National Green Tribunal
Jagrat Agarwal And Ors vs Ministry Of Environment Forest And ... on 25 July, 2025
Item No.01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
ORIGINAL APPLICATION NO.164/2024(CZ)
IN THE MATTER OF:
1. JAGRAT AGRAWAL,
S/o Ashok Agrawal,
Infront of Patel Park, Patel Nagar,
T.V. Tower Road, Shivpuri, Madhya Pradesh
2. ABHISHEK DUBEY,
S/o Late Shri Prem Narayan Dubey,
Shiv Colony, Shivpuri, Madhya Pradesh
3. DEVENDRA SAMADHIYA,
S/o Cheerharan Sharma,
Near Kali Mata Mandir, Jhansi Road,
Shivpuri, Madhya Pradesh
4. SAMUEL DAS,
S/o Shri John Peter Das,
City Center Colony, Behind S.P. Kothi,
Shivpuri, Madhya Pradesh
Applicant(s)
Versus
1. MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE
Through Secretary-in-charge,
Wetland Division, Indira Paryavaran
Bhawan, Jorbagh Road New Delhi Respondent No. 01
2. MADHYA PRADESH WETLAND
AUTHORITY
Through the Member Secretary,
Environmental Planning and
Coordination Organisation (EPCO),
Paryavaran Parisar, E-5, Arera
Colony, Bhopal, Madhya Pradesh Respondent No. 02
3. URBAN ADMINISTRATION &
DEVELOPMENT DEPARTMENT,
GOVT. OF MADHYA PRADESH,
Through the Secretary-in-charge Office
of the Engineering Cell, 2nd Floor,
Palika Bhawan Shivaji Nagar Bhopal,
1
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
Respondent No. 03
4. MADHYA PRADESH POLLUTION
CONTROL BOARD
E-5, Arera Colony Paryavaran Parisar,
Bhopal, Madhya Pradesh Respondent No.04
5. THE COLLECTOR AND DISTRICT
MAGISTRATE, SHIVPURI,
District Shivpuri, Madhya Pradesh Respondent No. 05
6. MUNICIPAL COUNCIL OF SHIVPURI,
Through the Chief Municipal Officer,
Shivpuri, Madhya Pradesh Respondent No. 06
7. NATIONAL PARK, SHIVPURI,
Through the Director,
Khirni Naka, Shivpuri, Madhya Pradesh
Respondent No. 07
8. MADHYA PRADESH POLLUTION
CONTROL BOARD
Through the Regional Officer,
Guna, Madhya Pradesh
Respondent No.08
COUNSELS FOR APPLICANT(S):
Mr. Abhay Jain, Adv. with Ms. Rashika Narain, Adv.
COUNSELS FOR RESPONDENT(S):
Mr. Prashant M. Harne, Adv.
Mr. Dharamvir Sharma, Adv.
Mr. Mehul Bhardwaj, Adv.
Ms. Parul Bhadoria, Adv.
Mr. Dhruv Verma, Adv.
Mr. Gaurvanit Jain, Adv.
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
2
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
Date of completion of hearing and reserving of order : 21.07.2025
Date of uploading of order on website : 25.07.2025
JUDGMENT
1. By means of filing this application, the Applicants have sought the following reliefs:-
i. Direct the responsible authorities to take necessary actions in accordance with the law for prevention, control or abatement of water pollution in the Sakhya Sagar Lake and other connecting water bodies.
ii. Direct the District Magistrate and the Chief Municipal Officer, Nagar Palika Parishad Shivpuri to immediately stop the illegal and unscientific dumping of solid waste and untreated sewage into the Jadhav Sagar Lake and the Sakhya Sagar Lake and take action for efficient removal of water hyacinth from these bodies. iii. Direct the District Magistrate and the Chief Municipal Officer, Nagar Palika Parishad Shivpuri to take immediate steps to clear waste dumped in the said area and the stream connecting the Jadhav Sagar and Sakhya Sagar Lake.
iv. Direct the District Magistrate and the Chief Municipal Officer, Nagar Palika Parishad Shivpuri to remove encroachments in the said area.
v. Direct the District Magistrate and the Chief Municipal Officer, Nagar Palika Parishad Shivpuri to ensure immediate removal of encroachments along nallahs and other water bodies. vi. Direct the authorities to immediately halt the process of concretizing the nallahs to protect the numerous eggs of Marsh Crocodiles.
vii. Impose environmental compensation on the responsible agencies for the damage caused to the Sakhya Sagar Lake and its biodiversity by unscientific dumping of waste in violation of the Solid Waste Management Rules, 2016 and the orders of this Hon'ble Tribunal.
viii. Direct cost to be imposed on any person found dumping any waste, in accordance with Section 15 of the National Green Tribunal Act, 2010 and the Polluter Pays Principle.3
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
ix. Direct departmental proceedings against the responsible agencies who have permitted the illegal dumping of waste in the Jadhav Sagar Lake and Sakhya Sagar Lake and also failed to take actions to cease the said dumping.
x. Direct the Madhya Pradesh Pollution Control Board or other competent authorities to periodically inspect the water quality of the Jadhav Sagar Lake as the water from the Lake flows into the Sakhya Sagar Lake and Madhav Lake inside Madhav National Park. It may also be further directed to take necessary steps to restore its quality to healthy levels, if required. xi. Direct responsible authorities to submit action taken and compliance reports in respect to restorative actions that are being carried out."
2. Issue raised in this application is non-compliance of Water (Prevention and Control of Pollution) Act, 1974, and discharge of untreated water into the water bodies/lake and throwing the municipal waste into the water bodies in violation of rules. In 1918, the Maharaja of Gwalior constructed three dams across the Maniyar River, forming the "Three Lakes of Shivpuri" Jadhav Sagar, Sakhya Sagar, and Madhav Lake. Sakhya Sagar Lake, recognized internationally as a Ramsar Site under the Convention on Wetlands, is situated on the outskirts of Shivpuri. Jadhav Sagar Lake, one of the district's oldest water bodies, is recognized as a wetland in accordance with the decision of the Hon'ble Supreme Court in M. K. Balakrishnan v. Union of India (2017) 7 SCC 805. This Lake, along with Sakhya Sagar, forms a wetland complex per Section 2(h) of the Wetland Conservation & Management Rules, 2017 (WLR 2017) and are protected by the same.
3. The overflow from Jadhav Sagar flows into Sakhya Sagar through a drain, contributing to the latter's significant biodiversity, which includes a variety of species including Marsh Crocodiles. Despite 4 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. the ecological importance of these water bodies, and the mandate under Rule 4(2) of the WLR 2017 to restricting "any conversion for non-wetland uses including encroachment of any kind" a recent tender worth 1.35 crore issued by the Nagar Palika for Jadhav Sagar Lake includes provisions for concretizing 500 meters of the surrounding nallahs. This construction threatens the hatching Mugger crocodile eggs and poses a severe risk to the region's biodiversity. Additionally, the water quality in Jadhav Sagar and Sakhya Sagar has been deteriorating due to unregulated human activities, municipal waste, and untreated sewage, violating the Solid Waste Management Rules, 2016. This has led to eutrophication and the proliferation of Water Hyacinth, severely impacting the ecosystem. The Madhya Pradesh Pollution Control Board issued a directive on March 15, 2023, to the Municipal Council of Shivpuri, the Mineral and Resource Department, Shivpuri, and the Forest Department, Shivpuri, outlining actions needed to mitigate ecological degradation in the green zone surrounding Sakhya Sagar and Jadhav Sagar Lakes. However, no corrective measures have been implemented to date.
4. The National Green Tribunal, Central Zone at Bhopal, in the matter of Abhay Jain v. Collector, District Shivpuri and Ors., [O.A. No. 143/2015 (CZ)] took cognizance of the issue of the water bodies in the district of Shivpuri being used as dumping sites for solid waste as well as untreated sewage. This Tribunal passed the following directions in its order dated 29.03.2016:-
"As regards the issue of dumping of municipal solid waste is concerned it has been submitted that in the city of Shivpuri the local body has already started the work of door to door collection of MSW and would ensure that no MSW is allowed to be dumped either by private individual or by employees and 5 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
agents of the municipal body in any of the water bodies or this purpose, we would direct that the municipal body would take preventive and penal action against any person found responsible for dumping any MSW into the water bodies including imposition of fine upto Rs. 5,000/- and directing the person responsible to remove the same.
We further reiterate that the municipal body shall be responsible for ensuring that no further encroachment by way of any construction is allowed to take place in the area of the water bodies and channels leading from the catchment area also remain free from any such encroachment. If any encroachment is found a survey shall be undertaken and the persons responsible be asked to remove the same within the reasonable period and municipal authority shall carry out a drive for removal of such encroachments."
