National Green Tribunal
Rupesh Patidar vs M.P Pollution Control Board on 7 April, 2026
Item No.06
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.144/2025(CZ)
Rupesh Patidar Applicant(s)
Vs.
Madhya Pradesh Pollution Control Board & Ors. Respondent(s)
Date of Hearing: 07.04.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. PRASHANT GARGAVA, EXPERT MEMBER
For Applicant(s): None
For Respondent(s) : Mr.Prashant M. Harne, Adv. for State of MP
Ms. Parul Bhadoria, Adv. for MPPCB
ORDER
1. This letter petition has been filed by one Mr. Rupesh Patidar, (BE -
Civil) 103, Treasure Vihar Bijalpur, Indore highlighted the massive and unplanned illegal construction, encroachment in the catchment are or within the area of Bilawal lake in the notified green belt creating health problem and discharge of effluent and untreated sewage into the lake, which is a source of fresh water.
2. Issues raised in this application are massive unplanned and illegal constructions are taking place in the notified green belt area of villages of Fatan Khedi and Kelod Kartal (notified greenbelt area since 2006). in Ward no. 77 under Tehsil Juni Indore and catchment area of Bilawali Lake on Khandwa Road Indore. Both villages are major catchment of Bilawali Lake which is a major source of fresh water supply to Indore city. Widespread construction activities are carried out damaging the environment by misuse of land by mercilessly cutting trees and 1 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
greenery by land mafia to pave way to develop illegal+ colonies, buildings, farm houses and other dwellings in the notified green belt area. Another major problem associated is the direct release of effluent and untreated sewage into the Bilawali lake which is a sole source of fresh water causing damage to environment and health hazard.
3. Notices were issued to the respondents in addition to constituting a committee consisting the representative of the District Collector, Indore, one representative from the Wetland Authority and one representative from the Member Secretary, State Pollution Control Board with direction to visit the site and submit the report.
4. The members of the committee visited the site and submitted the report as follows :
"Bilawali Lake is a historical lake situated in ward No. 77. Geographically, it is located at latitude 22°39'43"N & longitude 75°52'14"E in the south-west direction of Indore City at Khandwa Road. It is manmade lake constructed by Maharaja Tukoji Rao Holkar in 1914. After its completion, the Lake was connected to Pipliyapala Lake. It is based on the plan of the contemporary resident Shri Bhojket in 1905. According to the surveyed/demarcation by district administration Indore, total area of Bilawali Talab is 271.21 Hectare. This talab falls under the jurisdiction of the Municipal Council of Indore. The main source of water is rain and storm water. It is perennial water body and water remains round the year.
Field Observations: - » On preliminary observation, it was noted that eastern side of Talab is bounded by Indore- » It was observed that northern part of Bilawali talab is well protected by earthen dam/bund Khandwa roads, while the remaining sides 2 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
are occupied by agricultural activities and residential settlement shown in Google map attached as Annexure-4 there is vegetation covered and large and trees are also covered in and around pathway of bund. » It was observed that there are four drains are major sources of water in to the Bilawali Talab and one inter-connected drain from Limbodi talab situated in east part of Talab. The outlet drain is connected to the downstream of Piplyapala Talab at north side.
The point raised by applicant and joint committee's facts and observation are as below:
S.N. Brief of complaints raised by an Facts and
Applicant Observations
1 Photograph 1: Shows purely It was observed that
agriculture land situated in the construction was
greenbelt area in Fatan Khedi being carried out,
village. A number of plots have facing in south east
been made and large-scale part of Talab in Fatan
dumping of stones has been khedi Village. After
done. It is claimed that a house is consulting with the
going to be constructed here. owners, it was found
(GPS Coordinates: Lat that no permissions
22.653074° Long 75.883598°) had been obtained for
the construction from
the competent
authority/department.
2 Photograph 2: Shows effluent The Committee
flowing into the canal. (GPS observed that
Coordinates: Lat 22.653205° drain/canal is
Long 75.883846°) presently dry and no
effluent flowing seen,
but small part of
plastic waste and
solid waste found
there. This is rain
water drain.
3 Photograph 3: Shows rampant Committee was
construction going on without observed that
any permissions in Kelod Kartal construction of
village. What starts off with 2-3 houses was being
houses becomes a fullfledged going on in Fatan
illegal colony. (GPS Coordinates: khedi Village.
Lat 22.647103° Long 75.880423°)
4 Photograph 4: Illegal construction After consulting with
in Kelod Kartal village. GPS the locals/owners, it
Coordinates: Lat 22.647103° was found that no
Long 75.880423°) permissions had been
3
O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
obtained for the
construction from the
competent
authority/department
5 Photograph 5: Release of effluents The Committee
into the canal. GPS Coordinates: observed that
Lat 22.652997° Long 75.883331°) drain/canal is
presently dry and no
effluent flowing seen,
this is rain water
drain.
6 Photograph 6: Satellite image of Construction around
the area around Bilawali lake. Bilawali Lake seen,
Large scale illegal constructions which is above 50
can be observed. meters from FTL of
Bilawali Lake.
D. Water Quality of Bilawali Lake: - MPPCB, Indore office has conducted water quality of Bilawali Lake every month, report of last 12 months water quality report attached as Annexure-6. It is observed from report that water quality of Bilawali lake is mostly in A or B category as per Water Quality Standard IS :2296, The water is fit for outdoor bathing purpose. E. Action Taken by MP Pollution Control Board Regional Office, MP Pollution Control Board, Indore had sent a letter to Indore Municipal Corporation, T&CP and Water Resource Department, dated 12/11/2025 for compliance the Hon'ble NGT OA 144/2025 and requested to provide the all- necessary information regarding the Case.
F. Action Taken by Indore Municipal Corporation: - » The Indore Municipal Corporation (IMC) has sent their reply vide letter dated 08/12/2025, Which is attached as Annexure-7. » The Indore Municipal Corporation (IMC) has sent notice to concerned persons who are involved to constructed illegal building/houses.
