National Green Tribunal
Sou Moto Newspeaper Article Published ... vs State Of Madhya Pradesh on 4 February, 2026
Item No.06
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.49/2025(CZ)
(I.A. No.118/2025)
Rashid Noor Khan (Suo Moto) Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 04.02.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
For Applicant (s): Mr. Harshwardhan Tiwari, Adv.
For Respondent(s) : Mr. Prashant M. Harne, Adv. for State of MP
Mr. Pulkit Godha, Adv. for R-7
Ms. Disha Chouksey, Adv. for R-3
(for Ms. Gunjan Chowksey, Adv.)
Ms. Parul Bhadoria, Adv. for MPPCB
Ms. Shikha Singh Chouhan, Adv. for R-4
Mr. Rohit Sharma, Adv.
ORDER
1. The matter was taken up by this Tribunal on the basis of the paper reporting newspaper Jagran and People Sanwandata, where it has been narrated that there are unauthorised and illegal encroachments and constructions on the reservoir land shown as Kaliasote reservoir in the territorial jurisdiction of District Bhopal (Madhya Pradesh). It is alleged that in the Bhopal Master Plan of 2005, which is currently enforced the lands and forests around the Kaliasote reservoir upto 33mtrs. edge from the reservoir is to be kept open for green belt but the solid waste through means of Kopra dumper of more than 2000 dumpers are being thrown in the FTL area of wetland to make it levelling upto the surface for utilising the water body and its catchment area for the plotting and allotment in violation of 1 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors. Wetland Rules, 2017, Environmental (Protection) Act, 1986 and in violation of Water (Prevention and & Control of Pollution) 1974. It is further reported that in the village Mahua Kheda within the FTL of the wetland of the Kerwa dam in last 30 days the land is filled up and the photo of the area has also been attached with the reporting.
2. The news item was further repeated on 21.04.2025 Bhopal edition of "The Hitavada" which is as follows:
"BHOPAL'S once-pristine lakes and rivers are facing a silent crisis, their waters increasing-ly choked by neglect and pollution. Shapura Lake, a former source of beauty and recreation, now bears a grim testament to environmental degradation, its surface marred by plastic waste, rotting debris, and unsettling toxic froth.
Similarly, Kaliyasot River, vital artery for surrounding communities, has been trans-formed into a dumping ground, absorbing untreated industrial effluents and domestic sewage. As the reality of Bhopal's polluted water bodies underscores the immense challenge that lies ahead in truly reviving these critical ecosystems.
The State Government's ambitious Jal Ganga Sanvardhan Mahaabhiyan (Water Conservation Grand Campaign), a 90-day initiative aimed at reviving water bodies across the region, was inaugurated on April 30, 2025, with a pledge to address water scarcity and ecological degradation.
However, the campaign's launch has cast spotlight on the worsening condition of lakes and rivers in Bhopal, 2 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
where critical water sources like Shapura Lake and the Kaliyasot River remain choked with garbage, industrial waste, and sewage, posing severe health and environmental risks.
Jal Ganga Sanvardhan Mahaabhiyan, slated to run until June 30, 2025, focuses on desilting water bodies, restoring catchment areas, and promoting community-led conservation efforts.
Shapura Lake, once a thriving ecosystem and recreation-al hub, is now layered with plastic waste, rotting debris, and toxic froth. Similarly, the Kaliyasot River, a lifeline for nearby villages, has turned into a dumping ground for untreated industrial effluents and domestic sewage.
Local communities reliant on these water bodies for drinking water, irrigation, and live-stock face mounting health hazards. "The water smells foul, and our cattle are falling sick after drinking from the lake. Even the groundwater is contaminated," said Rajesh Verma, a farmer from a village near Shapura Lake. Health officials report a spike in skin diseases and gastrointestinal illnesses in areas adjacent to polluted sites.
"The Kaliyasot has been part of multiple cleanup pledges in the past decade, yet industries continue to dump waste illegally. The government must penalise polluters, not just focus on cleanup.