5. It is further submitted that, Municipal Board has failed to take necessary steps for the cleaning of the lake and the removal of the debris and the solid waste and discharging the untreated water into the water bodies in violation of Sections 11, 12, 15 and 16 of the Solid Waste Management Rules, 2016.
6. Notices were issued to the Respondents and in compliance thereof, Respondents have filed the reply. During the course of hearing, a Joint Committee consisting; one representative from the Member Secretary, Wetland Authority, one representative from the District Magistrate, Shivpuri, and one representative from the Madhya Pradesh PCB, was constituted with direction to submit the factual and action taken report. The members of the Committee visited the site and submitted the report.
7. Heard the learned counsel for the parties and perused the records.
8. The submissions of the learned counsel for the Applicants are that the Sankhya Sagar Lake supports significant populations of 19 indigenous fish species, 9 reptilian species, 19 mammalian species and 73 species of birds. It is also home to Marsh Crocodiles (Crocodylus palustris), which is a Schedule-I reptilian species 6 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. protected under the Wildlife (Protection) Act, 1972. It also hosts several migratory birds in the winter months. It plays an important role in nutrient cycling, groundwater recharge, and regulating the micro-climate of the area. It is stated that the Sankhya Sagar Lake receives most of its water through a stream that carries excess storm water from Jadhav Sagar. The area (also called the Karbala region) between Jadhav Sagar and Sakhya Sagar is a patch of 350+ acres, covered with dry deciduous forest, of which most part is under the control of the Revenue Department, some part under the control of the Madhav National Park. This patch is connected to Madhav National Park and Scindia Chhatri, which is a heritage site. The stream that flows through this area fills up Sakhya Sagar Lake. Most part of this said area has been demarcated as a park and open space in Shivpuri Master Plan 2035, prepared by the Directorate of Town and Country Planning.
9. It is further stated that the said area (land survey no. 1230, 1237, 1238, 1240, 1413, 1414, 1415,1416, and 1417) is under the ownership of the Revenue Department and falls in Tukda No. 2 of Shivpuri Nagar Tehsil. Since a large part of this area is within 100 mts of Madhav National Park, it is also an Eco-Sensitive Zone as notified by the Ministry of Environment, Forests and Climate Change ("MOEFCC") in the notification dated 13.09.2017. It is also stated that presently most part of the Jadhav Sagar Lake, the connecting stream and the Sankhya Sagar Lake is covered with water hyacinth because of eutrophication as the entire untreated sewage is directly discharged into these water bodies along with massive amount of solid waste that comes through the Nallahs (natural drainages) into these water bodies. The problems created 7 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. by untreated sewage in water are exacerbated in the dry months when the water becomes heavily polluted as the Lake is the main source of water for wildlife during summer months. It is further stated that currently, the nallahs surrounding Jadhav Sagar Lake are home to numerous Marsh Crocodile (Mugger) eggs, which have begun to hatch. Recently, a tender worth ₹1.35 crore was issued by the Nagar Palika for Jadhav Sagar Lake. This tender also includes provisions for the concretization of 500 meters of the nallahs. This construction activity poses a severe threat to the hatching crocodile eggs and will have a significant adverse impact on the region's biodiversity. Jadhav Sagar Lake and its surrounding areas support a rich variety of species, including but not limited to the Common Tailorbird, Indian White Eye, Asian Paradise Flycatcher, Egrets, Kingfishers, and Baya Weavers. The destruction of these natural habitats will disrupt the ecological balance and threaten the survival of these species. It is stated that the water quality of the Jadhav Sagar Lake has also been deteriorating over time mainly on account of unregulated human activities around the Lake and dumping of municipal solid waste and untreated sewage into the Lake. Besides, the boundaries of the Lake and streams have been filled with debris etc. Further, certain marriage gardens are also operating on the banks of the Lake and their wastes are being dumped into it. This has severely affected the water quality of the lake. The health card of the Jadhav Sagar wetland depicts the poor water quality of the lake.
10. It is stated that the Illegal extraction of murram and boulders by which has created pits in this area. These pits are filled with the solid waste dumped by the Kachra Gaadis of the Nagar Palika 8 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. Parishad Shivpuri. Additionally, the construction of small to medium encroachments in the surrounding areas have made the situation worse where the locals have built houses and small temples. These construction activities are increasing and encroachments are only growing with time. The religious waste is disposed by locals directly into the stream at various spots near it, which eventually flows into Sakhya Sagar. For instance, idols were immersed in the area during Muharram and Ganesh Chaturthi. It is to be noted that the Madhya Pradesh Pollution Control Board issued a letter dated 15.03.2023 directing the concerned authorities namely Municipal Council of Shivpuri, Mineral and Resource Department, Shivpuri, and ForestDepartment, Shivpuri on the specific action to be taken to mitigate ecological degradation in the green zone surrounding the Sakhya Sagar Lake and the Jadhav Sagar Lake. However, no action has been taken so far.
11. The quality of the water was examined by the Wetland Authority in accordance with the parameters and the results during the year 2020-21 reported as follows:-
9
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
12. The Government of India, Ministry of Environment, Forest and Climate Change, issued Office Memorandum on 08.03.2022 vide letter No. W-4/4/2022-WTL for protection of wetlands as per Rule 4 of the Wetlands (Conservation and Management) Rules, 2017, as follows:-
"The Hon'ble Supreme Court vide Order dated 4th October, 2017 in W.P. (C) No. 230 of 2001 has inter-alia, directed that, ''We make it clear and reiterate that in terms of our order dated 8th February, 2017, 2,01,503 wetlands that have been mapped by the Union of India should continue to remain protected on the same principles as were formulated in Rule 4 of the Wetlands (Conservation and Management) Rules, 2010".
2. The same has been communicated by this Ministry to all the States and UTs in November, 2017. Hon'ble NGT has also reiterated the same in various recent cases.
3. In view of above, it is once again clarified/reiterated that the 2,01 ,503 wetlands (>2.25 ha) as per the National Wetland Inventory and Assessment (NWIA), 2011 should be protected as per Rule 4 of the Wetlands (Conservation and Management) Rules. 2017. This protection is irrespective of the applicability of/notification as per the said Rules."
10 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
13. Previously in O.A. No.143/2015 (CZ): Abhay Jain Vs. Collector, District-Shivpur & 2 Ors., vide order dated 29.03.2016, the Tribunal directed the Municipal Body for removal of encroachment and to ensure that there should not be any encroachment or any further construction within the area of the water body and channels leading from the catchment area and if any encroachment is found, a survey shall be undertaken and the Municipal Officers personally responsible for protection and removal of encroachment. It was further directed that the MPPCB to carry out periodical water sample testing and to take necessary actions according to rules.
14. The Committee as narrated above was constituted with direction to submit the report and the members of the Committee after visiting the site submitted the report as follows:-
"THE OBSERVATION OF THE COMMITTEE ALONG WITH THE COMMENTS ON THE POINT WISE ISSUE RAISED IN THE CASE:-
S. No. Brief of complaint Fact's & Observations
1. The water quality in The Jadhav Sagar Lake is situated Jadhav Sagar and in downstream of town Shivpuri & Sakhya Sagar has whole catchment of town cover the been deteriorating residential, commercial & other due to unregulated settlement. The local body has human activities, prepared the plan for laying the municipal waste, and sewer line to tap the sewage to untreated sewage. prevent from mixing in the natural stream/ Sakhya Sagar Lake.
The STP has already being constructed however sewer line & house hold connection are yet to be completed. After competition of the project the mixing of sewage in 11 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
Sakhya Sagar through natural stream/ nallah Google map is enclosed showing Sakhya Sagar, Jadhav Sagar & nallah as Annexure-04.
The committee visited the site & observed that untreated waste water is not confluence into Jadhav Sagar but found discharging into Sakhya Sagar through a drain by passing Jadhav Sagar.
The MPPCB has filed the prosecution under section 24, 25&26 of water (Prevention & control of pollution) Act 1974 against the local body. Copy of court case is enclosed as Annexure-05. The MPPCB regularly monitor the water Quality of Jadhav Sagar, Sakhya Sagar & Madhav Sagar. A comparative statement of water Quality of last 02 years enclosed for perusal.
Annexure-06.
2. Municipal board has The committee found that no solid failed to take waste is being dumped into necessary steps for Jadhav Sagar Lake & other water the cleaning of the body. Municipal solid waste is lake and the removal collected door to door & dumping of the debris and the into Barodi dumping site. Cleaning solid waste and of water body done by Municipal discharging the Council Shivpuri. There is no untreated water into dumped debris & solid waste into the water bodies. the water body found during joint This has led to committee visit. Photographs taken eutrophication and during visit of committee enclosed the proliferation of as Annexure-07.