4 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
G. Action Taken by MP State Wetland Authority: - » Compliance of the Hon'ble Supreme Court order (W.P. No. 304/2018 with W.P. (C) No. 230 0f 2001: -
• Hon'ble Supreme Court passed order dated 11.12.2024, and directed all State/UT's Wetland Authorities to complete Ground truthing and Boundary demarcation of wetlands identified by the ISRO/SAC-Atlas 2021, • According to National Wetland Atlas, in Madhya Pradesh,13565 (>2.25 hac.) wetlands have been identified. A total of 304 wetlands has been identified in Indore district.
• The Chief Secretary, GoMP directed all District Collectors to complete the Ground truthing and Demarcation of wetlands within the stipulated time frame. A letter was also issued to all concerned district collectors in this regard, • MPSeDC was entrusted with the responsibility to develop a Mobile Application that integrates revenue and land records data. A dashboard has also been developed for real time monitoring of the progress of Ground truthing and Demarcation of wetlands. (htps.//app powerbi. comview?r=eyJrljoiOWM20GY2NJMIMDUSNS00ZJEI LWEIMTAINjg2YWESZJEzM GJImliwidCI61jY=M=I3N2ExLTFmMDcINGUSMi 04MDQOwLWNIOGNkYmQ2NTQOxNCJ9) • As per the information available on dashboard, which is updated by the concerning officials of respective districts, 5 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
as of now, Ground truthing and Boundary demarcation of wetlands has been completed in Indore district, • Bilawali Talab also reported to have been ground-truthed and field report of Boundary Demarcation is attached • Reply of Town & Country Planning Department Indore has submitted vide letter dated 27/11/2025, I. Recommendations of the committee: -
➢ Immediate actions should be taken by Municipal Corporation Indore and District Administration to stop the illegal construction and ensure strict action against the construction work going on in the green belts near Bilawali Talab.
➢ Municipal Corporation, Indore should be demarcated and fence the Bilawali Talab. Signage and caution boards should be installed at suitable places regarding restriction zone of Bilawali Talab.
➢ The District administration and Municipal Corporation, Indore shall ensure strict compliance of directions given by Hon'ble Supreme Court in the matter of W.P.(C) No. 302/2020 and follow prohibited activities in section 4 of the Wetland Rules 2017.
➢ It is also recommended to prepare a time bound action plan for the conservation of Bilawali Talab that shall be examined and approved by the District Wetland Conservation Committee (DWCC), Indore, which is chaired by the District Collector. 6 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
➢ Municipal Corporation, Indore should run a community tree plantation (local tree species) in and around the Bilawali Talab in consultation with the Forest Department and in collaboration with the District Administration.
➢ Municipal Corporation Indore may install aeration system in Bilawali Lake to improve water quality. ➢ In this petition, Indore Municipal Corporation has to take action against encroachment and illegal construction around Bilawali Talab, hence the Municipal Corporation, Indore should also be made a respondent in the case."
5. The Nagar Palika Nigam, Indore has further filed the copy of the notices issued to individuals against whom there are allegations that certain area of lake has been encroached by the individuals. The notices were issued in accordance with the Madhya Pradesh Nagar Palika Adhiniyam 1956 and Madhya Pradesh Land Development Rule 2012. Necessary actions for removal of encroachments are being taken by the Municipal Corporation. Our attention has been drawn towards the directions issued by the Supreme Court of India in Writ Petition (Civil) No. 304 of 2018 titled as Anand Arya vs. Union of India & Ors. whereby and whereunder vide order dated 11.12.2024, Hon'ble the Supreme Court had defined the powers of Wetland Authorities and directed them to demarcate and protect the wetland according to rules.
6. Government of India, Ministry of Environment, Forest and Climate Change in exercise of powers under Section 3, read with Section 25 and 23 of Environment (Protection) Act, 1986 notified the rules on 16.03.2022.
7 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
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) िेटलैण्ड तियम 2017 क प लि सुतितिि करिे हेिु भोज िेटलैण्ड एिं उसके Zol में Prohibited गतितितियों क तिम्न िुस र तिि ारण तकय ज ि है । भोज िेटलैण्ड के Full Tank level (FTL) से 50 मी. िक तिम ा ण ि अन्य गतितितिय ं तिम्न िुस र पूणािः प्रतिबंतिि की ज िी हैं Prohibited activities in Bhoj Wetland and its Zol are determined to ensure compliance with the Wetland Rules 2017 as follows: 50 meters from the Full Tank Level (FTL) of Bhoj Wetland and construction & other activities are completely restricted as follows (English Translation by Tribunal) 8 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
B. तितियतमि गतितितिय ं (Regulated Activities). िगर तिगम, भोप ल द्व र भोज िेटलैण्ड एिं उसके Zone of Influence में मलजल उपच र संयंत्र / सीिेज पंप ह उस (STP/SPH) स्थ तपि तकये ज िे के प्रस्त ि को तितियतमि गतितितियों में सम्मतलि तकय ज ि है। िेटलैण्ड तियम 2017 क प लि सुतितिि करिे हेिु भोज िेटलैण्ड एिं उसके Zol में Regulated गतितितियों क तिम्न िुस र तिि ारण तकय ज ि 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. 9 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
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) C. अिुज्ञ ि गतितितिय ं (Permitted Activities)- िेटलैण्ड तियम 2017 क प लि सुतितिि करिे हेिु भोज िेटलैण्ड एिं उसके Zol में Permitted गतितितियों क तिम्न िुस र तिि ारण तकय ज ि 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) 10 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
8. Notification dated 16.03.2022 is said to be effective from the date of issue of the administrative order i.e., 16.03.2022. The said Notification declares plying of 'non-motorised boats' as a 'Regulated Activity'. 11 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
9. Relying on Apex Court's decision in Hinchlal Tiwari vs. Kamala Devi and others, (2001) 6 SCC 496, M.K. Balakrishnan (1) and others vs. Union of India and others, (2009) 5 SCC 507, State of Orissa vs. Government of India & Another (2009) 5 SCC 492, Indian Council for Enviro-Legal Action etc. vs Union of India and Others AIR 1996 SC 1446 and Vellore Citizen Welfare Forum v Union of India, 1996(5)SCC647, applicant has pleaded that clean environment including river water is a fundamental right of citizen under Article 21 of Constitution of India and State is under an obligation to protect and improve the environment, safeguard forest and wildlife as per the directive principles stated in Article 48-A part IV of the Constitution and also under fundamental duty to protect and improve natural environment including forests, lakes, rivers and wildlife as provided in Article 51-A(g) of the Constitution.
