National Green Tribunal
Rahul Sharma vs State Of Madhya Pradesh on 28 January, 2026
Item No.08
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.105/2025(CZ)
(Earlier O.A. No.337/2025-PB)
Rahul Sharma Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 28.01.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
For Applicant (s): Dr. Subhash C. Pandey (for applicant)
For Respondent(s) : Mr. Prashant M. Harne, Adv. for State of MP
Ms. Parul Bhadoria, Adv. for MPPCB
ORDER
1. The matter of scientific conservation to revive the river Betawa and its natural resource of water and discharge of untreated water and removal of illegal encroachment has been raised in this application.
2. During the course of hearing this Tribunal constituted a committee consisting the Members of the CPCB, one representative from the Collector, Raisen and one representative from the State Pollution Control Board to submit the factual and action taken report.
3. The members of the committee visited the site and submitted the report as follows:-
i. "Destruction of the Water Source Due to Human Interference • The natural origin point of the Betwa River, which had been continuously flowing for centuries, has been forcibly sealed.
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• Local influential individuals have covered the water source with soil, debris, and concrete, leading to a complete blockage of the river's natural flow. • This is a clear violation of the Water (Prevention and Control of Pollution) Act, 1974, and the Environment Protection Act, 1986.
ii. Illegal Deforestation Near the Source • Hundreds of trees, which played a crucial role in preserving Betwa's water flow, are being rapidly cut down, leading to an alarming depletion of groundwater levels.
• This is a direct violation of the Forest Conservation Act, 1980, and will result in increased soil erosion, further disrupting the river's natural course.
iii. The Inseparable Link Between Rivers and Trees • The roots of trees help in water retention and play a crucial role in maintaining the river's water source. • Due to large-scale tree cutting, the ability of the region to retain rainwater has been destroyed, posing an even greater threat to Betwa's uninterrupted flow. Observations:
Following are the few major observations of the committee recorded on the day of visit:
• Multiple Point Sources at Origin Apart from the already marked and delineated point source of Betwa River at Jhiri, and one other natural point sources that remain perennial and remain continuous source of fresh water visited by committee. Sarpanch of 2 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
village jhiri and other people informed that there is possibility of few natural sources of water nearby jhiri area. These should also be duly recognized and protected as integral sources of the Betwa River. The concretized origin point which is denoted as "Gomukh" was observed broken. At the time of visit natural flow from "Gomukh" was observed.
• Encroachment and Felling of Heritage Trees Following encroachments were observed at the origin point at Jhiri:-
1. One concrete temple (Area about 20x20 sq. feet).
2. One G.I Steel shade temple(Area about 15x20 sq. feet).
3. One concrete plate form on natural bawadi.
4. One Jhuggi for residential purpose by a baba who look after the above temple.
• As for as cutting of tree is concerned some stumps were found projected from the ground during the visit.
More concrete structures may be avoided. Also, residence of any locals must not be allowed at the place and tree cutting must be prohibited.
• Retention of Origin Site within Forest Department's Jurisdiction Presently, the Betwa origin site at Jhiri falls within a sensitive zone under the jurisdiction of the Forest Department, as part of the Ratapani Tiger Reserve. For the holistic development and conservation of the Jhiri origin site, it is imperative that this area continues to remain under the Forest Department as part of the Tiger Reserve.
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Recommendation:
• It is highly recommended that all the streams other than demarcated origin point should also be duly recognized and protected as integral sources of the Betwa River.
• Although India is a religious country and general public have their religious sentiments around almost all rivers and their origins, it is recommended to keep the sources away from human interference. Nature demand to be in natural way which is the only way to conserve the water quality.
• Therefore, it is absolutely essential to control all unauthorized activities and strictly no more encroachments should allow there. Otherwise, there remains a serious risk of the Betwa origin being damaged or blocked again.
• To prevent human disturbance, it is recommended to install one zigzag (Z-shaped) gate, allowing only pedestrian entry to the Jhiri origin point. This may be done by the Raisen District Administration or the Ratapani Tiger Reserve/ Raisen Forest Department. All vehicles should be restricted to the main road outside. This measure will not only safeguard the Betwa origin sources but will also contribute to better protection of the local wildlife.