We need action, not announcements".
3
O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
3. The matter was taken up by this Tribunal on 21.04.2025 and a committee was constituted consisting the representative from the District Collector, Bhopal, one representative from the Regional Directorate, CPCB, one Senior Scientist nominated by the State Pollution Control Board, Madhya Pradesh and one representative from the Wetland Authority, Bhopal with direction to submit the factual and action taken report. The report has been filed. Notices were issued to the respondents to submit the reply. The reply has been filed. Heard the argument and perused the records.
4. The submission of the learned counsel for the State PCB Ms. Parul Bhadoria are that the Bhopal Wetland is a recognized Ramsar site, a wetland of international significance. Upper Lake is an important source of potable water to the city, spread over about 31 km2 and fulfils the need of drinking water of people of Bhopal City, numbered more than 12 lakhs. Upper Lake also has a great importance to address local climate, vegetation, ground water depletion and ground water contamination of the surrounding area. It has more than 15 kinds of fishes and several vulnerable animals like turtles, amphibians and aquatic invertebrates. More than 2500 migratory birds across the world used to come regularly to this Wetland for breeding and dispersal of seeds, leading to maintenance of biodiversity along their routes. Spill way of Upper Lake is known as 'Kaliasot dam' which is again an alternate drinking water source for the city. Water of 'Kaliasot Dam' is used for agricultural purposes i.e., irrigation of around 4,588 hectares of land. Catchment of Upper Lake is extended in 361 km2 area while water spread area is restricted to 31 km2. In Bhopal Master Plan, 2005, Clause 2.55 page 39, it is said that no recreational activities should be permitted in the water of Upper Lake since it is fundamentally used for drinking purposes and recreational activities may result adversely on the quality of water of Upper Lake.
4 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
5. Government of Madhya Pradesh issued a Notification dated 16.03.2022 which refers to Wetland (Conservation and Management) Rules, 2017 issued by Government of India, Ministry of Environment, Forest and Climate Change in exercise of powers under Section 3(1) and (2)(v) and (3) read with Sections 25 and 23 of Environment (Protection) Act, 1986. The said Notification dated 16.03.2022 appended maps showing 'Bhoj Wetland' and its 'Zone of Influence' area by way of maps no. 1, 2 and 3 in appendix 'A' which were approved by Madhya Pradesh State Wetland Authority in its meeting dated 01.02.2022. In view of the aforesaid maps, recommendations were made with regard to 'Prohibited', 'Regulated' and 'Permitted' activities in the wetland, within 50 meters of the wetland boundary and in the Zone of Influence.
6. Notification dated 16.03.2022 says that State Government has granted administrative approval to the Full Tank Level boundary of wetland and therefrom the area of 50 meters and Zone of Influence as prescribed. On the basis of the maps, area of Bhoj Wetland, as per FTL, is determined as 3946.33 hectares (Upper Lake 3872.43 hectares Lower Lake 73.90 hectares) and the said determination is approved by State Government. Notification dated 16.03.2022 also prescribes the protected distances of urban, rural and Kolans River as also the streams and drains (major and minor streams) meeting Bhoj Wetland and Zone of Influence as under:-
