreme Court of India, and to ensure removal of encroachments, protection of the wetland/water body and ensure not to discharge untreated water into the water body.
8. The action taken report has been filed by the State PCB highlighting the following violations existing till yet:-
"a. The Ghats of the Talab were found in unhygienic condition with municipal solid waste scattered near the lake area. b. The untreated sewage earlier discharged into Mahendra Sagar Talab has been diverted to other lakes, and no sewage treatment facility/STP exists for treatment.
c. The sewage generated from nearby settlements is being passed through an unscientific temporary net system, while the DPR for establishment of an STP remains pending approval since 06.11.2024. d. Encroachments around the lakes have only been partially removed, and no effective action has been taken for complete removal despite Joint Committee recommendations.
e. The work relating to household sewage connections and the sewage treatment plant has not commenced, resulting in direct discharge of untreated sewage into the lakes.5
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f. Dense plantation work around Mahendra Sagar Talab was observed during inspection.
g. Permanent constructions existing around Mahendra Sagar Talab have not been demolished till date.
h. Water sampling conducted by the Board in Mahendra Sagar Talab and Brindavan Talab revealed the presence of fecal coliform contamination."
9. It is further communicated that show cause notice has been issued to the Chief Municipal Officer, Nagar Palika Parishad, for taking actions and to take effective remedial measures. The State Board has conducted another inspection on the 1st of May, 2026, wherein there was continued discharge of untreated sewage and illegal dumping sof the municipal solid waste in and around six lakes, namely, Mahendra Sagar, Brindavan Talab (Jheer Ki Bagiya), Gwal Sagar, Hauman Sagar, Maharaj Sagar and Shell Sagar. The inspection conducted on 01.05.2026 revealed continued environmental degradation and contamination of the lake ecosystem due to inaction and non- compliance on the part of the Nagar Palika Parishad, Tikamgarh, and upon observing continued violations, the respondent Board again issued a Show Cause Notice dated 05.05.2026 to the Chief Municipal Officer, Nagar Palika Parishad, Tikamgarh. That the Respondent Board has also undertaken assessment of Environmental Compensation against the Chief Municipal Officer, Nagar Palika Parishad, Tikamgarh for discharge of untreated polluted sewage into the aforesaid lakes in strict consonance with the guidelines issued by Central Pollution Control Board and well as the directions of the Hon'ble Supreme Court of India and the National Green Tribunal and that despite such binding directions, the Nagar Palika Parishad, Tikamgarh has failed to establish sewage treatment facilities and untreated sewage continues to be discharged into the lakes. The MPPCB, as the nodal environmental 6 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.
agency of the State, has continuously coordinated with concerned departments, monitored compliance, undertaken field inspections and initiated enforcement proceedings for protection and restoration of the lakes in question.
10. In the case of Bhopal Municipal Corporation Vs. Dr. Subhash Chandra Pandey & Ors. vide order dated 05.05.2026 in Civil Appeal No.6174 of 2023, the matter of violation of environmental norms have been seriously viewed by the Hon'ble Supreme Court. In accordance with the powers under Section 5 of the Environment (Protection) Act, 1986, the District Collectors across the country have been directed to implement the Solid Waste Management Rules, 2026, within the jurisdictional limits. and the Hon'ble Supreme Court directed as follows:-
"(i) This Earth and this Nation are what we all have in common. We are confident that a group of committed civil servants, officers, people's representatives, and foot soldiers vested with the power to administer the SWM Rules, 2026, can spread the light of preserving this planet and this Nation from man-made destruction. The statutory framework introduced under the Environment (Protection) Act, 1986, will be the change for the progress and well-being of the Indian citizens. It should be the shared commitment to leave behind a tolerable planet for future generations. Their thanks for preserving the planet will not be heard by us, but our willingness to sacrifice, work tirelessly for them, and dedicate ourselves will leave the mark of our conscience for times to come.
(ii) The District Collectors are directed to constitute and dedicate a 'Special Cell' not only to oversee the implementation, but in given circumstances, to issue directions for the stoppage of water/electricity to bulk generators of solid waste who disobey the directions or disregard the Rules. The District Collectors are directed to conduct virtual spot inspections of the dumping sites, implement the rules, and fortnightly prepare and forward the report to the designated Secretaries in the States.7
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(iii) The directions, if any, issued by the District Collectors under the delegated authority are understood as directives issued in furtherance of the orders of this Court.
(iv) The Regional Officers of the respective Pollution Control Boards shall also be included in the Special Cell directed to be set up under the supervision of the District Collector. The Regional Officers of the respective Pollution Control Boards are directed to conduct field inspections of authorised and unauthorised dump yards/sites within their jurisdictions and forward photographs to the District Collector and Local Bodies for further action and compliance. The District Collector issues directions to ensure that Solid Waste is transported, managed, and disposed of by vehicles authorised by the Local Bodies. This enables the Local Bodies not only to regulate but also to prevent unauthorised dumping along roadsides, railway tracks, lakes, foothills, etc.