10. While considering the issue raised before us in the matter, we have to keep in mind that we are dealing with the water bodies and rivers in State of Madhya Pradesh which is full of water resources, forest assets and wildlife. The State is part of Central Province in Central India. It is the largest Indian State by area and fifth largest State by population; it borders State of Uttar Pradesh to North-East, Chhattisgarh to East, Maharashtra to South, Gujarat to West and Rajasthan to North-West and total area of State of Madhya Pradesh is 308,252 km2 (119,017 sq mile); length and width wise, its dimension is 605 KM in length and 870 Km in width. Its historical importance went back to ancient emporium; the area covered by present day State of Madhya Pradesh includes the area of ancient Avanti Mahajanapada, whose capital, well known to the people, was Ujjain (also known as 'Avantika'; it was a major city during Indian urbanisation in Sixth century BCE; 12 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
subsequently, region was ruled by major dynasties of India; in nineteenth century, majority of area of Madhya Pradesh was dominated by Maratha Empire; after Anglo-Maratha War in 19th century, the region was divided into several Princely States under British regime and incorporated into Central Provinces and Berar and Central Indian Agency. After independence, Central Provinces and Berar was renamed as 'Madhya Bharat' with Nagpur as its capital; this State included Southern parts of present-day Madhya Pradesh and North- Eastern portion of present-day Maharashtra; in 1956, there was reorganization of States and certain parts of Maharashtra were combined with States of Madhya Bharat, Vindhya Pradesh and Bhopal to form new State of Madhya Pradesh; Marathi speaking Vidarbha region was removed and merged with Bombay State.
11. State of Madhya Pradesh was the largest State in India by area until 2000, when South-Eastern part of this State was separated with the creation of Chhattisgarh State region, designated a separate State.
12. State of Madhya Pradesh has distinction of rich mineral resources, forest reserve and water resources. It has distinction of having a large river running from East to West i.e., Narmada which runs between Vindhya and Satpura ranges. Narmada is the longest river in State of Madhya Pradesh, flows through a rifty valley. It has several tributaries including Banjar, Tawa, Machna, Shakkar, Denwa and Sonbhadra. Other major rivers of Madhya Pradesh are Rivers Son, Shipra, Tapti, Mahanadi, Chambal etc. Godawari Basin also finds small part of State of Madhya Pradesh.
13. State of Madhya Pradesh is also known for lakes and other water bodies. It has 4 Ramsar Wetland Sites under Ramsar Convention i.e., 13 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
Bhoj Wetland (Bhopal Lake or Bhoj Taal or Upper Lake or Lower Lake; Sirpur Lake, Yashwant Sagar and Sankhya Sagar).
14. Bhoj Wetland i.e., Bhopal Lake got the status of Wetland of International importance under Ramsar Convention on 19.08.2002comprising 2 water bodies i.e., Upper Lake and Lower Lake. Its total area is about 31 km2. It is located at Bhopal. With regard to Bhoj Taal (Upper Lake), as per old records, the Lake was made by Paramara Raja Bhoj, Ruler of Malwa. The Lake is surrounded by Van Vihar National Park on the South, agricultural fields on the West and human settlement on the East and North. By making an Earthen dam across Kolans River (tributary of Halali river), the lake was built. Upper Lake drains into Kaliasot River. Another dam called Bhadbhada was constructed in 1965 on Upper Lake to control outflow of Kaliasot river. Catchment area of Lake is about 361 km2 and it has maximum length and width of 31.5 km and 5 km respectively.
15. Lower Lake which is also part of Bhoj Wetland, is said to have been built by Nawab Chhote Khan in 1794 to beautify the city; it drains into Halali River via lower reach of Kolans River; has a catchment area of about 9.6 km2 and surface area of 1.29 km2; average depth of Lake is 6.2 meters and maximum depth is about 10.7 meter; a 'Pul Pukhta' or Lower Lake Bridge separates Lower Lake from Upper Lake.
16. Sirpur Lake has a total area of about 800 acres (around 3.6 km2), got the status of wetland of international importance under Ramsar Convention on 07.01.2022. It was built by Holkars of Indore State in early 20th century and is one of the 19 important bird areas of Madhya Pradesh recognized by Bird Life International in 2015. Sirpur Lake is located at Indore.
14 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
17. Yashwant Sagar (Lake) also located in District Indore, got the status of Wetland of International importance on 07.01.2022 under Ramsar Convention; it is a dam reservoir on Gambhir River and supplies water to Indore City; area of reservoir is about 2650 hectares; created in 1939 and also known as 'Gulawat Lotus Lake Valley'; it is one of the 19 important bird areas of Madhya Pradesh recognized by Bird Life International on 2015.
18. Sankhya Sagar (Lake) got the status of international importance under Ramsar Convention on 26.07.2022 located at Shivpuri inside Madhav National Park; it was created in 1918 from Manier River.
19. Besides above, there are other famous Lakes of Madhya Pradesh i.e., Shahpura Lake located at Bhopal, Rangunan Lake in District Chhatarpur, Beni Sagar Lake near Khajuraho and Lakha Banjara Lake at District Sagar. There are some lakes which are either called Lakes or Reservoirs, which are also in the list of Lakes of State of Madhya Pradesh and the same are as under:
15
O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
20. In fact, State of Madhya Pradesh is heavily loaded with forest area, water bodies and precious wildlife. Its geographical area is characterized by plateaus, mountain ranges, rivers, valleys and dense forest. The terrain assists rivers and seasonal streams to form various beautiful and breath- taking waterfalls.
21. State of Madhya Pradesh is also known for several beautiful and important waterfalls like Dhuadhar, Kapildhara, Dugdha-Dhara, Shahastra Dhara, Mandhar, Dardi, Satdhar, Chachai, Purwa, Bahuti, Keoti, Belauhi, Piyavan, Patalpani, Chuliya, Jhadi-daha, Tincha, JogiBhadak, Gidiya-Khoh, Rajat, Bee, Dutchess, Apsara, Irene, Sankua, Sultangarh, Bhoora Khon, Pawa, etc. There are some seasonal waterfalls also like Raneh, Pandav, Bhalkund, Gatha, Dhanora, Kukdi, Shambhudhara, Taxakeshwar, Sitalmata, Gangulpara, Dagona, Kakrakhoh, Maldhar, Anhoni, Shankar Kho and Dhara-Khoh etc. The waterfalls are on various rivers like Narmada, Sindh, Tons, Chambal and their tributaries. Some waterfalls, we find in Panchmarhi Region, which is a hill station situated on Satpura Mountain Rangers and a source of various seasonal streams creating beautiful waterfalls.