i. शहरी क्षेत्र की ओर BWL के FTL के आसपास 50 मी का बफर मानचित्र क्र. 1 ii. ग्रामीण क्षेत्र की ओर BWL के FTL के आसपास 250 मी. बफर मानचित्र क्र. 2 iii. कोलाांस नदी के आसपास 250 मी. बफर मानचित्र क्र.3 iv. कैिमेंट प्रमुख स्ट्र ीम के आसपास 50 मी बफर - मानचित्र क्र.3 5 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
v. कैिमेंट के माइनर स्ट्र ीम के आसपास 09 मी बफर - मानचित्र क्र.3"
English Translation by Tribunal:
i. 50m buffer around FTL of BWL towards urban area - Map no. 1 ii. 250m buffer around FTL of BWL towards rural area - Map no.2 iii. 250m buffer around Kolans River Map no. 3 iv. 50m buffer around the catchment main stream - Map No. 3 v. 09m buffer around minor stream of catchment Map No. 3"
7. The prohibited, regulated and permitted activities mentioned in para 4 A, B and C, respectively, of Notification dated 16.03.2022 are made effective as under:-
"A. प्रतिबंतिि गतितितिय ं (Prohibited Activities) वेटलैण्ड चनयम 2017 का पालन सुचनचित करने हेतु भोज वेटलैण्ड एवां उसके Zol में Prohibited गचतचवचियोां का चनम्नानुसार चनिाारण चकया जाता है। भोज वेटलैण्ड के Full Tank level (FTL) से 50 मी. तक चनमााण व अन्य गचतचवचियाां चनम्नानुसार पूणातः प्रचतबांचित की जाती हैं- Prohibited activities in Bhoj Wetland and its Zol are determined to ensure compliance with the Wetland Rules are 2017 as follows: 50 meters from the Full Tank Level (FTL) of Bhoj Wetland and construction & other activities completely restricted as follows:
(English Translation by Tribunal) 6 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
i. Conversion for non-wetland i. चकसी भी चकस्म के अचतक्रमण uses including encroachment of सचहत गैर वेटलैण्ड उपयोग हेतु any kind.
पररवतान ii. Setting up of any industry and ii. चकसी भी उद्योग को स्थाचपत expansion of existing industries करना एवां चवद्यमान उद्योगोां का iii. Manufacture or handling or storage or disposal of चवस्तार करना construction and demolition iii. चनमााण एवां अपचशष्ट प्रबांिन चनयम waste covered under the 2016 के अांतगात आने वाले Construction and Demolition चनमााण और अपचशष्ट का Waste Management Rules, चवचनमााण या चनपटान, 2016; hazardous substances पररसांकटमय रसायन के covered under the Manufacture, चवचनमााण, भण्डारण और आयात Storage and Import of चनमााण चनयम, 1989 या Hazardous Chemical Rules, 1989 or the Rules for the पररसांकटमय सूक्ष्म जीवो, Manufacture, Use, Import, आनुवांचशक रूप से चनचमात जीवोां Export and Storage of या कोचशकाओां का उपयोग, Hazardous Microorganisms / आयात, चनयाात, और भण्डारण Genetically Engineered सांबांिी चनयम, 1989 य Organisms or cells, 1989 or the पररसांकटमय अपचशष्ट (प्रबांिन, Hazardous Wastes और सीमा पार सांिालन) चनयम (Management, Handling and Transboundary Movement) 2008 केन अांतगात आने वाले Rules, 2008; electronic waste पररसांकटमय पदार्ा ई- अपचशष्ट, covered under the E-Waste (प्रबांिन) चनयम, 2016 के अांतगात (Management) Rules, 2016; आने वाले ई- अपचशष्ट iv. Solid waste dumping; Discharge iv. ठास अपचशष्ट का चनष्पादन;
of untreated wastes and
v. उद्योगोां, शहरोां, कस्ोां, गाां वोां और
effluents from industries, cities,
अन्य
towns, villages and other
vi. मानव बस्तस्तयोां, से अशोचित
human settlements;
v. Poaching. अपचशष्ट और बचहस्रावोां का
चनष्पादन
vii. चकसी भी स्थायी प्रकृचत का चनमााण
चसवाय नाव घाटोां के, तालाब के
50 मीटर के भीतर प्रचतबांचित
7
O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
रहेंगे।
viii. अवैि चशकार