(v) The District Collectors are directed to prepare a brief summary of the performance/progress of the implementation of the SWM Rules once a month and submit it to the respective secretaries. The respective secretaries, in turn, with an abstract, certifying assessment of progress and deficiency within their respective states, forward the report to the concerned Ministries, viz, (i) Secretary, MoEFCC; (ii) Secretary, Department of Drinking Water and Sanitation, Ministry of Jal Shakti; "
(vi) The first phase of monitoring by the Secretaries in the Union of India and the Secretaries in the State/UTs of municipal corporations, municipalities and gram panchayats is set out as follows:-
(1) The District Collectors are directed to communicate the orders of this Court dated 19.02.2026, 29.04.2026 and 05.05.2026 (the present order) through the respective Commissioners/Executive Officers/Panchayat Secretaries, who shall, in turn, communicate the same to the elected ward members/corporators/councillors.
(2) The State Governments are directed to incentivise good performance by prioritising grants to which well-performing local authorities or local bodies are entitled. Conversely, defaulting local bodies shall attract penal consequences for non-compliance with the Rules.
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(3) The Secretary, Ministry of Panchayati Raj, and the Urban Development Secretary are directed to explore a roadmap to incorporate knowledge of and obligations under the Solid Waste Management Rules into the functioning of elected representatives as part of the representative process in local bodies.
(vii) The Secretaries, viz, (i) Secretary, MoEFCC; (ii) Secretary, Department of Drinking Water and Sanitation, Ministry of Jal Shakti;
(iii) Secretary, MoHUA; (iv) Secretary, Ministry of Panchayati Raj; and
(v) Secretary, Ministry of Rural Development, are directed to deliberate upon and explore the inclusion of contributions under Corporate Social Responsibility ("CSR") by industries for the establishment of Compressed Biogas plants or such other latest technology as may be available for converting waste into energy into the extant scheme and the modalities for availing the funds. Such contributions shall, to the requisite extent, compensate and follow principles similar to the Polluter Pays Principle for the overall upkeep of local bodies. This is not to strictly enforce the principle of the Polluter Pays, but for the amelioration of the environment, CSR funds shall be utilised exclusively for the improvement of local bodies within whose jurisdictions the contributing industries are located. We direct that such contributions be prioritised within the schemes operated by the Union of India.
(viii) The Chief Secretaries are directed to circulate the Form IV under the SWM Rules, 2026, by 15th May, 2026; receive the filled data, collate it, and forward it to the Respective Secretaries of the Union of India for enhanced and efficient performance monitoring of the local bodies.
(ix) The Chief Secretaries are directed to identify tourist-centric beaches, tourist places, and pilgrim centres, and to put in place a special mechanism for implementing the SWM Rules, 2026, at such locations.
(x) The Chief Secretaries are directed to conduct an inventory of the implementation of the Plastic Waste Management Rules, 2016 (as amended from time to time), in their respective jurisdictions and, through the Secretary, MoEFCC, submit a report on strict compliance with the Plastic Waste Management Rules, 2016. Including handholding of Gram Panchayats for identification and registration of 9 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.
Bulk Waste Generators' activities related to EBWGR certification, Legacy waste, dumpsite remediation, etc., as applicable in rural areas. Presently, nearly 1,700 ULBS have registered on the CPCB's EPR Portal. The State must advise all ULBs, giving a timeline in a graded manner, to register on the EPR Portal.
(xi) States should plan sanitation and SWM projects by converging multiple funding sources. Especially in rural areas, States must make adequate provisions from their own resources so that Gram Panchayats can carry forward these activities.
(xii) ..............the States/UTs to review the sanctioned and available manpower in urban and rural local bodies to fill the identified vacancies in a time-bound manner and States/UTs' may also consider creating a dedicated cadre within rural local bodies, funded from their own resources, for SWM and sanitation service delivery, thereby developing the technical capacities of rural local bodies."
(xiii) Gram Panchayats are categorised by population size to assign appropriate staff, ensuring at least a full-time Panchayat Secretary and technical support in every Gram Panchayat. Over and above the State matching share under SBM-U, the State should provide necessary interventions for short-term and long-term capacity building of local bodies.
