National Green Tribunal
Navendu Mishra vs Municipal Corporation Of Seoni on 23 July, 2025
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 154/2023(CZ)
(I.A. No. 99/2024)
IN THE MATTER OF :
Navendu Mishra
Girja Kund Subhash Ward,
Seoni (M.P.)
Applicant(s)
Versus
1 Municipal Council of Seoni
Nagar Palika Chowk, G.N. Road,
Seoni (M.P.).
Respondent No. 01
2 Government of Madhya Pradesh
Through District Collector
Collectorate Seoni (M.P.) Respondent No. 02
3 District Collector, Seoni
Collectorate Seoni (M.P.) Respondent No. 03
COUNSELS FOR APPLICANT(S):
Mr. Navendu Mishra - Applicant in Person
COUNSELS FOR RESPONDENT(S):
Mr. Prashant M. Harne, Adv
Ms. Parul Bhadoria, Adv.
Mr. Deepak Awasthi, Adv.
Mr. Mehul Bhardwaj, Adv.
Mr. Rohit Sharma, Adv.
Mr. Naveen Ahuja, Adv.
Mr. Vinod Nayak , Adv.
Mr. Mahesh Kumar Wattee
Mr. Sant Kumar Marskole (Gond Samaj)
1
O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Date of completion of hearing and reserving of order : 14.07.2025
Date of uploading of order on website : 23.07.2025
JUDGMENT
1. The grievance of the applicant against the respondents are flouting the settled environmental principle and violating the norms by carrying out illegal permanent construction in Dalsagar lake of Seoni City in Seoni District Madhya Pradesh, which is registered as wetland under wetlands protection and management rules 2017. The non applicant initiated the permanent construction of a foot over bridge between the land and the central island of Dalsagar Lake, Seoni City in District Seoni, M.P. to facilitate this construction, the Municipal Counseldismantled the peripheral boundary of Dalsagar, to completely drain all the water. The construction of this permanent foot over bridge is a gross violation of the wetlands protection and management rules 2017, as Dalsagar lake comes under National Wetland List at Number - 1202.
2. Dal Sagar Lake also known as Dal Sagar Talab is a manmade lake. It is an inland lake situated in the heart of Seoni city having GPS coordinates as (latitude:22.2001, Longitude:79.4042). It has a total area of approximately 18.0 hectare. A small island is located in the middle of this lake. This lake falls under the jurisdiction of the Municipal Counsel Seoni.As per the National Wetland atlas prepared by Space Application Center, ISRO and maintained at VEDAS 2 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. (Visualization of Earth Observation Data and Archival System) Portal, it is an inland manmade pond of area 17.5 Hectare and has wetland code 1202, which is also mentioned in the petition but it is not included in the state wetland list prepared by the state wetland authority. As per the inventory of wetlands (>2.25 ha) of Seoni district (M.P.) prepared as per the guidelines for preparation of inventory of the wetlands (conservation and management) rules ,2017, it is an entry no. 53 with wetland code 234560394 having area 18.31 hectare and situated within the jurisdiction of Municipal Counsel Seoni. Though it is not a Ramsar Site as per the Ramsar convention.
3. Municipal Counsel Seoni came up with the plan to install a statue of 16th century Gond King Raja Dalpat Shah on the island. In order to connect the island with main land and for the ease of the visitors, a Foot Over Bridge (F.O.B.) Construction work was started at the site approximately six months ago. Subsequently a case was filed before the NGT.
4. The matter was taken up by this Tribunal and notices were issued to the respondent. In compliance thereof, the reply by the respondents has been filed. During the course of hearing, this Tribunal constituted a committee to submit the factual and action taken report and State PCB was directed to submit the action taken report. In compliance thereof, the report of the joint committee, response on the committee report, and the action taken report has been filed by the respondents. Heard the argument of the Learned Counsel for the parties and perused the record.
3 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
5. The contention of the Learned Counsel for the applicant are that, the Dalsagar Lake has been notified as a wetland and falls under the jurisdiction of the state Wetland authority of Madhya Pradesh, as per notification no-1202-year 2019, issued under the Wetlands (Conservation and Management) Rules 2017. A small island located in the middle of this lake provides shelter and breeding ground for a variety of birds, reptiles, and other creatures, including winter migratory birds. Unfortunately, this fragile ecology of island has been damaged by cutting of trees and the construction of concrete foot over bridge by the Municipal Council of Seoni (M.P.). This lake provides habitat and food for creatures living in lake and island as well. These creatures filter out pollutants to keep the water clean, and the trees along the lake boundaries provide shade to keep the water cool for fish and water bugs.