B. तितियतिि गतितितिय ं (Regulated Activities) - नगर चनगम, भोपाल द्वारा भोज वेटलैण्ड एवां उसके Zone of Influence में मलजल उपिार सांयांत्र । सीवेज पांप हाउस (STP/SPH) स्थाचपत चकये जाने के प्रस्ताव को चवचनयचमत गचतचवचियोां में सम्मचलत चकया जाता है। वेटलैण्ड चनयम 2017 का पालन सुचनचित करने हेतु भोज वेटलैण्ड एवां उसके 2o1 में Regulated गचतचवचियोां का चनम्नानुसार चनिाारण चकया जाता है - The proposal to establish Sewage Treatment Plant/Sewage Pump House (STP/SPH) in Bhoj Wetland and its Zone of Influence by Municipal Corporation, Bhopal is included in the regulated activities. The regulated activities in Bhoj Wetland and its Zol are determined as follows to ensure compliance of the Wetland Rules 2017. (English Translation by Tribunal) i. Subsistence level i. जीवन चनवााह योग्य मात्रा में biomass harvesting बायोमास चनकालना (परां परागत (including traditional तरीकोां सचहत) practices) ii. सांिाररत मछलीपालन ii. Sustainable culture iii. गैर- मोटर िाचलत नावोां का fisheries practices (in private lands) सांिालन iii. Plying of non-motorized iv. डीचसस्तटांग चडवीचडां ग करते समय boats; यह ध्यान रखा जाए चक वेटलैण्ड के iv. Desilting, in case जल स्रोत एवां जल ग्रहण क्षमता में where wetlands inflow कोई प्रभाव न हो regimes and water-
(नोट-तालाब गहरीकरण एवां
holding capacity are
डीचसस्तटांग दो अलग-अलग
impacted by siltation
चक्रयाकलाप है)।
(note that 'deepening'
activities are not the अस्थाई प्रकृचत के चनमााण ।
same as 'desilting'); & नगर चनगम, भोपाल द्वारा मलजल
8
O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
v. Construction of उपिार सांयांत्र/चसवेज पम्प हाउस
temporary nature. vi. का चनमााण।
Construction of
STP/SPH by Municipal
Corporation, Bhopal.
C. अिुज्ञ ि गतितितिय ं (Permitted Activities)- वेटलैण्ड चनयम 2017 का पालन सुचनचित करने हेतु भोज वेटलैण्ड एवां उसके Zol में Permitted गचतचवचियोां का चनम्नानुसार चनिाारण चकया जाता है। The permitted activities in Bhoj Wetland and its Zol are determined to ensure compliance with Wetland Rules 2017, as follows. (English Translation by Tribunal) भारत सरकार द्वारा जारी वेटलैण्ड चनयम i. पाररस्थचतक पुनवास एवां चक्रयान्वयन मागादचशाका (15.क्र. पृ) प्रकृचत का पुनचनामाण 2020 अनुसार ऐसी गचतचवचियाां चजनके ii. वेटलैण्ड इां वेन्ट्री मूल्ाांकन एवां कारण वेटलैण्ड के Wise Use की मॉनीटररां ग पररकल्पना साकार होती है , वेटलैण्ड एवां iii. शोि काया Zol में Permit की जा सकती हैं। iv. सांप्रेषण, पयाावरण चशक्षा और उपरोक्त मागादचशाका अनुसार जन-भागीदारी कायाकलाप चनम्नचलस्तखत गचतवचियाां भोज वेटलैण्ड v. प्रबांिन चनयोजन और उसके Zol में Permitted vi. वेटलैण्ड आिाररत पचक्षयोां का Activities की श्रेणी में होांगी- सांरक्षण एवां उनके प्राकृचतक रहवास का प्रबांिन According to the Wetland Rules vii. समुदाय आिाररत ईको-टू ररज्म Implementation Guide (15 No. (कम से कम चनमााण Page) 2020 issued by the Government of India, such गचतचवचियाां सचहत) activities which fulfill the viii. पुनयोजी क्षमता अनुसार concept of Wise Use of Wetland वेटलैण्ड के प्राकृचतक उत्पादोां can be permitted in Wetland का सांतुचलत दोहन and Zol. According to the above ix. जलवायु पररवतान समस्या के guide, the following activities चनदान के चलए प्राकृचतक will be in the category of सांसािन आिाररत अनुकूलन Permitted Activities research 9 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
work in Bhoj Wetland and its एवां शमन हेतु वेटलैण्ड का Zol. एकीकरण (English Translation by Tribunal) i. Ecological rehabilitation rewilding of nature; and ii. Wetlands inventory, assessment and monitoring;
iii. Research;
iv. Communication,
environmental education
and participation
activities;
v. Management planning;
vi. Habitat management and
conservation of wetland-
dependent species;
vii. Community-based
ecotourism (with
minimum construction
activities);
viii. Harvesting of wetlands
products within
regenerative capacity;
and,
ix. Integrating wetlands as
nature based solutions for
climate change mitigation
and adaptation.