22. In other words, it will not be exaggerated to say that State of Madhya Pradesh is full of natural resources, and water resources in various forms are in plenty. Perhaps that is the reason of having a huge forest area in the State.
23. Protection of natural resources is prime responsibility of State. In M.C. Mehta vs. Kamal Nath & Others (1998) 1 SCC 388, Supreme Court said that State is Trustee of all natural resources which, by nature, are meant for public use and enjoyment. Public at large is beneficiary of the sea-shore, running waters, airs, forests and ecologically fragile lands. State as a trustee, is under a legal duty to protect natural 16 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
resources. These resources meant for public use cannot be converted into private ownership. Executive, acting under Doctrine of Public Trust, cannot abdicate natural resources and convert them into private ownership or for commercial use.
24. Water bodies in State of Madhya Pradesh are for the benefit of the people of Madhya Pradesh in general and State of Madhya Pradesh is under the obligation to protect and maintain them so that the same are not polluted, damaged and no harm is caused to aquatic flora and fauna of these resources.
25. Mere terminology by using the words 'Dam' and 'Reservoir', etc. will not change the nature of aqua-resource which is obviously available due to natural activities and if for use of the water resources in one or the other form, some developmental activities like construction of dam or reservoir etc. has been undertaken, the same would not change the very basic nature and concept of natural water resources available to the State. The mere fact that some lakes have their origin to the efforts of man called man-made Lakes will not change the concept of the Lake and water bodies in as much as even Ramsar Sites in State of M.P. include Lakes which are man-made
26. We have to look into the wider and broad perspective of water body as such and the regulation relating to wetland has to be construed accordingly. Before us, there is large man-made Lake i.e., Bhopal and Sirpur Lake which is admittedly a Wetland of International importance having being declared as 'Ramsar Site'. Similarly, there are other water bodies whether called 'Reservoir' or 'Lake' but the basic attitude of both is same.
17 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
27. For the purpose of construing what constitute wetland, we need not to go elsewhere but straight away fall upon the definition of 'Wetland' in Rule 2(g) of Wetland Rules, 2017 which reads as under:-
"2(g) "wetland" means an area of marsh, fen, peatland or water; whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters, but does not include river channels, paddy fields, human- made water bodies/tanks specifically constructed for drinking water purposes and structures specifically constructed for aquaculture, salt production, recreation and irrigation purposes;"
28. A perusal of definition of wetland shows that area of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary is included within the definition of Wetland. Whether water is static or flowing, fresh, brackish or salt, all are included within the term 'Wetland'. The river channels, paddy fields, human-made water bodies/tanks specifically constructed for drinking water purposes and structures specifically constructed for aquaculture, salt production, recreation and irrigation purposes are excluded. A river channel is not synonymous to river. A river is a natural watercourse while a channel can be part of the structure of a river. In geography, a river channel refers to the path or course through which a river flows. Further, here human-made water bodies/tanks specifically constructed for drinking water purpose does not include the dams or Reservoirs which are not only for drinking water purposes but have multifarious purposes. Here the term 'water bodies' has to read with the term 'tanks'. It is for this reason that most Ramsar Sites in State of Madhya Pradesh are man-made still they are Ramsar Sites Wetlands.
29. The purpose of Water Act, 1974 and Wetland Rules, 2017, in general, is to protect water resources from being polluted in any manner 18 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
whatsoever. Subject to the provisions of the said Statutes, developmental and other activities can be undertaken but the water resources indiscreetly cannot be tempered with, adversely affected and damaged by any kind of activities which would include running of Motor propelled Vessels/Boats wherein organic fuel is used which is a hazardous substance governed by the provisions of HOWMTM Rules, 2016. The extent and ambit of environmental laws, unless has inbuilt restriction or shows an express exclusion, should be given beneficial wider interpretation since it is for the benefit of the mankind and nature.
30. The purpose of environmental laws is to protect nature so that people may enjoy their Fundamental Right of clean air and water and untampered environment. The Statute is beneficial and, therefore, has to be given a widest permissible interpretation.
31. Grievance of the applicant is that due to increase in population, enormous unregulated and unplanned construction have been done on the side of the pond/Sirpur lake which is continuous and increasing rapidly. Illegal construction was done on huge scale and in some places illegal colonies were developed by the local land mafia, encroaching the bank of the pond/water body causing enormous pollution and disturbing the natural quality of the water/pond. Section 3 of the Environmental (Protection) Act, 1986 confers power on the Central Government to take all such measures as it deems necessary for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.
32. Article 243-W of the Constitution and Item 6 of the Schedule XII extends the obligation to the public health, sanitation, conservancy 19 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
and solid waste management. An onus is on the municipalities/local bodies and they cannot shy away from discharging their onerous duty. This Tribunal in O.A No. 325/2015, vide order dated 18.11.2020 directed the authorities concerned for identification, geotagging of ponds and lakes and assessment of water quality, preparation and submission of action plan for restoration of ponds and lakes and execution of approved plans.