• All the concrete structures made within the stream must be demolished with immediate effect by the Forest Department with help of District Administration, Raisen and Police Department. 4 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
Alternative structure may be made out of natural material such as wooden logs, soil etc. • During visit it was informed by Sh. Sunil Bharadawj, Forest Superintendent, Ratapani Tiger Reserve that a comprehensive action plan has been prepared by the Divisional Forest Officer, Obedullaganj for the conservation of origin point of the Betwa River at Jhiri. It is suggested that this action plan which include construction of Percolation tanks (118 Nos.), Boulder check dam (3000.00 Cubic meters), contour and continuous contour trench in 10 beet and plantation by Miyawaki technique (2 hectare) from the origin point, may positively be implemented and adhered with strict compliance."
4. Mr. Subhash Chandra Pandey (Environmentalist) has submitted that the river flows from the Districts Raisen, Vidisha and Nevari (Orccha) and a separate report is required to be called from the district administration through the Collector concerned with regard to water quality pre-flow and post-flow within the territory of the district separately, so that the quality of the water may be examined. It can be done by the State PCB according to rules.
5. While deciding the Original Application No. 71/2023, Kirtikumar Sadashiv Bhatt Vs. Narmada Water Resource & Ors. vide order dated 01.09.2025, we have discussed the water quality and contamination of the river water as follows:-
i. "Contamination of river water with sewage is hazardous for the human population using such water. As per the latest research sewage in the water is linked to highly drug-resistant 5 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
bacteria. The victim of such drugresistant bacteria does not respond to drugs and ultimately dies. The official website of the State of Madhya Pradesh related to Narmada river also mentions various diseases severely damaging human body when the river water is polluted with domestic sewage. It is a common knowledge that polluted water causes ailments like cholera, hepatitis, dysentery etc., apart from causing skin diseases when people use the same for bathing. Two research reports noticed by the Petitioner exposes that the quality of the Narmada water is not fit for drinking or even other domestic uses and causes skin and other diseases. These reports, published in 2011 and 2016 respectively, are based on chemical analysis of water samples drawn from Narmada at Hoshangabad city of Madhya Pradesh.
ii. Due to increase in population, enormous, unregulated and unplanned construction have been done on both sides of River and on the land of River, which is continuous and increasing rapidly. Illegal construction was done on huge scale on banks of river. In some places illegal colonies were developed by the local land mafia encroaching the bank of river causing enormous pollution and disturbing the natural steams of the river. In some places the illegal construction was created in the name of Math or temple, hotels, lodges and the whole wastage of these Math and hotels was directly discharged into the river without any hindrance.
iii. Big challenge for the Narmada is the dumping of untreated industrial waste and civic sewage. A study conducted by the Central Pollution Control Board (CPCB) says that the 160-km long flow of the river from Mandla to Bhedaghat and 80-km 6 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
long flow from Sethani Ghat to Nemawar are highly polluted. The CPCB has declared the entire stretch of the river flowing in Madhya Pradesh Jabalpur District as polluted in its latest 21 report. The paper prepared by Vichar Madhya Pradesh on Narmada River has highlighted that, there are 24 cities that discharge their polluted water without any treatment in the Narmada.
iv. A total of 102 nallahs have been discharging polluted water since years. The report also pointed out the use of chemical fertilizers in farmlands near the Narmada. Illegal sand miners are active in 28 districts of Madhya Pradesh. They use boats and pipeline to excavate sands from water, which is highly objectionable and an unscientific practice. The sand absorbs water and then recharges groundwater too. This practice is destroying the natural process of the river. In a study available on public domain reveals that after the lockdown, the reduced flow of industrial effluents and domestic sewage in the river has made a positive impact on the quality of the water in the river which travels 900 plus Kms. through 14 districts of Madhya Pradesh before flowing into Gujarat. A study of river water samples collected from five ghats of Hoshangabad District, Collectorate, Circuit House, Post Office Sethani and Gwarighat, during lockdown the water quality was found to be improved. The matter is follow up of judgment of the Hon'ble Supreme Court which mandates establishment and functioning of requisite ETPs/CETPs/STPs by 31.3.2018 and in default, to take coercive measures. The judgement also laid down rigid timelines, enforcement mechanism and sources of funding. Even in absence of the said judgement, 7 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
doing so is the mandate of the Water (Prevention and Control of Pollution) Act, 1974. The said Act established Central and State Pollution Board for prevention, abatement and control of rivers and streams and to restore wholesomeness of watercourses and controlling discharge of domestic and industrial wastes. Penalties are provided for contravention of the provisions of the Act. The Constitution of India under Article 243 W read with 12th Schedule entrusts responsibility of ―public health, sanitation conservancy and solid waste management to Municipalities. The Hon'ble Supreme Court held that the States will provide necessary support to such local bodies. This is to be monitored by the PCBs and the Secretaries, Environment in States and thereafter by the NGT. This Tribunal has been accordingly monitoring compliance in the last four years but regretfully with little progress as will be shown by the statistics.