8. The Hon'ble Supreme Court in Municipal Council, Ratiam US. 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 10 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors. that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded.
9. 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."
10. 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 right to a healthy and clean environment is integral to the Right to Life. The relevant excerpt from the judgment is reproduced below:-
11
O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
11. 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 Page 9/47FQ Should be hazardous to "life" within the meaning of Article 21 of the Constitution."
12. 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 12 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors. 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.
13. The members of the committee after visiting the site submitted the report with the following observation:-
"Joint committee conducted a visit of the site situated in Village-Mahua Kheda, Tehsil-Huzur, District-Bhopal on dated
14.07.2025. During site visit, Ms. Prakamya Tiwari, AE, RO, MPPCB, Bhopal, Mr. Shivam Dwivedi, Advocate, RO, MPPCB, 13 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
Bhopal, Mr. Ravindra Shrivastava, Sub-Engineer, WRD, Bhopal and Mr. Gulab Singh Solanki, Supervisor, WRD, Bhopal were also present during inspection. The Geographical locations, photographs and visual observations were recorded during inspection and the observations are as under:
1) The site of Kopra dumping is located at Village-Mahua Kheda, Tehsil Huzur, District-Bhopal, Madhya Pradesh. The geographical location of the site is latitude 23° 9'10.21"N and longitude 77°21'6.23"E.
2) The site in question was shown to the joint committee by the representatives of Water Resources Department (WRD), Bhopal.
3) The site was situated adjacently on the north side of Kerwa Dam Full Tank Level (FTL) boundary.
4) There was a farmhouse located approx. 250 metres on the north and another farmhouse located approx.
150 metres on the east side of the said land.\
5) The access of the above site is connected by Kutcha Road and due to rain the road was not in good condition as it was muddy with rain water patches.
The soil was sticky and movement of vehicle was difficult in this season.
6) It is observed by the committee that the land adjacent to the Full Tank Level (FTL) of Kerwa Dam is leveled by dumping of Kopra, murram and black cotton soil of approx. 10 feet in height.
7) The WRD representative showed the FTL demarcation poles of Kerwa Dam located near the dumping area.
14O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
The committee observed that apart from private land, the filling of Kopra is also found within demarcation of the FTL of Kerwa Dam.
8) During inspection, it is observed that the filling of Kopra is in irregular shape in the FTL area of Kerwa Dam. Also, it is observed that the illegal dumping done within FTL area needs field survey by specialized agency to assess the area and quantity of illegal dumping within the FTL of Kerwa Dam.
9) No dumping activity of Kopra or any other material was observed at the time of inspection. To create obstruction of vehicle movement in the FTL area of Kerwa dam a big patch is dig by the WRD.
10) The present water body of Kerwa Dam was found approx. 100 meters away from the FTL boundary located near the illegal dump site.
ACTION TAKEN:
To verify the area of filling of Kopra within the FTL of Kerwa Dam and to estimate the accurate quantity of Kopra dumped within the FTL of Kerwa Dam, information is sought from the M.P. Water Resource Department vide letter dated 14.07.2025. The information sought includes 1) Quantity of Kopra dumped and area of land on which its dumped within FTL of Kerwa Dam 2) Details of action taken against the illegal dumping.