33. We find that the steps taken so far can hardly be held to be adequate.
As already noted, protection of water bodies serves great public purpose and is essential for protection of the environment. It helps not only aesthetics but also water availability, aquatic life, micro climate, recharge of ground water and maintaining e-flow of the rivers. Under the Public Trust Doctrine, the State has to act as trustee of the water bodies to protect them for the public use and enjoyment for current and future generations. We may note the observations of the Hon'ble Supreme Court on the subject which are as follows:
i. State of T.N. v. Hind Stone, (1981) 2 SCC 205, at page 212:
"6. Rivers, Forests, Minerals and such other resources constitute a nation's natural wealth. These resources are not to be frittered away and exhausted by any one generation. Every generation owes a duty to all succeeding generations to develop and conserve the natural resources of the nation in the best possible way. It is in the interest of mankind. It is in the interest of the nation."
ii. Hinch Lal Tiwari v. Kamala Devi, (2001) 6 SCC 496, at page 500:
20
O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
"13. It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature's bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution."
iii. T.N. Godavarman Thirumulpad v. Union of India, (2002) 10 SCC 606, at page 628:
"... ... ... 33. ... As was observed by this Court in M.C. Mehta v. Kamal Nath our legal system based on English common law includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. The public at large is the beneficiary of the seashore, running waters, air, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership."
iv. Intellectuals Forum v. State of A.P., (2006) 3 SCC 549, at page 574:
"75. In M.C. Mehta v. Kamal Nath & Ors. (1997) 1 SCC 388, Kuldip Singh, J., writing for the majority held:
"34. Our legal system ... includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by 21 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
nature meant for public use and enjoyment. ... The State as a trustee is under a legal duty to protect the natural resources."
76. The Supreme Court of California, in National Audubon Society v. Superior Court of Alpine Country also known as Mono Lake case summed up the substance of the doctrine. The Court said:
"Thus, the public trust is more than an affirmation of State power to use public property for public purposes. It is an affirmation of the duty of the State to protect the people's common heritage of streams, lakes, marshlands and tidelands, surrendering the right only in those rare cases when the abandonment of the right is consistent with the purposes of the trust."
This is an articulation of the doctrine from the angle of the affirmative duties of the State with regard to public trust. Formulated from a negatory angle, the doctrine does not exactly prohibit the alienation of the property held as a public trust. However, when the State holds a resource that is freely available for the use of the public, it provides for a high degree of judicial scrutiny on any action of the Government, no matter how consistent with the existing legislations, that attempts to restrict such free use. To properly scrutinise such actions of the Government, the courts must make a distinction between the Government's general obligation to act for the public benefit, and the 22 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
special, more demanding obligation which it may have as a trustee of certain public resources [Joseph L. Sax "The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention", Michigan Law Review, Vol. 68, No. 3 (Jan. 1970) pp. 471-566]. According to Prof. Sax, whose article on this subject is considered to be an authority, three types of restrictions on governmental authority are often thought to be imposed by the public trust doctrine [ibid]:
1. the property subject to the trust must not only be used for a public purpose, but it must be held available for use by the general public;
2. the property may not be sold, even for fair cash equivalent;
3. the property must be maintained for particular types of use (i) either traditional uses, or (ii) some uses particular to that form of resources."
v. Jitendra Singh v. Ministry of Environment & Ors., 2019 SCC Online 1510 pr 20 ".... ....... ....
20. .... Waterbodies, specifically, are an important source of fishery and much needed potable water. Many areas of this country perennially face a water crisis and access to drinking water is woefully inadequate for most Indians. Allowing such invaluable community resources to be taken over by a few is hence grossly illegal."
23 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
34. For the definition of counting the wetland, in March 2024, the Space Application Center published a high-resolution remote sensing assessment and analysis of Indian wetlands. The publication (hereinafter 2024 Atlas) has been prepared under Phase 2 of the National Wetlands Inventory and Assessment programme of the Department of Space, Government of India and led by the Space Application Center (SAC) of the Indian Space Research Organisation in collaboration with 30 partners, most being state remote sensing application centres.
35. The 2024 Atlas is a geo-spatial database of Indian wetlands at 1:
12,500 scale using a 20-wetland type classification. Pre and post- monsoon images of 2018 and 2019 from the high-resolution LISS-IV sensor on the Resourcesat-2/2A satellite have been used to assess the extent of the wetlands. An unspecified number of wetlands have also been ground-truthed to enhance the image interpretation and analysis accuracy.
36. The total wetland area in India has been estimated to be 16.89 Million hectares, equaling 5.12 per cent of the country's total geographic area. A total of 2.49 million wetlands (area >= 0.1 ha, total area 16.84 Mha) and 1.09 million wetlands having (area < 0.1 ha, total area 0.05 Mha) have been mapped.
37. The atlas also provides wetland number and extent data for different types of wetlands within states (in individual districts), river basins and biogeographic zones. The SAC website also provides a visualisation tool for the inventory data of 2006-7, 2017-18 and 2019. The 2024 Atlas is a refinement of Atlas published by SAC in 2022 wherein wetlands of area greater than 2.25 ha were mapped at 1:50,000 scale using images of 2017-18 from LISS III sensor 24 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
(hereinafter 2022 Atlas). The LISS IV sensor has a resolution of 5.8 m as compared with 23.5 m of LISS III. Thus, the 2024 Atlas has a minimum mapping area of 0.1 ha against 2.25 ha of the 2022 Atlas. Tracking wetlands
38. India is blessed with an enormous diversity of wetlands ranging from the high-altitude lakes, marshes and peatlands of the Himalayas and Trans-Himalayas, marshes and swamps in the Terai, floodplains and ox-bows in the Gangetic-Brahmaputra alluvial plains, saline flats in the Great Indian Desert, tanks and reservoirs in the Deccan region and estuaries, mudflats, mangrove marshes and coral reef areas interspersed along our coastline.
39. Efforts to collate national statistics on the extent of wetlands in the country have been made over time and have evolved progressively with improvements in cartographic technologies and capacities. The 2024 Atlas is the fifth in the series which applies earth observation to assess the extent of the wetland in the country. The first remote sensing-based inventory of wetlands was published in 1998, using post-monsoon and pre-monsoon data from IRS 1A/1B LISS-I/II data.
40. The major states were inventoried at 1:250,000 scale, whereas the North-Eastern states were mapped at 1:50,000 scale. The inventory yielded a national wetland extent of 12.87 million hectares, of which 8.8 million hectares were inland and the rest coastal. However, river and streams were excluded in the mapping.
41. The second wetland inventory, done in 2004-2005 at 1:250,000 scale using 2004-05 Resourcesat AwiFS images (spatial resolution 58 m), yielded an estimate of 8.83 million hectares. In 2007, the third cycle of national wetland inventory was prepared at a consistent 1:50,000 scale, derived from the analysis of RESOURCESAT I LISS III data of 25 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
2006 - 07. The extent of wetlands in the country was assessed to be 14.70 million hectares.