Water Hyacinth,
Conservation of Jadhav Sagar
12
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
severely impacting Lake & prevention of mixing of
the ecosystem. sewage a separate nallah/ drain
has been made. The municipality
has also taken up cleaning drives
Jalganga mission on time to time
Photographs of mission jalganga
mission taken during cleaning
drive is enclosed as Annexure-08.
PHED has submitted the letter for
diversion of sewage through and
does not enter untreated sewage in
water bodies of Shivpuri is
enclosed as Annexure-09.
3. Regarding The committee visited the area &
encroachment of the discussed with occupier of the lake water bodies and under the forest dept. As per the channels leading information provided by forest from the catchment Department no encroachment has area. Ecological been done within eco sensitive degradation in the zone from the boundary of the green zone Madhav National Park (MNP).
surrounding Sakhya The committee observed that the Sagar and Jadhav some of the Structure like temple, Sagar Lakes. Any hutments etc were observed. The conversion of Jadhav applicant stated that these are the sagar non-wetland encroachment, However the uses including officers of forest & district encroachment of any administration inform that there is kind.
no encroachment on the forest Land. The Committee again discuss the terms of reference as per Hon'ble NGT direction were in the issue related Wetland & forest are to be address.
Copy of panchnama and Letter by Deputy Director Madhav National Park Forest Department, Shivpuri enclosed as Annexure-10.13
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
Information provided by the Nagar Palika Shivpuri regarding boulder pitching on embankment of Jadhav Sagar is under progress. A letter along with tender document received from Nagar Palika Shivpuri is enclosed as Annexure-11.
15. The MPPCB further called a report from the Madhav Rasthtriya Udyan and the Deputy Director has submitted the facts with regard to above three lakes and submitted that the said water bodies/Lakes are in existence for more than 100 years and competent authorities including the answering Respondents are taking all reasonable care of same and are sincere towards all temporary and permanent issue raised in preservation and maintenance of said water bodies. It is purely efforts of Forest Officers the Sakhya Sagar Lake is recognized as Ramsar Site of International Importance in the Year 2022. It is stated that due to sincere efforts of answering Respondents and other authorities the issue in relation to effectively counter the rising levels of pollution in various lakes at Shivpuri said lakes of M.P. have been sanctioned under the National Lake Conservation Schemes of Ministry of Environment and Forest, Government of India since 2007 and presently Public Health Engineering Department of State of M.P. working as nodal agency under said project is continuously working over a project towards diversion of sewage through pipeline and treatment of sewage to protect the network of above mentioned lakes at Shivpuri and presently as per conversation 14 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
with said department the project is almost complete and same will be in working condition within almost 4 months.
16. It is further submitted that in response to the uncontrolled growth of Water Hyacinth (naturally grown free-floating perennial aquatic plant) in the Jadhav Sagar Lake, Sakhya Sagar Lake and Madhav Lake which may irreversible damage to the flora, fauna, and sustenance of endangered species that thrive in the Sakhya Sagar Lake, the Park management and Respondents continuously putting efforts for preservation of the lake network and also for cleaning the lakes and control the growth water hyacinth in the lake. On various Environmental occasions such as world wetland day, world water day; life mission, world environment day etc. The cleaning of the lake being done with collaboration with schools, collages, NGO etc. It is stated that a project report of 30 lakh for the period of 03 years had also been submitted to Madhya Pradesh State Bio-diversity Board to eliminate the water hyacinth from Sakhya Sagar Lake. In response a first installment of Rs. 15 lakh also provided by the Madhya Pradesh State Bio-diversity Board to Director Lion Project, Madhav National Park Shivpuri. Then Given budget being used and different methods tried to remove the water hyacinth as the lake is having Crocodiles in good numbers therefore it become necessary to be involved only skilled labor and proper machinery to remove the huge quantity of naturally grown free-floating perennial aquatic plant are required for which competent authorities are taking sincere efforts. It is further stated that water hyacinth being removed manually but the growth is extremely rapid especially after Covid 19 Lockdown era as it double itself in 10-15 days of period, hence need of proper machinery for 15 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. automation of said process of removal of water hyacinth is there and hence, on 16.05.2023 Respondent No. 3 wrote a letter enclosing proposal to his superior authority wherein an amount of 1.25 Cr was asked for under CSR to purchase a weed harvesting machine but till today the said fund was not arranged.
17. It is further stated that thereafter regular meetings of various concerned Departments were also held addressing the said issue since January-2024. In continuation the officers of nodal agency EPCO the desired long term and short term solutions been discussed and implemented as a result of that the letter has been issued by Principal Secretary, Environment Dept Govt of MP, to Principal Secretary. Urban Development Govt of M.P. for provide the weed harvester machine from Indore to Shivpuri Madhav National Park Shivpuri for cleaning the lake. The process of obtaining the machine from Municipal Corporation Indore or Bhopal is under process and as soon as same was received necessary steps were taken for removal of Water hyacinth from lakes at Shivpuri. It is also stated that recently vide letter dated 18.07.2024 a fresh proposal was forwarded by respondent no. 3 to superior authority wherein a request was made to provide necessary fund for Purchase of a new weed harvester machine to remove the Water hyacinth was made with a proposal to transfer the remaining amount of 1 Cr. lying in a CSR Fund after taking the approval from donor i.e. NMDC Hyderabad. After obtaining the necessary permission/clearance Respondent no. 3 will be in a position to purchase will a New Weed Harvesting machine for Shivpuri Lakes at National Park and same work as permanent solution to the raised issue of growth of Water hyacinth. 16 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
18. It is further submitted that a survey was conducted with an NGO having expertise in bio-remediation on the stretch of 02 Km. connecting Jhadav Sagar lake to Sankhya Sagar lake and the proposed treatment proposal is under process which would be a effective solution to keep the Sakhya Sagar Lake clean. Another survey with a retd. Scientist of Weed Research Institude Jabalpur M.P. for bio treatment of water hyacinth through a bug develop by the institute which complete life cycle on water hyacinth and he proposed to be introduced the bug in Jadhav Sagar lake which is origin place of the water hyacinth. The same proposal has also been incorporated in integrated management plan of Sakhya Sagar lake being prepared.
19. In order to examine the water quality and adverse effects, a yearly water quality testing report was obtained from the competent authority/MPPCB in January-December, 2023, which showed that the water quality of the Sakhay Sagar Lake is B Category as per norms of CPCB.
20. The learned counsel for the SPCB has argued that the Sankhya Sagar Lake has been designated as a Wetland of International Importance and has been included in the list of Wetland of International Importance established by Article 2.1 of the Convention and the site number is 2483 and this survey has been conducted on 07.01.2022. The study of the Sankhya Sagar recommends following long term solutions involving the issues as follows:-
"PROPOSED LONG TERM SUSTAINABLE SOLUTIONS INVOLVES:-17
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
1) Sewage disposal through a channel to Sewage treatment plant
2) Primary treatment of water before it enters Jadhav Sagar Lake
3) Stopping all types of solid waste disposal in Sankhya Sagar, Jadhav Sagar, and Madhav Sagar lakes.
4) Biological treatment of Sankhya Sagar, Jadhav Sagar, and Madhav Sagar lakes infested by the water hyacinth through reeds like Phragmites which will control the growth of water hyacinth and provide habitat to aquatic species like mugger and aquatic birds.
5) Stream treatment in the water channel connecting Jadhav Sagar and Sankhya Sagar through Re-meandering. This stream Restoration treatment method will adopt a combination of microbes, sunlight, and oxygen manipulation which is found in stable streams. The main advantage of natural treatment is that it is environmentally friendly and uses natural processes to purify water. Restoration used natural materials like rock, logs, and native plants to restore the stream channel before it enters the Sankhya Sagar Lake.
6) Conservation Consciousness in the local community, for the entire plan of lake rejuvenation throughout the work through meeting and group discussions and through other creative mediums like nukkad nataks, display boards etc.
7) Participation of local community in the lake rejuvenation work, like making local active volunteers' group to ensure the sustainability of the work."
Criticality of the proposed solution Active participation of all the stakeholders is required for the sustainable solution like -
Local municipal body/ bodies
Wetland authorities
Forest department
Local community
Any other local body having authority over lakes
associated.
Expected Outcomes
18
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
Growth of natural native reeds in the lakes which will control the growth of water hyacinth naturally. Revived and rejuvenated lakes with restored biodiversity in the long term Active local community involved in the lake conservation Disposal of treated sewage in the downstream area with no harmful ecological effects on lake.