In light of above points, it is humbly submitted that the committee observed the illegal dumping of Kopra within the Full Tank Level (FTL) of Kerwa Dam. The exact area of illegal dumping and quantity of illegal dump within FTL will be 15 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
assessed after the receiving the information from Water Resources Department."
14. In view of the members of the committee the filling of Kopra was found in the private land.
15. The submission of the learned counsel for the CPCB are that the rules for protection and maintenance of the lakes have been notified by the MoEF&CC known as Wetland (Conservation and Management) Rules, 2017 vide notification issued in 2016. The responsibility to take remedial measures and take action against the violators are with the State PCB and State PCB have to take necessary actions in case there are no violations.
16. Learned counsel for the State PCB has argued that in compliance of the order of the NGT, a meeting was called by the competent Executive Officer and that in reference to above meeting SDM Huzur, vide letter no. 1274 dated 31.07.2025, constituted a team to inspect the location mentioned in the petition and to assess the quantity of Kopra dumped in the Full Tank Level (FTL) of the Kerwa Reservoir and to identify the responsible person for dumping Kopra in the FTL.
17. On 04.08.2025 a site inspection was conducted by the above team. During the inspection Mr. Mukesh Goyal SDO, WRD, Mr. Ravindra Shrivastava, Sub-Engineer, WRD, Mr. Jainendra Chandel, Chemist, Regional Office, MPPCB, Ms. Prakamya Tiwari, AE, RO, MPPCB, Bhopal, Mr. Shivam Dwivedi, Advocate, RO, MPPCB, Mr. Vivek Rajpoot, Patwari, tehsil Huzur, Bhopal; Mr. Dileep Shinde, Inspector, Janpad Panchayat Fanda and after inspection report was submitted by the team. The main points of the report are as under:-
i. The site of Kopra dumping is located at Village-Mahua Kheda, Tehsil Huzur, District-Bhopal, Madhya Pradesh. 16 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
The geographical location of the site is latitude 23° 9'10.21"Nand longitude 77°21'6.23"E. ii. The site is situated adjacently on the north side of Kerwa Dam Full Tank Level (FTL) boundary.
iii. Presently due to rain in the area the approach road upto the Kopra dumping site is inaccessible.
iv. Also it is observed that due to water logging on the kaccha road the access to the area for removal of dumping material from FTL using heavy vehicles (Poclain, Dumpers) is not possible in the prevailing conditions. v. Similarly due to inaccessible conditions of the area where the Kopra is dumped, the survey work for the assessment of its quantity and the extent of the area in the FTL is not possible.
vi. The removal of the Kopra from the FTL may also leads to generation of muddy runoff that can flow into the reservoir. A letter dated 06.08.2025 is issued by MPPCB the concerned department SDM, Huzur, Executive Engineer, WRD and Chief Executive Office Janpad Panchayat Fanda, to furnish the information of details of land owners where Kopra is dumped if it is a private land, action taken against the Person responsible for the illegal dumping of the Kopra, total area of dumped Kopra, action to be taken for removal of the Kopra."
18. The intervener Colonel Avinash Singh has filed an application with affidavit with the facts that a notice has been issued by the district administration with regard to removal of solid waste. Submission of the intervener are that the Applicant's land is situated in Village Mahua Kheda, Bhopal, bearing Khasra No. 30, with a total area of 1.00 acres. 17 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
19. The order dated 21.07.2025 has been passed based on a notification of the Madhya Pradesh Government dated 16.03.2022 and the meeting held on 01.02. 2022. The aforementioned notification pertains to the Bhoj Wetland, which includes a total of 3872.43 hectares of land from the Upper Lake and 73.90 hectares from the Lower Lake. However, the instant matter pending before this Hon'ble Tribunal relates to the Kerwa Irrigation Dam, which has no connection with the notification dated 16.03.2022. Moreover, the said notification does not concern the Kerwa Irrigation Dam. It must categorically be brought to the notice of the Hon'ble Tribunal that the Kerwa irrigation dam is not a part of Bhoj Wetland or any other Wetland for that matter.