42. In 2022, the Government of India released the 'National Decadal Wetlands Change Atlas', providing data on wetland number and extent in 2017-18 and an assessment of change since 2006-7. The Atlas maps 0.23 million wetlands (having an area equal to or greater than 2.25 hectares) spanning 15.98 million hectares (4.86 per cent of the country's geographical area).
43. The previous atlases did not present an estimate of small wetlands, or wetlands below the mapping threshold. The 2011 Atlas, which was based on LISS III data of 2007-08, was the first to include an estimate of wetlands under the minimum mapping threshold of 2.25 ha. The atlas indicated that the country had 0.55 million wetlands of area less than 2.25 ha. However, the first census of water bodies published by the Union Ministry of Jal Shakti in 2023 (using data from 2018-19) enumerated 2.42 million waterbodies, with 72 per cent having a water spread of less than 0.5 ha. The 2024 Atlas seems to have bridged this anomaly by reporting that the country has 3.23 million wetlands with an area less than 2 ha.
44. Unfortunately, as most atlases use a different scale and data resolution, the estimates are not comparable (barring the 2022 Atlas, which presents a comparison between the wetlands extent reported in 2006-7 and 2017-18. The 2022 Atlas indicated that the number and extent of wetlands having areas equal to or greater than 2.25 ha increased during the 2006/7-2017/18. The natural coastal wetlands declined overall (from 3.69 million hectares to 3.62 million hectares in ten years).
26 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
45. While the area has been reported for mangroves (by 18,662 ha), creeks (26,929 ha), and coral reefs (2,784 ha) increased; the inter- tidal mudflats have receded by a whooping 116,897 ha, and so did salt marshes (by 5,647 ha). The natural inland wetlands have remained mainly stable, marginally increasing (from 42,157 to 42,779 in numbers and from 6.93 million ha to 7.02 million ha in area during 2006/7-2017/18).
46. The decadal change atlas provides only a snapshot of recent trends in wetlands extent. The increase in natural inland wetlands calls for close introspection. Wetlands are formed in topographic depressions and shaped over a long period by complex geological and hydrological processes. In the trans-Himalayan and Himalayan regions, the formation of new wetlands has been reported for quite some time, primarily linked with deglaciation. However, in other regions, the formation of new natural inland wetlands needs scrutiny.
47. In a short timeframe of a decade, as the report refers to, wetland formation is more likely to be attributed to human-induced landscape alteration. The increase in wetland number may also be indicative of increased fragmentation.
48. It is thus hard to track how much wetlands has the country lost over time. A compilation of land records for 1880-1980 for most of the mainland area (excluding the Islands) placed the total wetlands in the 84 O.A. No. 57/2024(CZ) Rashid Noor Khan & Ors. Vs Indore Municipal Corporation & Ors. country in 1880 to be 6.35 million hectares and surface waters an additional 8.65 million hectares. The area under wetland progressively declined to 4.06 million hectares, in 1980 with the most significant decline being in forested wetlands. The area under surface waters increased marginally to 8.683 million 27 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
hectares during 1880-1980. Overall, wetlands in the country declined from 4.69 per cent (of the total area assessed) in 1880 to 3.98 per cent in 1980.
Extent of damage
49. A global study published in Nature in 2023 with a longer-term reconstruction of natural wetland change suggests that India may have had 61.3 million hectares of natural wetlands in 1700, which nearly halved to 37.2 million hectares by 2020. India has been indicated as the top three countries (after the United States and China) in terms of wetlands loss during 1700- 2020.
50. India is a land of small wetlands. As per 2024 Atlas, wetlands less than 0.1 ha comprise 90 per cent of the total wetlands. However, none of the change studies capture the dynamics in the extent of these ecosystems. The 2024 Atlas and 2022 Atlas are based on remote sensing images of only a years' difference, with the former using higher resolution data as compared with the latter.
51. However, surprisingly and counter-intuitively, in the 2024 atlas, a reduced wetland area has been reported for several categories. In the inland wetlands category, a reduced area has been reported for lakes (37 per cent), riverine wetlands (34 per cent), nature waterlogged (21 per cent), human-made waterlogged (44 per cent), salt pans (33 per cent), oxbows (four per cent) and high-altitude wetlands (two per cent).
52. Similarly, in the coastal wetlands category, a reduced area has been reported for sand/beach (25 per cent), lagoon (six per cent), intertidal wetlands (35), saltpans (13 per cent) and coral reefs (two per cent). The change in resolution in the two atlases has also produced a dramatic increase in the number of wetlands, with nearly 14 times 28 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
increase reported in tanks and ponds, six times increase in rivers/streams, four times increase in coastal aquaculture and three times increase in creeks.
53. The 2024 Atlas and its three iterations present wetlands extent and numbers using a 20-fold wetlands classification. The classification has been modified from Ramsar typology (which indicates 42 different types). This typology was developed mainly to enable the designation of Wetlands of International Importance, yet, does not render easily to national inventories as it is not systematic (as a mix of biological, physical, chemical and other criteria are used without a unifying classification scheme).
54. The 2024 Atlas uses a three-level classification. At the first level, the classification system places wetlands in either of the two categories (inland and coastal), and at the next, each wetland is assigned to the natural or man-made category. At the third level, the wetlands are placed in either of the 20 categories (13 natural and seven man- made).
55. The first level classification into inland and coastal wetlands seems to have been done in terms of geographical location. This may be limiting as the term coastal wetlands are generally used to refer to wetlands influenced by oceans and related coastal processes and may be located landwards of the coastline.
56. The second level classification into natural and human wetlands also needs careful introspection, as over time, even human-made wetlands develop into naturalised ecosystems, providing habitats to species and important ecosystem services in the landscape. The third level classification is a hodge-podge (at times, vegetation is used, and for others, inundation and elevation for high-altitude wetlands). A 29 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
separate waterlogged category is used, wherein most wetlands could eventually be placed.
57. Similarly, the class High altitude wetlands may also include other wetland classes such as lakes. It is highly likely that the differences in wetland areas and numbers between 2024 Atlas and 2022 Atlas are due to inconsistent classification.