v. As earlier mentioned this matter is follow up of the judgement of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti Vs. Union of India, (2017) (5) SCC Page 326 (supra), directions in the judgment are quoted below:-
"7. Having effectuated the directions recorded in the foregoing paragraphs, the next step would be, to set up common effluent treatment plants. We are informed, that for the aforesaid purpose, the financial contribution of the Central Government is to the extent of 50%, that of the State Government concerned (including the Union Territory concerned) is 25%. The balance 25%, is to be arranged by way 8 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
of loans from banks. The above loans, are to be repaid, by the industrial areas, and/or industrial clusters. We are also informed that the setting up of a common effluent treatment plant, would ordinarily take approximately two years (in cases where the process has yet to be commenced). The reason for the above prolonged period, for setting up ―common effluent treatment plants, according to the learned counsel, is not only financial, but also, the requirement of land acquisition, for the same."
vi. Under Section 17 of the Water (Prevention and Control Pollution) Act, 1974, one of the functions of the State Pollution Control Boards (SPCBS) and Pollution Control Committees (PCC), constituted under the Water (Prevention & Control of Pollution) Act, 1974, is to plan a comprehensive programme for prevention, control or abatement of pollution of streams and wells in the State/UT, and to secure the execution thereof and PCCs are empowered to prescribe stringent standards for discharge of environmental pollutants from industries including Sewage Treatment Plants (SIP's) than those notified by the Central Government and ensure its compliance, under the Environmental (Protection) Act, 1986 and rules framed there under.
vii. Central Pollution Control Board vide its letter No. B-
29016/04/06PC1-1/ dated 05.02.2014 had already issued directions under section 18(1) (b) of the Water Act to the State Pollution Control Boards and Pollution Control Committees for directing categories of highly polluting industries (such as Pulp 9 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
& Paper. Distillery, Nagar, Tanneries, Power Plants, Iron & Steel, Cement, Oil Refineries, Fertilizer, Chloral Alkali Plants, Dye & Dye Intermediate Units, Pesticide, Zinc, Copper, Aluminum, Petrochemicals and Pharma Sector, etc.), Common Effluent Treatment Plants (CETP). Common Bio Medical Waste and Common Hazardous Waste Incinerators, for installation of online effluent quality and emission monitoring systems. viii. STP's have been discharging environmental pollutants directly or indirectly into the ambient water bodies which pose constant threat to cause adverse effect on the water quality and SPCBs and PCCs are also required to ensure installation of sewage treatment facilities and their regular operation in the areas under their jurisdiction and continuous monitoring is essential to regulate and minimize inspection of STPS on routine basis and also to inculcate habit of self-monitoring mechanism by the STPS to ensure compliance of prescribed standards and transmit data of effluent compliance to SPCB/PCCs and CPCB on continuous basis. This can be achieved by installing online effluent monitoring devices."
6. The order dated 01.09.2025 passed by this Tribunal in Original Application No. 71/2023(CZ) directing the respondents to do the needful as follows :-
(1) The Respondents are directed to ensure that there will not be any discharge of untreated water, chemical water or sewage water into the river Narmada or any other river within the State and remedial measures must be taken immediately to ensure the completion of the STP within time frame where it is not completed.
10 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors. (2) Floodplains zoning must be regulated and the floodplains must be demarcated, kept free from any permanent developments and wherever it is possible, it should be restored to its original position. Keeping in view the fact that various developments have taken on the floodplains of the river and to a larger extent they have adversely affected the river flow, its ecology and biodiversity, we direct that the floodplain zoning should be taken with reference to the flood of once in 25 years as against the other suggested figures or granted by the State Government of more years. We direct the Respondents to demarcate the floodplains on this basis immediately, to protect it from any encroachments, or development activities, which has already been discussed and guided by the various High Powered Committees to avoid the adverse effects on the ecology and the environment.