20. That prior to the construction of the Kerwa Irrigation Dam, the requisite land was acquired by the state government. and the dam was constructed on the land that had been duly acquired for this purpose. Based on the water storage capacity of the Kerwa Irrigation Dam, the land falling within the Full Tank Level (F.T.L.) was acquired accordingly. The acquired land is recorded in the name of the Water Resources Department, Government of Madhya Pradesh.
21. That the applicant's land does not fall within the Full Tank Level (F.T.L.) area, and as per the revenue records, the land is registered in the name of the applicant. This clearly shows that the applicant's land is private land, does not fall under the F.T.L. area, and is not a part of the Kerwa Dam.
22. That the land for the construction of the Kerwa Irrigation Dam was acquired based on its designated water storage capacity and architectural design. If water is stored beyond this approved capacity, there is a strong possibility that the Kerwa Irrigation Dam may suffer structural damage and may deteriorate before its expected lifespan. Consequently, the risk of the dam collapsing would significantly increase. 18 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
23. It is necessary that the State of Madhya Pradesh be directed to disclose how much land was acquired for the construction of the Kerwa Irrigation Dam, and on that basis, the Full Tank Level (F.T.L.) area should be properly determined. It is further requested that a direction to submit a report from a relevant expert to assess the extent to which the risk of structural damage to the Kerwa Irrigation Dam would increase if water is stored beyond its approved capacity.
24. It is an undisputed fact that the land shown on page number 11 of the report is private land. If the government intends to expand the reservoir area of the Kerwa Irrigation Dam, it must acquire the applicant's land through due legal process. Without such acquisition, the government has no authority to deprive the applicant of the use and enjoyment of their own land. Attention of the Tribunal is drawn towards the S. 18(1)(V) and S.34 of the M.P Nagar Tatha Gram Nivesh Adhiniyam, 1973. The S.18 (1)(V) provides for calculation of "approximate cost of land acquisition for public purposes and the cost of works involved in the implementation of the plan".
The Section 34 of the M.P Nagar Tatha Gram Nivesh Adhiniyam, 1973, it is provided that, if any land is designated for development for the purpose of town expansion or town improvement, then the acquisition of the land is compulsory. For this purpose, Section 18(1) (V) enumerates that the calculation of approximate cost of land acquisition has to be carried out and a budget for the same has to be made. From the said provisions, it is clear that if the land use of any land is designated for town expansion and improvement, then the acquisition of the said land is mandatory.
25. Action Taken Report has been filed by the State PCB where it has been submitted that the solid waste lying are in the private land and the removal of the soil filling was partially done and executed. Since, rest of the solid waste was in private land, thus the notices were issued to the concerned 19 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors. persons directing removal of remaining soil from the Full Tank Level (FTL) area.
26. The Chief Executive Officer, Funda, informed that the Kopra dumping site are private lands and the details of the landowners along with Khasra particulars are not maintained at the Janpath Gram Panchayat Office. Actions against the individuals or private owners can be taken after demarcation of the land by the department concerned.
27. Further compliance report has been filed by the State PCB with the facts that the Details of landowners for Khasra No. 30 are given below: -
1. (i) "S. Name of Khasra No. Area No. Landowners (in hectares)
1. Simra Tahir D/o 30/2 0.4450 Abdul Tahir
2. Sameer Seth 30/3 0.1580 (father: A.N. Seth), Shalini Seth D/o A.N. Seth
3. Varun Sehgal 30/4 0.7080 (father: B.M. Sehgal)
4. Lalit Agarwal 30/5 0.9550 (father: R.S. Agarwal)
5. Avinash Singh 30/6 0.4050 (father: D.V. Singh)
(ii) The above landowners have dumped soil/kopra on their private land for agricultural purposes. During a joint inspection conducted by the SubDivisional Officer (Water Resources Department), Tehsildar (Tehsil Huzur), the above landowners along with their sharecropper, Mr. Moin Khan were informed about the 33-meter buffer zone from the Full Tank Level (FTL) and directed to remove the soil/kopra.