B. Long Term sustainable Solutions:
1) Treatment through bio- bug:- A natural bio bug which is already developed and tested by Central Weed Research Institute, Jabalpur MP proposed to be introduced at the source of Water hyacinth at Jadhav Sagar Lake which is situated in revenue area and connected with Sankhya Shar Lake through a canal of 2.0 km length.
1. Proposed Long term Sustainable Solutions involves:-
1) Introduction and incubation of the Bug in sufficient quantity at Jatdhav Sagar.
2) According to the previous study 25000 bugs have been found sufficient in the infested area of 01 hectare.
3) Bugs multiply and feed on stem of the water hyacinth and retard its growth.
4) The bugs do not have other host therefore it grows only on water hyacinth.
5) It is also found over long study that the bugs also not affected the other vegetation and living creatures except the water hyacinth.
6) Conservation Consciousness in the local community, for the entire plan of lake rejuvenation throughout the work through meeting and group discussions and through other creative mediums like nukkad nataks, display boards etc. Project Timeline-4 Years & active restoration-2 Years"
21. The Wetland (Conservation and Management) Rules 2017 ("WLR"), framed under the Environment (Protection) Act, 1986, and the Guidelines for Implementing Wetlands (Conservation and Management) Rules, 2017, ("Wetland Guidelines") framed by the Ministry of Environment, Forest and Climate Change ("MOEFCC") 19 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. provide a framework for the protection and management of the wetlands in India. Rule 3, WLR provides for the application of WLR to the following categories of wetlands - firstly, wetlands of international importance under the Ramsar Convention; secondly, wetlands notified by Central, State and Union Territory governments. The proviso to Rule 3, WLR provides that the same shall not apply to wetlands which fall in areas covered under the Indian Forest Act, 1927, the Wild Life (Protection) Act, 1972, the Forest (Conservation) Act, 1980, the State Forest Acts, and the Coastal Regulation Zone Notification, 2011, and their amendments respectively. The Guidelines for Implementing Wetlands (Conservation and Management) Rules, 2017 ("Wetland Guidelines") framed by the Ministry of Environment, Forest and Climate Change ("MOEFCC") clarify that Ramsar Wetlands can be notified under the WLR even when it partly or wholly overlaps with areas protected under the legislations mentioned in the proviso to Rule 3, WLR. Parts of the Ramsar Wetland which overlap with those protected areas will be regulated under their respective legislation, and those areas not covered by such legislations will be regulated under the WLR. Further, Illustration 2 of Wetland Guidelines clarify that even those water bodies which do not fall under the definition of a 'wetland' under WLR can be protected under the same if they form a part of a larger wetland or wetland complex:-
"Illustration 2: Considering river stretch and human-made wetlands for notification. In situations when the entire wetland, to be notified, is a river stretch [indicated as (a)], paddy fields [indicated as (b)], human made wetland water bodies for irrigation [indicated as (c)], and human-made water bodies 20 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
created for aquaculture purposes [indicated as (d)], these may not be notified under the Wetlands Rules. However, in cases as in (e), wherein river channels, paddy fields, and human-made wetlands such as aquaculture areas form a part of a larger wetland or wetland complex, and excluding such area may fragment the wetland regime, the area to be notified may include river channels, paddy fields or any other humanmade wetland."
22. 'Wetland Complexes' is defined under Rule 2(h), WLR which reads as follows:-
"(h) "wetlands complexes" means two or more ecologically and hydrologically contiguous wetlands and may include their connecting channels/ducts;"
23. The Wetland Guidelines further provide that even those wetlands falling under protected areas will be managed as per 'wise use' principles enshrined in the Ramsar Convention, WLR, and Wetland Guidelines. Vide the order of the Hon'ble Supreme Court in M.K. Balakrishnan v. Union of India (2017) 7 SCC 805, the principles of WLR are applicable not only to notified wetlands, but to all wetlands inventoried in the Wetlands Atlas. The relevant portion from the order has been reproduced below:-
"23. Accordingly, we direct the application of the principles of Rule 4 of the Wetlands (Conservation and Management) Rules, 2010 to these 2,01,503 wetlands that have been mapped by the Union of India. The Union of India will identify and inventorise all these 2,01,503 wetlands with the assistance of the State Governments and will also communicate our order to the State Governments which will also bind the State Governments to the effect that these identified 2,01,503 wetlands are subject to the principles of Rule 4 of the Wetlands (Conservation and Management) Rules, 2010..."21
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
24. Furthermore, vide its order in Raja Muzzaffar Bhat v. U.T. of Jammu & Kashmir OA No. 351/ 2019, this Tribunal had held that the 'wise use' principle enshrined in Rule 4 of WLR will apply not only to the wetlands already mapped, but also to more wetlands which may be identified in the future. The relevant portions from the above order have been reproduced below:-
"17. The suggestion of the applicant is that significant wetlands need not be limited to 363 and more wetlands on examinations be added to the list from time to time for better protection by preparing appropriate action plans under the programme for protection of the significant wetlands. Further, apart from figure of 2.01 lakh wetlands already mapped, to which the Wetland Rules, 2017 are applicable even if no separate Notification in terms of 2017 Rules in view of directions of the Hon'ble Supreme Court in M.K. Balakrishnan, supra., it may be possible to identify more such wetlands. In fact, the report of the MoEF&CC itself mentions that some States have already identified larger number of wetlands than earlier mapped. In UP itself, 133484 wetlands are entered in the Revenue Records which are being protected by the State. On the same pattern, all the States/UTs need to map all available wetlands in their jurisdiction and file report with the National Wetland Authority so that National Wetland Authority can prepare an exhaustive inventory of wetlands in the country and extend protection to all such wetlands. These suggestions need to be considered by the MoEF&CC."
25. It is stated that, following the directives of the Hon'ble Supreme Court in M. K. Balakrishnan v. Union of India [(2017) 7 SCC 810(2)], the Ministry of Environment, Forest and Climate Change (MoEF&CC) through its Wetlands Division issued an Office Memorandum on 08.03.2022. This memorandum emphasized the protection of 2,01,503 wetlands (>2.25 ha) identified in the National Wetland Inventory and Assessment, 2011, under Rule 4 of 22 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. the Wetland Rules, 2017. Given that Jadhav Sagar Lake spans over an area of 10 hectares, it can be categorized as a wetland. Jadhav Sagar Lake has been proposed to be notified as wetlands under the Wetland Rules in 2021 by the Madhya Pradesh State Wetland Authority, and Rs. 111.5 crore have been invested so far in their conservation under the Government of India's National Plan for Conservation of Aquatic Ecosystems Project.
26. It is further stated that the illegal mining, dumping of garbage, untreated municipal waste and sewage, and encroachment activities carried out in and near the wetland complex is a blatant violation of Rule 4(2), WLR which reads as follows:-
"4. Restrictions of activities in wetlands -
(1) ...
(2) The following activities shall be prohibited within the wetlands, namely, -
(i) conversion for non-wetland uses including encroachment of any kind;
(ii) setting up of any industry and expansion of existing industries;
(iii) manufacture or handling or storage or disposal of construction and demolition waste covered under the Construction and Demolition Waste Management Rules, 2016;
hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms Genetically engineered organisms or cells, 1989 or the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008; electronic waste covered under the E-Waste (Management) Rules, 2016;
(iv) solid waste dumping;
(v) discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements;
(vi) any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level 23 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
observed in the past ten years calculated from the date of commencement of these rules; and,
(vii) poaching.
Provided that the Central Government may consider proposals from the State Government or Union Territory Administration for omitting any of the activities on the recommendation of the Authority."
27. Therefore, dumping of solid waste, concretization of nallahs, and encroachment activities around Sakhya Sagar and Jadhav Sagar constitute a clear violation of Rule 4(2) of the Wetland (Conservation and Management) Rules, 2017. Rule 4(1), WLR, provides that the regulation of wetlands shall be as per the 'wise use' principle, and reads as follows:-
"4. Restrictions of activities in wetlands. -- (1) The wetlands shall be conserved and managed in accordance with the principle of 'wise use' as determined by the Wetlands Authority."
28. Rule 2(i), WLR defines 'wise use' as follows:
"(i) "wise use of wetlands" means maintenance of their ecological character, achieved through implementation of ecosystem approach within the context of sustainable development;"
29. Para 38, Section VII (Wetlands wise use and ecological character), Wetland Guidelines define 'wise use' as follows:
"38. Ecosystem approach requires consideration of the complex relationship between various ecosystem elements and promotion of integrated management of land, water and living resources. Wise use, through an emphasis on sustainable development, calls for resource use patterns which can ensure that human dependence on wetlands 24 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
can be maintained not only in the present but also in the future. Seen in totality, wise use is about maintaining and enhancing wetland values and functions to ensure the maintenance of the flow of benefits from wetlands (their ecosystem services) from an inter-generational equity point of view."