58. Several wetland types, such as peatlands, seagrass meadows, and karst wetlands, do not find coverage in these atlases. The seamless vegetation map of India for 1992-2012, published by ISRO in collaboration with several institutions, provides details on forested swamps and marshes which are otherwise missing in the national atlas. The extent of wetlands represented by the atlas may, therefore, at best, serve as the lower limit of wetland extent in the country. Utilising remote sensing
59. Mapping wetlands using remote sensing techniques is a complex and arduous task. The term wetlands groups a range of aquatic ecosystems which are not unified by a common land cover feature (for example, vegetation in forests).
60. While the presence of water is a distinguishing feature, water may be present seasonally or permanently and at the surface or below the surface with a range of variations during the year and between the years, not all of which can be discerned through remote sensing images. Steep environmental gradients in and around the edges of the wetlands, such as boundaries between wetland vegetation and terrestrial vegetation, are challenging to resolve only using remote sensors. Finally, the highly dynamic nature of wetlands significantly alters their reflectance and energy backscatter properties. 30 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
61. The wetland atlases produced to date use optical remote sensing, which primarily uses sensors mounted on satellites to measure how light reflects off the earth surface. The optical remote sensing data are produced based on the reflectance of various objects, captured in terms of wavelengths, on an electromagnetic spectrum. Images generated from optical remote sensing have good resolution, are relatively easy to process, and have a rich freely available archive which can be used to assess trends in wetlands.
62. A range of indices are used to combine wavelength ranges (also called bands) to extract wetland signatures (inundation, hydric soils and presence of hydrophytic vegetation). Most of the thresholds used in these indices need an element of human judgement, and thus, ground truthing of representative points is required in order to resolve interpretation errors.
63. But for a large country like ours, producing high-accuracy maps becomes a tedious task and needs to be supported, at the very least, by remote sensing and GIS teams working in tandem with wetland ecologists. Variations in the wetland extent capture determined by the analysis of satellite data and the ground condition are thereby not uncommon.
64. Optical images alone may not be sufficient to map the total wetland extent in its full diversity. For mangroves and forested wetlands (such as Myristica swamps), augmenting optical data with shortwave infrared channels has provided good discrimination from adjoining natural forests and plantations. Peatlands, which are incredible carbon pools, have failed to figure in any wetland assessment thus far, despite their presence being recorded in the high-altitude 31 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
Himalayas and coastal regions. Radar satellite observations, which allow penetration below the canopy, have been globally found useful for mapping these wetlands.
65. Similarly, unique coastal wetlands such as seagrasses can be mapped using hyperspectral aerial photographs, which can not only assist in distinguishing these wetlands but also compute features such as species composition, percentage cover density and leaf area index. Segregating perennial from non-perennial wetlands effectively may best be done with a mix of optical and synthetic aperture radar data.
66. Multiple approaches for establishing wetland boundaries exist in India, and not all of these follow the presence of wetland indicators. The boundary of East Kolkata Wetlands, an assemblage of sewage-fed fish farms on the eastern fringes of Kolkata City, includes a large chunk of agricultural lands, which collectively assist in treating wastewater, the primary ecosystem function of these wetlands. In Vembanad-Kol, an estuary-floodplain agriculture complex in Kerala is defined based on connected hydrological regimes, delineating which requires an understanding of natural and modified hydrology. Such cases call for coupling remote sensing data with extensive ground truthing and incorporating information from multiple sources.
67. According to the Government of India notification, 2022 named National Decadal Wetland Change Atlas, providing data on wetland, the area 2 or greater than 2.25 hectare are estimated as a wetland, under the minimum mapping threshold of 2.25 hectare, thus, administration has to take action according to the above parameter, recognized by the Government of India and remote sensing agency, NASA.
32 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
68. We find the situation to be extremely unsatisfactory. There appears to utter neglect of constitutional obligation by the State Authorities, to the prejudice of environment and public health. Dumping of bio- medical and other waste and discharge of untreated sewage into the water bodies is a great hazard to public health and crime under the law of the land. Such water may be consumed by human or other living beings and also used for irrigation, affecting food safety, apart from damaging the flora and fauna in the area, including the aquatic life. Discharge of sewage is also blatant contempt of Supreme Court directions in Judgment dated 22.02.2017 in Paryavaran Surakha Samiti vs. Union of India, (2017) 5 SCC 326. Further, encroachments involve violation of statutory Rules, particularly Rule 4 of the Wetland (Conservation and Management) Rules, 2017. There is also undoubted violation of Water (Prevention and Control of Pollution) Act, 1974, Environment (Protection) Act, 1986 and Rules framed, Madhya Pradesh Town and Country Planning Act, 1973, Madhya Pradesh Municipal Corporation Act, 1956 and Master Plan 2005. Any construction in catchment area upto 50 mtrs of the drain is illegal. The enforcement of Rule 4 for protecting the catchment area is not dependent on title to the property and even an owner is not permitted to raise construction in such 'No Construction Zone'. The lawlessness prevailing, as depicted from undisputed documents and findings in the reports of the statutory authorities need to be remedied on war footing by stringent action with the involvement of higher authorities of the State so as to enforce rule of law and restore environment and protect public health. Measures to be taken may include management of sewage by way of treatment and reuse. Help of Industries, who may use treated sewage for industrial purposes, may also be explored on 33 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
such pattern at some places. This may require laying of pipelines to connect treated sewage to the industrial area, if adequate treatment facilities are not otherwise available with the Corporation. Demarcation of catchment area needs to be ensured with reference to the revenue record and summary action needs to be taken to remove encroachments and instead to develop green belts along the drains, lakes and the Wetland. Further, the lakes need to hold sufficient water and lake water quality has to be maintained at least which may allow aquatic life to thrive. This is constitutional obligation of the State. Since inter-departmental coordination issues arise and matter has remained neglected for long, including for about four years, inspite of pendency of the matter before the Tribunal, oversight and involvement of highest administrative authority in the State has become necessary.