(iii) The total area on which kopra has been dumped in Khasra No. 30, Village Mahuakheda, is approximately 0.800 hectares.
20O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.
(iv) The private landowners of Khasra No. 30 have been directed to remove the kopra/soil from the 33-meter buffer zone of the Full Tank Level (FTL).
2. The site was inspected on 23.01.2026 by officials of the Madhya Pradesh Pollution Control Board, namely Dr. Praveen Kothari, Scientist, Regional Office, MPPCB, Bhopal and Mr. Jainendra Chandel, Chemist, Regional Office, MPPCB, Bhopal, in the presence of officials from the Revenue Department and Janpand Panchayat, Fanda, including Mr. Vivek Rajput, Patwari, Tehsil Huzur, Bhopal; Mr. Dileep Shinde, Inspector, Janpad Panchayat Fanda; Mr. Ramesh Namdev, Secretary, Janpad Panchayat Fanda; and Mr. Narayan Singh Meena, Secretary, Janpad Panchayat Fanda. Copy of the Panchnama prepared during the inspection is enclosed as Annexure-2. During the course of inspection, it was observed that Kopra, murram, and black soil still dumped on the land adjacent to the Full Tank Level (FTL) of Kerwa Dam, and the site conditions remain unchanged as compared to the previous inspections.
3. That, in view of the above, MPPCB vide letter no. 752 dated 27.01.2026 to Sub-Divisional Magistrate, Teshil- Huzur, District- Bhopal, Executive Engineer, Water Resource Department, Bhopal and Chief Executive Officer, Janpad Panchayat Fanda, Bhopal stating the current status and regarding the compliance of orders of Tribunal in the present case."
28. In view of the above facts and the report submitted by the State PCB and the district administration, the Kopra which is lying in the area is in a private land and notices have been issued to the affected persons, so that, 21 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors. the necessary remedial measures may be taken and to ensure that the dumping should not in any way directly or indirectly affect the dam or water body or area of the FTL.
29. As the Kerwa Dam falls within the jurisdiction of WRD, hence it is the basic duty of WRD to ensure that there should not be any illegal dumping of any material inside the dam which affects the storage capacity of dam. The Principal Secretary, WRD is directed to form patrolling/monitoring team of the local officials for periodical monitoring of FTL boundary of the dam twice a month and to take immediate action, if any, illegal dumping/violation is observed during patrolling.
30. It is very important to protect the catchment area of Kerwa dam from illegal encroachment and vegetative degradation as it causes erosion and affects the longevity of dam adversely impacting the storage capacity. So far as the ownership of catchment area is concerned it partly falls in forest area, partly in revenue area and partly in panchayat area, hence, the DFO, Collector and CEO of Bhopal district are directed to ensure the removal of encroachment from their respected areas as per the prevailing norms for long term conservation of the dam. DFO is also directed to take up plantation activity along with soil and moisture conservation activities in the open patches in the forest falling in catchment to combat soil erosion.
31. Kerwa dam falls in the category of wetland and hence it is the basic duty of the State Wetland Authority to conserve and protect the wetland of the state. State Wetland Authority is directed to identify and demarcate zone of influence around the water body falling in catchment to save the wetland from negative impact on the eco-system from developmental activities. This process is directed to be completed within two months.
32. District authorities are directed to ensure effective implementation of Wetland Rules, 2017 for longevity of dam. The State Pollution Control Board 22 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors. is directed to periodically monitor it and in case of any violation to take remedial measures according to rules.
33. With these observations Original Application No. 49/2025 alongwith I.A. stand disposed of.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 04th February, 2026, OA No.49/2025(CZ) PN 23 O.A. No.49/2025(CZ) Rashid Noor Khan (Suo Moto) Vs. State of Madhya Pradesh & Ors.