(3) The Respondents are directed that discharge of untreated effluent of domestic sewage and solid waste in the river shall be restrained permanently and use of poly carry bags and plastic materials within 100 meters in the vicinity of the river shall be banned. The Forest Department should make sure that there is no cutting of trees on the river banks. The Municipal Corporations of town constituted along with river Narmada shall carry out an exercise with regard to encroachments and unauthorized constructions and shall ensure that no such new permissions for constructions along the river bank shall be granted.
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(4) The Respondents are also directed that in view of the ground water levels, to submit a comprehensive scheme for water management in the Narmada Valley both of surface water in the streams as well as underground water. No illegal mining of sand and other mineral be permitted from the river bed and No brick kilns be allowed to be established in the vicinity of the river. No fishing by illegal means be permitted including by use of chemicals, electrocution etc. and proper arrangement for cremation along the river bank of the river Narmada at safe distances must be ensured.
(5) The MPPCB is directed to monitor and submit action taken reports as well as analysis reports of the water quality in the river Narmada. The industries such as - Security Paper Mills at Hoshangabad be directed not to discharge untreated effluent into the river Narmada and proper steps be taken by the Narmada Valley Development Authority (NVDA), the EPCO and SEIAA, for protection of the river Narmada which is a sacred river to all for its conservation and keep it environmentally clean and steps must be taken for preventing soil erosion. (6) The Urban Administration & Development Department shall take stringent action and steps for controlling and preventing solid waste going into the river Narmada and the bio-diversity of the local flora and fauna in the river valley of the river Narmada be preserved.
(7) We reiterate the directions issued in Execution Application No.01/2021(CZ) and observe that there is need for compiling annual progress report in terms of water quality by reducing pollution load and the progress should be evaluated depending 12 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
on extent of reduction of pollution load in comparison to the arial barrier and such progress report should be put in public domain and appropriate action should be taken by the Collector on the basis of the report submitted by the competent authority; action plans for reuse of treated water should be finalized and prepared expeditiously and the treated water should be utilized for gardening purposes, agricultural purposes, industrial purposes or any other purposes which may be decided by the Expert Body; the STPs which are non- operational must be improved and process of improving must be expedited and wherever old STPs are under operation on UASB technology, they may be upgraded to SBR technology or other latest and effective technology.
(8) The State Respondents shall take steps to address gaps in generation and treatment of sewage/effluents by setting up functional STPs, CEPTs and ETPs in the State. However, city- wise evaluation of requirement of STPs/CEPTs / ETPs has to be done by the District Collector and to be reported to the Monitoring Committee at the State Level; the capacity utilization of existing STPs may be improved by identifying the bottlenecks and plugging them in each case and the operation and maintenance of STPs/CEPTs/ETPs and their respective distribution system should be improved for optimum results and the working of operators under one city one operator scheme needs to be continuously evaluated and this evaluation may be linked with the payment and renewal system and this method and manner should be considered by the Collector or the State Monitoring Committee.
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(9) The progress of in situ remediation as an interim measure must be taken into account and the e-flow of the river should be maintained; the action must be initiated against the polluting industries with issuance of show cause notices to the defaulters and by way of realizing the Environmental Compensation to be imposed and calculated on the parameters laid down by this Tribunal/by the State Pollution Control Board. (10) The Irrigation Department is directed to coordinate with the Forest Department of the State to identify the vacant areas/flood plain zone on the bank of the river Narmada stretches which may be developed as green belts; an Action Plan in this regard may be submitted by the Irrigation Department to the Forest Department within a time frame to be decided by the Principal Secretary (Environment) and action must be taken on this point; the Action Plan should be prepared and acted upon on the points of source control of pollution/domestic sewage, industrial pollution, channelization, treatment, utilization and disposal of treated domestic sewage, river catchment, basinmanagement controlled ground water extraction and periodic quality assessment, flood plain zone, ecological/environmental e-flow and matter should be monitored at the Chief Secretary level or any other authority to be decided by the Chief Secretary.