30. Para 42, Section VII of the Wetland Guidelines further provides a list of activities which are not 'wise use':-
"42. A wetland use is not 'wise use' if:
a. The intervention leads to adverse changes in ecosystem components and processes, such as:
i. Reduction in water flowing into the wetlands ii. Reduction in the area under inundation, or changes in inundation regime iii. Reduction and alteration of natural shoreline iv. Fragmentation of wetlands into small patches of water v. Reduction in water holding capacity vi. Degradation of water quality vii. Reduction in diversity of native species viii. Introduction or emergence of invasive species ix. Decline in wetlands resources, such as fish, aquatic plants, and water b. The intervention enhances some ecosystem services (such as food production values) while diminishing other ecosystem services (such as the ability of wetlands to moderate wetlands regime)."
31. It is stated that the dumping of solid waste, concretization of nalaahs, and encroachment activities at Sakhya Sagar and Jadhav Sagar degrade water quality, disrupt natural shorelines, fragment the wetland, and diminish biodiversity, directly contravening 'wise use' principles.
32. Rule 15 of the SWM Rules lays down the duties and responsibilities of local authorities, i.e. Shivpuri Municipal Council which are as follows:
25
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
"15. Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations - The local authorities and Panchayats shall:
...........
(b) arrange for door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises. From multi-storage buildings, large commercial complexes, malls, housing complexes, etc., this may be collected from the entry gate or any other designated location;
............
(g) direct waste generators not to litter i.e throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, fruit peel, wrappers, etc., or burn or bury waste on streets, open public spaces, drains, waste bodies and to segregate the waste at source as prescribed under these rules and hand over the segregated waste to authorised the waste pickers or waste collectors authorised by the local body; ..........
(j) ensure safe storage and transportation of the domestic hazardous waste to the hazardous waste disposal facility or as may be directed by the State Pollution Control Board or the Pollution Control Committee;
..............
(p) collect horticulture, parks and garden waste separately and process in the parks and gardens, as far as possible;
(q) transport segregated bio-degradable waste to the processing facilities like compost plant, bio-methanation plant or any such facility. Preference shall be given for on site processing of such waste;
.............
(r) transport non-bio-degradable waste to the respective processing facility or material recovery facilities or secondary storage facility;
(s) transport construction and demolition waste as per the provisions of the Construction and Demolition Waste Management Rules, 2016;
....................
(zh) stop land filling or dumping of mixed waste soon after the timeline as specified in rule 23 for setting up and operationalisation of sanitary landfill is over;26
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
(zi) allow only the non-usable, non-recyclable, nonbiodegradable, non-combustible and non-reactive inert waste and pre-processing rejects and residues from waste processing facilities to go to sanitary landfill and the sanitary landfill sites shall meet the specifications as given in Schedule-I, however, every effort shall be made to recycle or reuse the rejects to achieve the desired objective of zero waste going to landfill;"
33. Rules 11 of the SWM Rules imposes a duty on the Secretary-in- Charge, Urban Development Department, to ensure wholesome implementation of the SWM Rules. The relevant clauses are listed below:-
"11. Duties of Secretary-in-Charge, Urban Development in the States and Union Territories ........
(d) ensure implementation of provisions of these rules by all local authorities;
(e) direct the town planning department of the State to ensure that master plan of every city in the State or Union territory provisions for setting up of solid waste processing and disposal facilities except for the cities who are members of common waste processing facility or regional sanitary landfill for a group of cities; and
(f) ensure identification and allocation of suitable land to the local bodies within one year for setting up of processing and disposal facilities for solid wastes and incorporate them in the master plans (land use plan) of the State or as the case may be, cities through metropolitan and district planning committees or town and country planning department;
(g) direct the town planning department of the State and local bodies to ensure that a separate space for segregation, storage, decentralised processing of solid waste is demarcated in the development plan for group housing or commercial, institutional or any other non-residential complex exceeding 200 dwelling or having a plot area exceeding 5,000 square meters;"
34. Under Rule 16, the State Pollution Control Board or Pollution Control Committee has a duty to ensure enforcement of SWM Rules by local authorities and review its implementation:- 27
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
"16. Duties of State Pollution Control Board or Pollution Control Committee - (1)
(a) enforce these rules in their State through local bodies in their respective jurisdiction and review implementation of these rules at least twice a year in close coordination with concerned Directorate of Municipal Administration or Secretary-in-charge of State Urban Development Department;
(b) monitor environmental standards and adherence to conditions as specified under the Schedule I and Schedule II or waste processing and disposal sites;"
35. Further, Rule 12 of SWM Rules provides that the District Magistrate or District Collector has a duty to facilitate the implementation of the rules by undertaking the following measures:-
"12-Duties of District Magistrate or District Collector
(a) facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district in close coordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules;
(b) review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and secretary-in-charge of the State Urban Development."
36. The submissions of the learned counsel for the Applicant are that the frequent infection and diseases caused due to unscientific dumping of waste and thus violates the fundamental right enshrined under Article 21 of the Constitution of India. The Constitution of India enumerates fundamental rights in Part III, among which is the right to life enshrined under Article 21. The 28 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. Supreme Court has consistently broadened the purview of Article 21 to include the right to life with dignity, personal liberty, and environmental considerations.
37. The Hon'ble Supreme Court in Municipal Council, Ratlam vs. Vardhichand (1980)4 SCC 162 and B.L. Wadhera v. Union of India and Ors. (1996) 2 SCC 594 laid down that a clean environment is a fundamental right of citizens under Article 21 and it is for the local bodies as well as the State to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded.
38. Further, the Hon'ble Supreme Court in the case of A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718 elevated the Right to a clean and healthy environment to the status of a fundamental human right under Article 21. The relevant portion of the judgment is produced below:-
"57. Environmental concerns arising in this Court under Article 32 or under Article 136 or under Article 226 in the High Courts are, in our view, of equal importance as human rights concerns. In fact, both are to be traced to Article 21 which deals with the fundamental right to life and liberty. While environmental aspects concern "life", human rights aspects concern "liberty". In our view, in the context of emerging jurisprudence relating to environmental matters, as is the case in matters relating to human rights, it is the duty of this Court to render justice by taking all aspects into consideration. With a view to ensure that there is neither danger to the environment nor to the ecology and, at the same time, ensuring sustainable development, this Court in our view, can refer scientific and technical aspects for investigation and opinion to expert bodies such as the appellate authority under the National Environmental Appellate Authority Act, 1997."
39. The Hon'ble Supreme Court in the case of M.C. Mehta v. Union of India (Kanpur Tanneries 22-9-87), (1987) had established that the 29 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. right to a healthy and clean environment is integral to the Right to Life. The relevant excerpt from the judgment is reproduced below:-
"4. .... Man is both creature and moulder of his environment which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the manmade, are essential to his well being and to the enjoyment of basic human rights -- even the right to life itself......."
40. Further, in the case of M.C. Mehta v. Kamal Nath, (2000) 6 SCC 213 the Apex Court had recognized that Article 48- A and Article 51-A(g) should be construed within the ambit of Article 21. The relevant excerpt from the judgment is provided below:-
"8. Apart from the above statutes and the rules made thereunder, Article 48-A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. One of the fundamental duties of every citizen as set out in Article 51-A(g) is to protect and improve the natural environment, including forests, lakes, rivers and wildlife and to have compassion for living creatures. These two articles have to be considered in the light of Article 21 of the Constitution which provides that no person shall be deprived of his life and liberty except in accordance with the procedure established by law. Any disturbance of the basic environment elements, namely air, water and soil, which are necessary for "life", would be hazardous to "life" within the meaning of Article 21 of the Constitution."