6. The contractor is using heavy machinery on the lake's ground. And to facilitate the smooth movement of these machineries temporary road have been made , which are causing damage to the natural surface of Dalsagar Lake. These machineries are also being used on the island, resulting in the destruction of the sensitive ecology of the island and its biodiversity, including the loss of several-year-old trees. For a long time, Dalsagar Lake was home for several aquatic species and was used for fish farming. During this entire process, the habitat for these aquatic species was completely destroyed.
7. The members of the joint committee after visiting at the site submitted the report with the legal provisions as follows :- 4
O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
"Legal Provisions for the conservation and managements of the wetlands: -
Being a signatory of Ramsar convention, 1971, India has come up with the rules to preserve and regulate the wetland, so as to maintain their ecological characteristics. Subsequently, the MOEF&CC, New Delhi notified the Wetland (Conservation and Management) Rules, 2017 dated 26.09.2017 in official Gazette.
▪ As per the rule no. 4(2)(vi) of the Wetland (Conservation and Management) Rules, 2017 "any construction of a permanent nature except for boat jetties within fifty meters from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules"
▪ Also, as per the order of the Hon'ble SC in the case no. WP (civil) No. 230/2001 M.K. Balakrishnan vs Union of India dated 08.03.2022 and office memorandum issued by the GOI, all the wetlands situated within the respective district boundaries having area (> 2.25 hectare) shall be protected under rule no. 4 of the Wetland (Conservation and Management) Rules, 2017. ▪ In light of the aforementioned, it is proposed that wetlands larger than 2.25 hectares be conserved in accordance with Wetland (Conservation and Management) Rules, 2017, Rule No. 4. Thus, the Dal Sagar Lake, which has a surface area of about 18 hectacres, shall likewise be protected by the same regulation. Copy of wetland rules and office memorandum issued on date 08.03.2022 by MOEF&CC is enclosed.
5 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
Field Observations: -
During the visit of committee various observations and statements were recorded as Panchnama, the "Sthal Nirikshan Panchnama" is enclosed.
Point-wise facts based on the documents submitted, field observations and the public statements are as follows: -
• During the visit approximately 30% of the total wetland area was found to be filled with water. During inspection it seems that water would have been drained out for the purpose of construction of foot over bridge (F.O.B.) • It was observed that, there is a vegetation/shrubs growth in the dried area of the lake post draining out. • During the inspection, it was discovered that the lake had been fenced off.
• It was observed that the Municipal Council Seoni had given the permission and issued the tender to construct 385 m long F.O.B. connecting MPT chaupati and Central Island, on which a 25-feet stone statue of Gond king Raja Dalpat Shah would be constructed.
• An unmetalled road has been constructed parallel to the under-construction foot over bridge, connecting main land and Central Island.
• A twenty-five-foot statue of Raja Dalpat Shah was discovered during an inspection and will be erected on the island.
• It was noted that a cement concrete base for the statue's planned installation was being built.
6 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
• Since the construction of F.O.B. is a time taking process. Therefore, for the ease of transportation of materials to Central Island of lake, the Non applicant had constructed an unmetalled road parallel to the Under Construction F.O.B. connecting MPT chaupati and Central Island.
• During inspection it was found that a drain discharging untreated effluent directly meeting into the Dal Sagar Lake. Furthermore, small amounts of trash and plastic waste that originate from drains were observed near the lake and drain intersection.
• It was observed that municipal council seoni has not constructed any sewage treatment plant for seoni city till date.
• During the inspection, CMO Seoni submitted permission related documents and documents related to granted funds for the foot over bridge and statue, a copy of which is provided.
• The committee has revisited the site on dated 04.01.2024, during inspection it has now been observed that the untreated water earlier meeting into lake has been stopped.
Technical details of F.O.B. as observed by the M.P.P.C.B.: -
• The aforesaid F.O.B. is a deck type bridge. It is of the length approximately 385 meters. It has 17 piers and 2 abutments. The construction work of F.O.B. is in process and all the piers have been raised. Water sampling: - Following the committee's site inspection, a junior scientist from M.P.P.C.B. conducted the sampling and collected two samples, one from the drain and the other from 7 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
the Talab. The important parameters of analysis report are as follows: -
Parameter Unit Sample 1: Sample 2:
Accumulated Drain meeting
water of Dal into Dal Sagar
Sagar Lake Lake
pH - 7.51 7.29
D.O. mg/l 5.80 -
B.O.D. mg/l 4.40 34.0
Suspended mg/l 58.0 108.0
Solids
C.O.D. mg/l 30.0 160.0
Dissolved Solids mg/l 320.0 584.0
The analysis report showing various parameters is also being enclosed.