69. This Tribunal considered the encroachment in the lakes in the Madhya Pradesh and vide order in O.A. No. 57 of 2024 (CZ) directed the authorities as follows :
"108. Accordingly, we direct the Chief Secretary, Madhya Pradesh to forthwith call a meeting of concerned Departments particularly Public Health, Irrigation, Environment, Urban Development and Revenue Departments. The Environment Department can be the nodal agency, unless otherwise directed by the Chief Secretary. Apart from the said concerned Departments, the statutory regulators - the State PCB and State Wetland Authority may also be associated. The meeting may take cognizance of the grim situation and prepare a broad roadmap for the course of action to be adopted with stringent timelines, budgetary support and identified and accountable authorities for 34 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
performing the tasks identified and also monitoring mechanism. The joint Committee may ensure compliance of rule of law, protection of environment and public health and restoration of public assets from the encroachers, acting in collusion with concerned authorities, to the detriment of public interest. It may be ensured that henceforth no illegal constructions take place, pending action against the past violations. Wherever found necessary, CCTV cameras be installed. Water quality of water bodies be restored by preventing dumping of waste and discharge of effluents/sewage. Water quality monitoring has to be on regular basis, exploring possibility to keep water bodies aerobic for maintenance of oxygen and for atleast Standard Water Quality criteria. It is sad to note that Health providers appear to be spreading diseases by dumping biomedical waste in water bodies, as found by the statutory regulators in the reports filed before this Tribunal. Health care establishments need to have either captive social and liquid water management facilities or common facilities in accordance with Bio-Medical Waste Management Rules, 2016.
109. We are also disappointed with the attitude so far adopted by the State PCB in not levying realistic compensation as per law laid down by the Hon'ble Supreme Court inter-alia in M. C. Mehta & Anr. v. Union of India, Sterlite Industries (India) Ltd. v. Union of India1, Goel Ganga Developers India Pvt. Ltd. v UOI and Mantri Techzone Pvt. Ltd. V. Forward Foundation and Ors. 2. The 1 (2013) 4 SCC 575 2 2019 SCC online SC 322, Para 43-47 35 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
compensation must include element of deterrence with reference to the financial capacity of the violator, considering cost of restoration and other factors which in the present case have been ignored for reasons best known to the State PCB. Wetland Authority appears to be disregarding its statutory obligation under Rule 4 of the Wetland Rules, 2017 of demarcating the wetland and maintaining the catchment area free of encroachment.
Similar failures are patent on the part of the Municipal Corporation and other concerned authorities. We hope the statutory authorities will realize their constitutional and statutory obligations under the 'Public Trust Doctrine' of protecting the water bodies/lakes/wetlands in question and taking meaningful stringent action against the violators, including the hospitals who instead of providing health facilities have become source of destroying the health of a citizens and are not being made accountable for reasons best known to the authorities. The violators in question may be given last opportunity of compliance, failing which the consents granted to them may be cancelled and criminal cases registered against their managements, as per law.
110. Since, we are directing the statutory authorities to exercise their statutory powers following due process, we do not consider it necessary to issue notice to individual violators who have remedy of approaching this Tribunal by way of an Appeal or otherwise, if they are aggrieved. Various directions of this Tribunal have already been quoted in detail in earlier orders of this Tribunal and are not being repeated.
36 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
111. It is also made clear that public hearing to the encroachers has to be of summary nature in the form of written submissions and record which can be verified from the Revenue Department in a joint meeting of concerned authorities, followed by summary procedure with police help under the relevant statutory provisions, for protecting the assets of the State and protection of environment and public health.
112. The Principal Secretary (Environment) and Principal Secretary (Urban Development), Madhya Pradesh may file a consolidated action taken report mentioning the steps taken by various authorities within three months by e-mail at ngtczbbho- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The report inter- alia may include the status of :-
i. Sewage treatment and utilization, including in-situ remediation.
ii. Interception and diversion of sewage/sullage drains to STP and returning completely treated water for recharging of water bodies to maintain water levels, maintaining water quality.
iii. Maintaining flood plain level of lakes free from any further encroachments and removing existing encroachments, as per directions given above, to enforce the law of the land.
iv. Regular Monitoring mechanism to oversee progress of execution in tandem with State Level Wetland Authority. 37 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
V Steps for mass awareness, involving citizens in conservation programme.
vi. It will be personal responsibility of the State Wetland Authority and the head of the Municipal Council/Municipal Corporation to protect the wetland within the State and to ensure that there should not be any encroachment and in-
case of any encroachment, it should be personal responsibility of these officers to remove the encroachments. vii. The State Wetland Authority may call an inventory from all the districts where wetland is situated with the present status, encroachment and the manner of protection, capacity to retain the water and measures required to be taken for improvement of the retaining capacity of the water. A necessary action must be taken to protect the water body and to enhance the retaining capacity of the water by appropriate means and measures to be taken by the State Wetland Authority. A periodical monitoring and report at the interval of three months be submitted to the State Wetland Authority and Principal Secretary (Environment) for taking further necessary actions.
viii. Any construction within the wetland, water body, pond must be restricted and prohibited immediately and no STP construction should be permitted in future, even if continuing within the area of the wetland within the State without due approval of Wetland Authority.
113. The report may also be placed on the website of the State PCB for being accessed by all stakeholders for their comments 38 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.
and response and the report of the State PCB with action taken report may be filed before the Registrar of this Tribunal within six months, and in-case with the orders shall not been complied with or there are any violations the Registrar with its note will put up before the Tribunal for further consideration.
70. Accordingly, we direct that the directions issued in O.A No. 57 of 2024 in addition to the directions issued by the Hon'ble Supreme Court of India passed in W.P. (C) No. 304 of 2018 titled as Anand Araya vs. Union of India & Ors. must be strictly observed with in letter and spirit and Secretary Environment have to ensure that directions are being strictly complied by the District Authorities. The boundary demarcation, ground truthing, protection of wetland should be done within the time frame as directed by the Hon'ble Supreme Court of India and the area with the name of the lake must be uploaded on the website MPSeDC as decided by the State Government.
71. We further direct the Municipal Corporation Indore and District Administration to immediately stop the illegal construction within the green belt area of Bilwali lake and to demarcate and protect it according to rules. The water quality must be monitored periodically and if necessary the Municipal Corporation must install aeration system in the Bilawali lake
72. With these observations the Original Application No. 144 of 2025 along with pending I.As, if any, stand disposed of.
Sheo Kumar Singh, JM Prashant Gargava, EM 07th April, 2026, Original Application No.144/2025(CZ) K 39 O.A. No.144/2025(CZ) Rupesh Patidar Vs. Madhya Pradesh Pollution Control Board & Ors.