(xiv) On appreciating the compliance reports filed by the States, we notice that on the following points, the State Governments implement and file a status report to the Secretary, MoHUA and the Secretary, MoEFCC for further action at both ends:
a. Local Self Governments ("LSGs") must bring in source segregation with focus on BWGs. Door to door mapping of waste generators can be done with the Safai Supervisors challaning the non-compliant generators. The focus on BWGs needs to be complete and absolute.
b. LSGs must upgrade their collection and transportation to have completely closed vehicles for secondary transportation.
c. LSGs must use technology to map Garbage Vulnerable Points (GVPs) and ensure that there is no recurrence by using a mix of penalties and improved collection systems.10
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d. All high footfall areas must be identified by that are garbage- prone and a mix of initiatives like - Swachhata Marshals (community patrollers), strict enforcement amongst vendors, twice-a-day sweeping, and additional manpower as per seasonality requirements, declarations of no-Single-Use Plastice zone and its enforcement, e. Special Purpose Vehicle is set up only for Solid Waste Management with specialisation in the processing of all streams of waste. While primary collection and transportation of waste can be the ULBs' mandate, efficient operation of processing plants can be the SPVs' specialised domain. Even collection and transportation can be handed over to the SPV, as per well- structured KPIs.
f. ULBs must designate at least 30 percent of their total funds for effective city cleanliness and solid waste management. g. City cleanliness being a priority, States/UTs must evolve Ward cleanliness ranking which must be a criteria for providing incentives to a Ward. The Ward member/councillor/corporator will lead these activities with the help of a Ward Swachhata Committee with select members of the Ward as voluntary members.
h. The city must designate waste handling areas in all new areas of planned expansion.
i. There should be no dumping of waste or legacy dumpsites. Only rejects should be allowed to sanitary scientific landfill. The decentralised waste management sites must also be used to educate children and other citizens.
j. All wards should have a neighbourhood RRR centre (Reduce - Reuse-Recycle) Centre so that citizens can use this to donate their used materials, electronic products, clothes, books, etc. k. Each big city must tie up with industry so that the Material Recovery Facility is the pick-up point for industrial recycling, including plastics, and the city can generate Extended Producer Responsibility Certificates from the same.
(xv) The local bodies are directed to set out 'short', 'medium', and 'long-term' objectives to be accomplished by the authorities. 11 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.
11. The learned Counsel for the State PCB has raised the issue of manner of realization of Environmental Compensation.
12. We have already discussed the issues with regard to the authority of the State PCB and the rule of compensation in Appeal 16/2024(CZ) and connected matters. The above matter as raised by the learned Counsel for the State PCB will be governed by the above orders.
13. Learned Counsel for the Applicant Ms. Diksha Chaturvedi has submitted that the in light of the order of the Hon'ble Supreme Court of India quoted in the previous order, directions have been issued for identification, demarcation and protection of the wetlands and in compliance of the order, the District Magistrate/Wetland Authority, Tikamgarh, has completed the exercise and notified the wetland mentioning the ID numbers, which are on record. Accordingly, in District-Tikamgarh, there are approximately 262 such bodies out of which, action has been taken to remove the encroachments to the water body of approximately 105.
14. Submissions of the learned Counsel are that the directions were issued to implement the order of the Hon'ble Supreme Court in the States of Chhattisgarh and Rajasthan and the present matter relates to the District-Tikamgarh, Madhya Pradesh.
15. Since the matters of Rajasthan and Chhattisgarh are of other States and the directions was to implement the order of the Hon'ble Supreme Court of India, thus, those matters should be taken separately.
16. Learned Counsel for the State of Madhya Pradesh Mr. Prashant M. Harne has submitted that the action taken report has been filed by the District Magistrate, Tikamgarh. The District Magistrate, Tikamgarh, personally attended the proceedings through Video Conference and submitted that the action has been initiated to remove the 12 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.
encroachments and in some of the matters proceedings are pending before the higher courts and except those cases, actions for removal of encroachments are being taken. He has further highlighted that the discharge of untreated water in the District-Tikamgarh as reported by the authorities, are approximately 9.1 MLD and for treatment of the untreated sewage water, the construction of three STPs have been considered and an amount of approximately Rs.32 crores has been allotted as per resolution of the committee. It is further informed that the land has also been allotted for the same purpose.
17. Learned Counsel for the State PCB Ms. Parul Bhadoria has submitted that the action taken report and the personal affidavit of the Member Secretary, State PCB have been filed, which are on record.
18. The Respondents are directed to submit the compliance report and take remedial measures in light of the report submitted by the State PCB.
19. Action taken report by the Nagar Nigam, Tikamgarh, has also been filed, which is on record. The Chief Executive Officer, Nagar Nigam Tikamgarh, also attended the proceedings through Video Conference and has submitted the details of the actions taken by the Nagar Nigam.
20. The Chief Executive Officer/Chief Municipal Officer, Nagar Nigam Tikamgarh, is directed to ensure that there shall not be any discharge of untreated water in accordance with the law laid down by the Hon'ble Supreme Court in the matter of Parvayavan Suraksha Samiti and in case of failure to comply the order, the environmental damage/environmental compensation will be governed w.e.f. 1st of April, 2020, in light of the order passed by the Tribunal in O.A. No.606 of 2018.
21. Further action taken reports by the District Magistrate, Tikamgarh, and the Nagar Nigam, Tikamgarh, be filed within four weeks. 13 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.
List it on 07th August, 2026.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 11th May, 2026, Original Application No.54/2025(CZ) AK 14 O.A. No.54/2025(CZ) Sobran Yadav Vs. State of Madhya Pradesh & Ors.