41. It is further argued by the learned counsel for the Applicant that Hon'ble Supreme Court in Virender Gaur v. State of Haryana, (1995) 2 SCC 577, considered the enjoyment of live and attainment of human dignity encompassing the protection and preservation of 30 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. the environment, ecological equilibrium, devoid of air and water pollution, and sanitation, without which life cannot be enjoyed. Relevant excerpts from the aforementioned judgment is as follows:-
"7. Article 48-A in Part IV (Directive Principles) brought by the Constitution 42nd Amendment Act, 1976, enjoins that "the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country". Article 47 further imposes the duty on the State to improve public health as its primary duty. Article 51-A(g) imposes "a fundamental duty" on every citizen of India to "protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures". The word 'environment' is of broad spectrum which brings within its ambit "hygienic atmosphere and ecological balance". It is, therefore, not only the duty of the State but also the duty of every citizen to maintain hygienic environment. The State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment. Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. Any contra acts or actions would cause environmental pollution. Environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 21. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection, therefore, has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. Therefore, there is a constitutional imperative on the State Government and the municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment."31
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
42. The issues of solid as well as liquid waste management are being monitored by this Tribunal as per orders of the Hon'ble Supreme Court order dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel vs. Union of India & Ors., with regard to solid waste management and order dated 22.02.2017 in W.P. No. 375/2012, reported in (2017) 5 SCC 326, Paryavaran Suraksha vs. Union of India, with regard to liquid waste management. Other related issues include pollution of 351 river stretches, 122 non-attainment cities in terms of air quality, 100 polluted industrial clusters, illegal sand mining etc. have also been dealt with earlier but currently proceedings are confined to two issues of solid waste and sewage management. Similarly, the issue of liquid waste management, vide judgment of the Hon'ble Supreme Court in Paryavaran Suraksha (2017) 5 SCC 326, the Hon'ble Supreme Court fixed deadline for setting up of treatment plants within three years which was to be monitored by this Tribunal. During the course of hearing in various matters of all the States and District Headquarters, it was found by various orders that large scale non-compliance of environmental norms was continuing which was reportedly resulting in deaths and diseases and irreversible damage to the environment. Directions for remedial action were issued which include constitution of a four member special task force in every district having - one each nominated by District Magistrate, Superintendent of Police, State Pollution Control Boards and District Legal Services Authority (DSLAs) for awareness about SWM Rules, 2016 by involving educational, religious and social organizations including local Eco-clubs. Involvement of DLSAs was subject to the approval of the National Legal Services Authority 32 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. (NALSA) which is the apex body under the Legal Services Authorities Act, 1987. It was observed that Information, Education and Communication (IEC) programmes can go a long way for protection of the environment. Such program can be successful if network of Legal Services Authorities and Educational Institutions at every level is involved.
43. Vide order dated 28.02.2020 dealing the matter of the solid waste and liquid waste, this Tribunal in the above noted case directed the States as follows:-
a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, interim compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs.1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies.
Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today. CPCB 33 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. may prepare a template and issue an appropriate direction to the State PCBs/PCCs for undertaking such an assessment in the light thereof within one month.
b. Legacy waste remediation was to 'commence' from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 28 even though statutory timeline for 'completing' the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places and delay in clearing legacy waste is causing huge damage to environment in monetary terms as noted in para 33 above, pending assessment and recovery of such damage by the concerned State PCB within four months from today, continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today.
c. Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially w.r.t. plastic waste, bio-medical waste, construction and demolition waste which are linked with solid waste 34 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
treatment and disposal. Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas viz. hazardous waste, e- waste, polluted industrial clusters, reuse of treated water, performance of CETPs/ETPs, groundwater extraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sand mining.
d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/In-charge Department to take action for treatment of sewage in terms of observations in Para 36 above will result in liability to pay compensation as already noted above which are reproduced for ready reference:
i. Interim measures for phytoremediation/ bioremediation etc. in respect of 100% sewage to reduce the pollution load on recipient water bodies
- 31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per drain by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020.
ii. Commencement of setting up of STPs -
31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f.
01.04.2020.
iii. Commissioning of STPs -
31.03.2021. Compensation is payable for failure to do so at the rate of Rs. 10 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f.
01.04.2021.
e. Compensation in above terms may be deposited with the CPCB for being spent on restoration of 35 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
environment which may be ensured by the Chief Secretaries' of the States/UTs.
f. An 'Environment Monitoring Cell' may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs. g. Compliance reports in respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy to CPCB."
44. Issue of liquid waste management was separately dealt with in OA 593/2017 on directions of Hon'ble Supreme Court and in suo motu proceedings for restoration of 351 identified polluted river stretches in OA 673/2018. Vide order dated 28.08.2019, the Tribunal directed that 100% sewage treatment must be ensured by all local bodies. Vide further order dated 06.12.2019 in O.A. No. 673/201810, the Tribunal directed that for failure to commence in- situ remediation, compensation will be payable at the rate of Rs. 5 lakh per month per drain after 31.03.2020 and for failure to commence setting up of STPs after 31.03.2020 compensation is to be paid at the rate of Rs. 5 lakh per month per STP. For failure to complete the project, compensation has to be paid at the rate of Rs. 10 lakh per STP per month after 31.03.2021. Relevant part of the order is quoted below:-
"47. (i) 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 atleast to the extent of in- situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the 36 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP."
45. At this stage, we may also refer the recent order of the Hon'ble Supreme Court dated 20.03.2023 in M.A. No. 356 of 2023 in Writ Petition (Civil) No. 375 of 2012, Paryavaran Suraksha Samiti vs. Union of India & Ors. on the subject of extending timeline for setting up requisite sewage treatment plants and supplementary directions. As noted earlier vide judgment dated 22.02.2017, the Hon'ble Supreme Court fixed deadline of three years for commissioning such plants which expired on 22.02.2020. After such expiry, further three years have expired and still gaps have been continued. The State of UP approached Hon'ble Supreme Court for extension of time. Thereupon, it was observed by the Hon'ble Supreme Court that apart from setting up of STPs, maintenance and performance of such STPs was also required to be duly scrutinized and monitored. The issue is of utmost concern. Untreated sewage waste discharging to rivers and drains pollutes 37 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. sources of water upon which survival of population and bio- diversity depends. Accordingly, the Hon'ble Supreme Court issued supplementary directions to that effect with the further observation that any extension of time could be considered by this Tribunal on the basis of material placed before it showing bonafide steps taken to comply with the order of the Hon'ble Supreme Court and genuine hindrances, if any. Relevant observations are quoted below:
"xxx ......................xxx...............................xxx
9. Apart from the above, the mere setting up of STPs is not enough. The maintenance of the STPS and their performance and capacity to deal with sewage which is generated is another matter which has to be duly Scrutinized and monitored. The treatment of sewage which is generated in the villages, towns and cities is a matter of utmost concern. Untreated sewage waste is discharged into rivers and naalas polluting the very sources of water upon which the survival of the population and bio diversity depends.
10. While this Court had in its judgment laid down time lines for the construction of STPS and CETPS, of equal importance is the need to ensure that:
i. The CETPs with the requisite technology
and capacity are duly commissioned;
ii. After the commissioning of the
CETPS/STPS, they continue to remain
operational;
iii. The CETPs/STPs are duly maintained and upgraded as the need may arise;
iv. There is due monitoring at the administrative level on a real time basis of the performance of the CETPS, the deficiencies which may arise in the course of functioning and work of repair and 38 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
maintenance; and
v. Entrustment to an authority which would
be accountable for the due performance
of the CETPs.
11. The above aspects are necessary to be borne in mind to supplement the directions of this Court. It is only if all other consequential steps are taken as adverted to above that the object and purpose of the order of this Court would be duly met.
12. We accordingly permit the applicant to move the National Green Tribunal with an application in that regard. The National Green Tribunal shall duly monitor compliance with the directions including the time-lines which have been spelt out in the order of this Court. It would be open to the applicant to place on the record of the Tribunal all material to indicate the bonafide steps which were taken to comply with the order of this Court and, if there were any genuine hindrances in doing so, the nature of the hindrances. The Tribunal would be at liberty in the exercise of its discretion to consider any request for a further extension of time."
13. The National Green Tribunal is authorized in terms of the present order to suitably extend time should it be satisfied that all necessary steps have been pursued with a sufficient degree of alacrity. The Tribunal shall also take stock of the issues which have been set out above in relation to due monitoring of the performance of the STPs and steps for ensuring up- gradation and maintenance. The Tribunal shall also ensure that an accountable mechanism is set up in the State of Uttar Pradesh to take stock of the performance of the STPS, providing for adequate funds for up-gradation and maintenance as required and for attending to all other administrative issues and problems."
46. The above violations which were reported by the Committee was communicated to the SPCB and direction was issued to take necessary actions. In compliance of the order, the SPCB has 39 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. submitted that the State Executive Officer has been communicated to follow the guidelines and to take remedial actions. In response to the above, it has been informed that prosecution has been initiated under Sections 24, 25, 44, 45A of the Water (Prevention and Control of Pollution) Act, 1974, before the competent court of Chief Judicial Magistrate, Shivpuri. The SPCB has further submitted that the CMO, Municipal Corporation, Shivpuri, and the Executive Engineer, PHE, Shivpuri Division, had provided their status report regarding the work undertaken to tap the sewage water to prevent from mixing in the natural stream/Sankhya Sagar Lake and the Regional Officer, SPCB has again issued a letter to the Municipal Corporation. The District Collector, Shivpuri, had conducted a review meeting and necessary arrangements for treatment of sewage generated from the domestic households has been undertaken and necessary directions have been issued to the concerned departments.