(11) The recommendation of the Joint Committee for exploring the possibility of utilization of treated effluent of Gauri Ghat STP for plantation and other purposes or Zero Discharge condition 14 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
must be acted upon by the Collector; the STPs which are under construction must be completed within the stipulated time. (12) The State Pollution Control Board is directed to regularly monitor the compliance of the orders and rules and in case of non-compliance, necessary prosecution must be initiated, in addition to the realization of environmental compensation and the Collector concerned is directed to take necessary action to protect and demarcate the water bodies, flood plain zones and also to ensure that there should not be any encroachments and if it is found, necessary action must be initiated for removal of the said encroachments.
(13) In view of the above report submitted by the State PCB, in all the districts the STP has either been completed or under process of completion and in most of the districts it is in operation, thus environmental damage which has been assessed by the Stat PCB shall stands adjusted against the cost of the construction of STP and the notices issued by the State PCB for the recovery of the environmental damage (since adjusted against the construction of the STP) stands discharged and no coercive steps shall be taken against the Municipal Councils/Corporations for past violations after construction of STPs.
(14) Chief Secretary or the Officer nominated by the Chief Secretary not below the rank of Principal Secretary shall monitor this entire action plan and its operation in coordination with Principal Secretary (Environment), Water Resources Department, State PCB, all the District Magistrates, and to ensure the proper discharge of sewage/untreated water into the 15 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.
water bodies according to parameters laid down by the CPCB only after treatment facility and also to ensure demarcation of floodplains and further to ensure the removal of encroachments from the floodplain zones and its compliance. Committee may be convened at the interval of three months to take action and remedial measures.
7. We reiterate that the report on the same parameter may also be submitted by the District Magistrate concerned within three months.
8. Revival of water flow in Betwa river is main issue which is to be handled in most scientific manner for the very survival of the river. It is, therefore, essential to prepare district-wise action plan for the catchment areas of Betwa river falling in the various districts for improving the water flow by taking up vegetative measures as well as soil & moisture conservation works in most intensive manner. These measures will improve the flow of surface and sub-surface water and thereby enhancing the water flow in the river.
9. It is very important to act promptly to improve water flow from origin of Betwa river located in Jhiri village, even though the catchment of the origin of the river at Jhiri falls in Ratapani Tiger Reserve which is a protected area but still there are areas which are devoid of any vegetation and needs immediate intervention. A separate action plan is required to be prepared immediately for taking up plantation and SMC works in the said area. Emphasis should be given to mixed plantation having representation of various native species of top canopy, middle canopy, herbs, shrubs and grasses. Mixed plantation plays a very important role in improving surface water and sub-surface water flow in the catchment. Soil and moisture conservation works should include continuous contour trenches, scattered contour trenches, loose boulder contour stone dykes, loose boulder check 16 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors. dams, gully plugging, percolation tanks etc. These works improve the percolation of water during rains by reducing the velocity of runoff to a considerable extent.
10. Similarly, the catchment treatment of Betwa river falling in other districts of the state is also required to be treated on the similar lines as mentioned above and hence the action plan of each district is to be prepared involving stockholders departments i.e. Forest Department and revenue Department for treating the open patches of catchment falling in forest and revenue areas though plantation and soil and moisture conservation works. In these districts wetland improvement works and removal of blockages in the drains within the catchment area should also be taken up on urgent basis to achieve the results faster. Treatment of such areas is required to be planned to complete in phased manner within three years in highly sensitive priority areas depending on topographical and edaphic and biotic factors. Forest Department will act as nodal department. Principal Secretary Environment & Forest is directed to ensure that action plans are ready within a month and see that Action plan for treatment of catchment area of origin (Jhiri) is implemented this year only and hence necessary advance works for plantation & soil and moisture conservation works are completed before monsoon. Plantation to be completed within 15 days after beginning of the monsoon for best results under the direct supervision of Deputy Conservator of Forests concerned. Similarly, the treatment of catchment area in all the other districts of phase-I to be completed before end of this monsoon and rest of the works will be completed during 2027 and 2028 in phased manner. It is to be ensured that Chief Conservator of Forests of the area, monitor these works at regular interval for effective implementation. Change in the water flow is also required to be recorded and monitored after monsoon for evaluation of the efforts made. Principal Secretary, 17 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors. Environments & Forests is directed to ensure the submission of report of necessary compliance in this regards before next date of hearing.
List it on 15th April, 2026.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 28th January, 2026 OA No.105/2025(CZ) PN 18 O.A. No.105/2025(CZ) Rahul Sharma Vs. State of M.P. & Ors.