47. Learned counsel for the MoEF&CC has submitted that the State authorities had been directed to act in accordance with Rules 3 & 4 of the Wetland Rules, 2017 and that MoEF&CC provided financial assistance to the States/Union Territories under the National Wetlands Conservation Programme (NWCP) and National Lake Conservation Plan (NLCP) for conservation and management of identified wetlands (includes lakes) and urban/peri-urban lakes respectively in the country till the year 2012-13. In order to have better synergy and to avoid overlap, the NWCP and NLCP schemes have been merged into a centrally sponsored scheme namely, the 'National Plan for Conservation of Aquatic Eco-systems (NPCA)' in February, 2013. Accordingly, MoEF&CC is currently implementing 40 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. the NPCA scheme for conservation and management of wetlands in the country on cost sharing basis between Central Government and respective State/UT Governments (60:40 percentage sharing between Central Govt. and State Govt., 90:10 percentage sharing between Central Govt. and North-Eastern States and 100% Central Govt. funded for Union Territories). The detail of funds released for Sakhya Sagar Lake and current status of IMP is given below:-
S. No. Ramsar Site Funds released by Status of IMP MoEF&CC
1. Sakhya Sagar Total amount released since IMP is awaited Lake 2005-2010 for various from the annual plans of operation Government of under NWCP/NLCP/NPCA Madhya scheme is Rs.0.91 Crores Pradesh.
(central share).
48. It is further argued that the above amount has been allotted to the Sakhya Saga Lake Authority for proper treatment and maintenance. It is further the local wetland authority to utilize it subject to necessary audit of utilization.
49. It is stated that the National Plan for Conservation of Aquatic Ecosystems (NPCA) was conducted and issued by the Wetland Division, Ministry of Environment, Forest & Climate Change, Government of India, in February, 20204. The relevant parts are quoted below:-
"In February 2013, considering the need for a common approach to the conservation and management of wetlands and urban and peri- urban lakes, the Union Cabinet decided to merge the two schemes into a unified scheme entitled 'National Plan for Conservation of Aquatic Ecosystems' (NPCA) to enable the application of uniform 41 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. policy and guidelines and promote an integrated and multi- disciplinary approach with a common regulatory framework. The conservation and wise use of wetlands figure significantly in various policy commitments. The National Environment Policy of 2006 identifies wetlands as components of 'freshwater resources' and recommends integration in developmental planning, management based on prudent use strategies, promotion of ecotourism and implementation of a regulatory framework. Wetlands also figure significantly in 3 of the 12 National Biodiversity Targets, framed by the MoEFCC in line with the Convention on Biological Diversity's Strategic Plan 2011-2020. Wetlands have direct reference in Target 3 (Strategies for reducing rate of degradation, fragmentation and loss of natural habitats are finalized and actions put in place by 2020), Target 6 (ecologically representative areas on land and in inland waters, as well as coastal and marine zones, especially those of particular importance for species, biodiversity and ecosystem services, are conserved effectively and equitably), and Target 8 (by 2020, ecosystem services, especially those related to water, human health and livelihoods and well-being are enumerated and measures to safeguard them are identified). These targets will guide investment and resource allocation for biodiversity conservation at the national level, and therefore bear high significance for wetlands. The National Water Policy (2012) recommends adoption of a basin approach for water resources management, and identifies conservation of river corridors, water bodies and associated ecosystems as an important action area.
Ministry of Environment, Forest and Climate Change (MoEFCC), the nodal ministry of the Government of India for matters related to wetlands, has been supporting State/UT Governments for conservation and integrated management of wetlands through various schemes and initiatives. The National Plan for Conservation of Aquatic Ecosystems (NPCA), in implementation since 2013, is the Ministry's flagship scheme for wetlands and has an aim of 'mainstreaming the full range of wetland ecosystem services and biodiversity values in development plans and programmes at all levels'.
Financial support to the State / UT Governments for implementing an Integrated Management Plan (IMP) is provided under NPCA. Since 2020, funding under the scheme has been exclusively on the basis of IMP, as against the previous practice of considering the 42 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
Annual Plan of Operations (APO). This is to ensure that the implementation of IMP is linked with a comprehensive and long-term plan and vision.
The NPCA recommends that the management of wetlands is guided by an Integrated Management Plan. An IMP reflects a common understanding between various stakeholders on the management purpose, significant threats and constraints limiting conservation and wise use, opportunities and specific actions for addressing these threats, and mainstreaming wetlands within the wider developmental planning.
The integrated management plan is formulated to serve the following purposes:
Identify the objectives of wetland management Identify the factors that affect or may affect the wetland Resolve conflicts between various stakeholders having an interest in the wetland Define monitoring requirements and research needs Help obtain financial resources for managing the wetland Enable communication between different wetland managers, organisations and stakeholders Ensure compliance with extant laws and regulation Demonstrate that management is effective and efficient The Government of India launched the Amrit Dharohar implementation strategy on June 5, 2023, with the goal of promoting the unique conservation values of Ramsar Sites. Amrit Dharohar operates within the broader framework of NPCA and is structured around the four components: a) Species and habitat conservation, b) Nature tourism, c) Wetland livelihoods, and d) Wetland carbon. ................x.................x.....................x..............x................ It is estimated that India has 15.98 million ha area under wetlands, roughly equal to 4.86% of its land area, as per the National Wetlands Atlas, 2021 published by Space Applications Centre, Ahmedabad. Of this, inland wetlands constitute 74.1% (11.85 million ha).
3.2 Importance of Wetlands: Ecosystem Services and Biodiversity Wetlands are lifelines of the society. They provide vital support to human well-being through their wide-ranging ecosystem services and biodiversity values. As these ecosystems degrade or are adversely altered, the water cycle, and the interlinked carbon and nutrient 43 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
cycles are also adversely altered, leading to water, food and climate insecurity, and loss of biodiversity. Some of the major ecosystem services provided by wetlands are:
• Water storage;
• Support livelihoods by providing food, water and fiber; • Regulation of water regimes and stream flows; • Ground water recharge;
• Water purification;
• Nutrient recycling;
• Buffer shorelines from erosion;
• Buffer communities against floods, droughts, cyclones and wave surges;
• Support a variety of life forms through extensive food webs; • Habitat to diverse flora and fauna, including resident and migratory species;
• Habitat for migratory species such as waterbirds and fish; • Provide recreational opportunities;
• Integral part of cultural identities;
• Enhance landscape aesthetics; and, • Stabilize local climate.
The ability of a wetland to provide the aforementioned ecosystem services and support biodiversity is dependent on local conditions, geomorphic settings and linked livelihood systems.
3.3 Major Threats and Impacts Wetlands are subject to a number of threats emanating from anthropogenic and nonanthropogenic drivers and pressures. Some of the major threats to these ecosystems are:
• Fragmentation of hydrological regime; • Siltation;
• Pollution;
• Encroachment and land reclamation; • Species invasion including alien species; • Unregulated recreation and tourism; • Over-harvesting of resources; and, • Climate change.
Degradation of wetlands affects biodiversity and human well-being in a number of ways, as is evident from following examples: • Changes in water regimes of Loktak Lake, a floodplain wetland complex of Manipur River, in order to withdraw water for hydropower 44 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
generation has led to enhanced peripheral flooding, near complete decimation of migratory fisheries and rapid degradation of habitat of globally endangered ungulate species - Brow Antlered Deer (Rucervus eldii) or Sangai for which the wetland is the only known natural habitat.
• Conversion of marshes associated with Wular Lake for agriculture and afforestation has reduced the capacity of the wetland system to regulate the flow regime leading to increased floods and droughts. • Enhancement of permanent agriculture has adversely affected the livelihoods of over 15,000 fishermen living around Kanwar Jheel in North Bihar. Agriculture in turn has been impacted by lowering of ground water levels and flooding attributed to the shrinkage in wetland area.
• Reclamation of urban lakes in Bangalore and Chennai is one of the major factors leading to increased urban flooding. • Agriculture in the backwaters of VembanadKol has often created distress to the farmers and also caused irreversible changes to the wetland habitat.
3.4 Management Gaps and Challenges Following gaps and challenges have limited effectiveness of interventions made for conservation and management of wetlands:
3.4.1 Sectoral Approaches The full range of wetland ecosystem services and biological diversity values are rarely integrated in sectoral developmental plans, impeding their ecological and hydrological functioning and leading to stakeholder conflicts. In most States, wetlands are not recognized as a unique land use category and these are often clubbed with 'wastelands' meant to be used for alternate developmental purposes. Sectoral approach also results due to multiple departments pursuing different objectives (for example, water resources department aiming at enhancing water holding capacity, fisheries department at enhancing fish production, tourism department at developing tourist potential) with disparate outcomes related to wetlands, and often working for cross-purposes.
3.4.6 Impact of Climate Change The sea level rise is expected to adversely affect the coastal wetlands; some of them might disappear; several others would experience changes to their morphology, water balance, salinity levels and biodiversity. The mudflats and coral reefs could be considerably affected by sea level rise. The high altitude wetlands would suffer 45 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
due to problems associated with the reduction in the thickness and area of glaciers. The variation in precipitation pattern would have its impact on wetland ecosystems and their wise use. Therefore, there is a need to plan for the future considering the climate change and its impact on wetlands.
The NPCA is designed to address the aforementioned gaps through focus on integrated wetland management in relation to their drainage basins, strengthening institutional arrangements and governance mechanisms, enhancing capacity and improving knowledge base and developing decision support system.
...............x..................x..........................x............................. 3.5 The need for integrated management Wetlands are one of the most embedded and interlinked ecosystems with human livelihoods and well-being. A balanced management approach addressing biodiversity conservation values while providing for sustainable utilization in a way compatible with maintenance of natural properties of the ecosystem needs to be adopted for these ecosystems. This forms the core philosophy of 'wise use', which is "maintenance of ecological character within the context of sustainable development, and achieved through implementation of ecosystem approaches." This approach builds on the critical linkages that exist between people and sustainable development of aquatic ecosystems; and encourages community engagement and transparency in negotiating trade-offs and determining equitable outcomes for conservation.
.............x......... ...........x.......................x................... 4.6.1 National Level MoEFCC is responsible for the overall coordination of NPCA. NPCA is implemented by a designated division of the Ministry. Its specific functioning includes the following: • Providing a national policy framework for conservation and sustainable management of wetlands;
• Providing financial assistance (on a costsharing basis) for the implementation of activities identified in the integrated management plans and FMP • Providing need-based advice to the State Governments / UT Administration in leveraging funds from various central government ministries and departments;
• Providing detailed guidelines and technical know-how for wetlands restoration and management;
46 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
• Funding, supporting and conducting capacity building and training programmes;
• Financing research and capacity development to support integrated management of wetlands;
• Periodic evaluation of interventions made under the programme and suggesting midcourse corrections including evaluation of management plans;
• Facilitating the development of a national inventory, and setting up an information decision support system for the management of wetlands;
• Communication and outreach on wetlands; and • Any other task assigned by Central Government.
................x........................x......................x............................. 4.6.2 State Government/UT Administration The primary responsibility for the conservation and sustainable management of wetlands shall be with the State Governments/UT Administrations. The State/ UT Wetlands Authorities constituted as per provisions of Wetlands (Conservation and Management) Rules, 2017 will be the nodal agency for all matters concerned with the implementation of NPCA. The composition and functions of the State/UT Wetlands Authority are laid down in the said Rules (Annexure IV: Wetlands (Conservation and Management) Rules, 2017).
........................x.....................x......................x........................... 4.7 Implementation Strategy NPCA envisages creating a network of wellconserved and sustainably managed wetlands which support biodiversity and provide their full range of ecosystem services on long-term basis. The implementation strategy to achieve the above is as follows:
a) Proactive engagement of State Governments and UT Administrations to ensure that a representative set of wetlands are identified for management. Emphasis shall be placed on wetlands which are located outside the protected area network, and are highly vulnerable to various anthropogenic pressures.
b) Capacity development and handholding support would be provided by the Ministry by holding regional and national capacity building programmes for strengthening the capacity of wetlands managers and stakeholders for effective management of wetlands.
c) Preserving biodiversity, fostering ecological equilibrium and ensuring the sustainability of ecosystem. Species conservation measures may include protection and conservation of endangered or 47 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
threatened wetland animal and plant species and the management and preservation of natural environment to maintain the ecological balance and biodiversity of the particular region.
d) Development of tourism infrastructure would be in strict conformity with the extant application regulations and aligned with wetland wise use so as to ensure that ecological character of the wetland is not compromised.
e) Integration of wise use ecosystem services with other livelihood capitals particularly in socio economic context of the dependent communities for sustainability of livelihood strategies as well as well- being of wetland communities.
f) Wetlands to be a major source of long-term carbon sink with healthy climate change mitigation tool.
50. The learned counsel for the State of Madhya Pradesh Mr. Prashant M. Harne, has submitted that the Public Health Engineering Department has taken action by trapping structures of the nallas to prevent the discharge of untreated water into the water body and further that Municipal Council, Shivpuri, has been directed to take necessary actions to prevent the remaining nallas which are still discharging untreated water in the Sankhya Sagar and Madhav Sagar water bodies.
51. The Executive Engineer, Department of Health, Shivpuri, has raised following issues:-
"(i) There is every possibility of discharge of untreated water/sewage water into the Lake area,
(ii) Necessary action has been initiated for trapping the nalla discharging towards the Jadhav Sagar,
(iii) Necessary actions have been taken to prevent the discharge of untreated towards the Sankhya Sagar and Madhav Sagar near the Barf Factory by means of trapping, 48 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
(iv) From Barf Factory to Sankhya Sagar and Madhav Sagar, necessary actions are required to be taken by the Municipal Council, Shivpuri,"
52. The above picture shows that the discharge of untreated water towards the Lake is still continuing, therefore, we direct as follows:-
(1) The Respondents are directed to strictly follow the guidelines of Solid Waste Management Rules, 2016, and the Water (Prevention and Control of Pollution) Act, 1974, and ensure that there shall not be any discharge of untreated water/sewage water into the Lake side and there shall not be any discharge of solid waste into the water bodies.
(2) There must be a provision of sewage disposal through a channel to Sewage Treatment Plant (STP) and there must be a primary treatment of water before it enters the Jadhav Sagar Lake and the quality of treated water must be in accordance with the parameters laid down by the Central Pollution Control Board.
(3) The Collector, Shivpuri, and the Municipal Council, Shivpuri, are directed to stop all types of solid waste disposal in Sankhya Sagar, Jadav Sagar and Madhav Sagar Lakes.
(4) There must be biological treatment infested by the water hyacinth through redes like - phragmites which will control the growth of water hyacinth and provide habitat to aquatic species and there must be stream treatment connecting Jadhav Sagar and Sankhya Sagar through remeandering. There must be participation of local community in the rejuvenation work like -49
O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors. making local active volunteer groups to ensure sustainability of the work by means of meetings and group discussions and through other creative mediums.
(5) The District Administration shall ensure strict compliance of Section 4 of the Wetland Rules, 2017, and to ensure that there will not be any encroachment on wetland.
(6) Signage and caution boards should be installed by the occupiers of the water bodies at suitable place and for protection of the water bodies, fencing shall be done by the occupiers of the water bodies.
(7) Removal of weeds in scientific manner in Jadha Sagar, Sankhya Sagar & Madhav Sagar Lakes and for weed trapped at automatic gates of the dam causing accumulation of the weeds, it is recommended to replace the automatic gates with suitable structure. Multilayer screen should be installed to trap the waste coming through Jadhav Sagar and Bioremediation and restoration of lake bed to improve the water carrying and holding capacity of lakes.
(8) Before execution of any activities in and around the lakes upto 50 meters of mean Full Tank Level (FTL), there should be consultation of State Wetland Authority for better compliance of Wetland Rules, 2017 & NGT orders. Preventive measures should be taken by the PHED Shivpuri and Nagar Palika, Shivpuri, to ensure no untreated or partially treated sewage enters the Lakes.
(9) The Collector, Shivpuri, is directed to personally monitor the completion of the STP and its connectivity and household connections and to ensure that it must be completed within a 50 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.
time frame and untreated wastewater should not be discharged into the open land or Sankhya Sagar or any other water bodies. The water body must be identified, demarcated and by means of pillar and fencing it must be protected with addition to deep plantation around the boundaries of water bodies and in case of encroachment of any nature, that must be removed immediately according to rules. The forest land or the land of the Lakes must be protected from encroachments. (10) MPPCB is directed to periodically monitor the compliances of the order Water Act, 1974 and Wetland Rules, 2017, and to take necessary remedial actions in addition to prosecution and calculation of environmental compensation and its realization according to rules.
53. With these observations, the Original Application No.164/2024(CZ) and pending I.As. stands disposed of.
Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM 25th July, 2025, O.A. No.164/2024(CZ) AK 51 O.A. No.164/2024(CZ) Jagrat Agarwal & Ors. Vs. MoEF & CC & Ors.