Action taken by the M.P.P.C.R.:-
• The board had issued the notice on dated 24.11.2023, to the municipal council Seoni, to impose Environmental compensation for discharging untreated effluent in the lake. • A Criminal Court case has been filed under section 24, 25, 43 & 44 of water (prevention and control of pollution) Act, 1974 against Municipal council Seoni Recommendations:
• Municipal council, Seoni shall construct Sewage treatment plant for the treatment of the domestic effluent of sufficient capacity.
• To improve the aesthetics and water quality of the lake, fountains shall be installed by the Municipal Council Seoni. • Since the majority of the lake's surface is dry, the lake needs to be cleaned and desilted • Municipal council Seoni shall take effective steps for the rejuvenation of the lake."
8 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
8. After hearing the parties vide order dated 08.01.2024 this Tribunal observed as follows :-
1. The activities carried out in the wetland is in violation of notification dated 26.09.2017 issued by MoEF&CC which provides that many wetlands are threatened by reclamation and degradation through drainage and landfill, polluting the discharge domestic waste and solid waste and there are cases of over exploitation of natural resources resulting in loss of bio-diversity.
Accordingly, in Section 4 following activities have been declared to be prohibited within the wetland.
"4. Section 4 (2)
(i) conversion for non-wetland uses including encroachment of any kind;
(ii) setting up of any industry and expansion of existing industries;
(iii) manufacture or handling or storage or disposal of construction and demolition waste covered under the Construction and Demolition Waste Management Rules, 2016; hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms Genetically engineered organisms or cells, 1989 or the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008; electronic waste covered under the E-Waste (Management) Rules, 2016;
(iv) solid waste dumping;
(v) discharge of untreated wastes and effluents from industries, cities, towns, villages and other human 9 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
settlements;
(vi) any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules; and,
(vii) poaching."
2. There are provisions of wetland authority in Section 5 and constitution of National Wetland Committee and without the recommendations of the committee, State Government duly approved by the Central Government, no activities can be permitted to be continue within the wetland as provided under Section 4 of the notification.
3. In view of the above, we direct the respondent to strictly comply Section 4 of the wetland rules and to ensure that there will not be any encroachment on wetland, there will not be any construction activities, discharge of untreated water or throwing of the garbage or solid waste or plastic waste in the waterbody/wetland.
4. The report reveals that there are serious violations of environmental rules, the water is totally drained out by the use of pumps, nallah/drainage system has been diverted towards the wetland, contaminating the water quality and without the sanction and approval according to the rules, the Municipal Corporation has acted in violation of notification dated 26.09.2017 violating the 10 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
Wetland Rules. Accordingly, the State Pollution Control Board is further directed to communicate the Municipal Corporation to immediately take necessary action and strictly observe Rule 4 and prohibit immediately the prohibited categories of constructions and activities as provided in Section 4 of the Wetland Rules and State Pollution Control Board is further directed to calculate the environmental compensation and realise according to rules and to submit further action taken report before this Tribunal within three weeks.
5. It is surprising that the authorities / municipal corporation to whom the responsibility to maintain the Rule of Law as given are directly or indirectly violating the rules and acting in violation of notification as quoted above."
9. Compliance report on behalf of Municipal Council, Seoni, respondent no. 1, has been filed taking the stand that the decision to install a statue of Raja Dalpat Shah on the lake was taken by the Jila Yojna Samiti and that the fund was sanctioned by Vidhayak Nidhi and permission was granted by the Collector, Seoni to install the statue of Raja Dalpat Shah and for construction of pathway to reach the Island where the statue was to be installed. After the internal communication, NIT was floated to construct the foot over bridge.
10. The compliance report of Municipal Council, Seoni states about following corrective measures:
11
O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
"CORRECTIVE STEPS.
1. The answering respondent has taken following corrective steps in compliance of the Report submitted by the M.P. Pollution Control Board and directions issued by the Tribunal :-
a) That, on 11.01.2024, the letter is issued to the Contractor to stop the construction work in the Dal Sagar Talab, till further orders.
b) That, the Drain/Nala, situated near the Rain Basera, which was meeting into Dal Sagar Talab, has been completely closed and now no Untreated Water is being discharged in the Talab.
c) That, Municipal Council has taken extensive drive for disilting of Talab and for removal of thrash and Plastic and also the vegetation, covering the Talab.
d) That, on 16.01.2024, the answering respondent has informed the Regional Officer, M.P. Pollution Control Board, Jabalpur, regarding the steps taken, in compliance of the orders passed by the Tribunal.
e) That, it would be proper here to brought to the knowledge of this Tribunal that an amount of Rs.6,31,14,987/- (Rupees Six Crores Thirty One Lakhs Fourteen Thousand Nine Hundred & Eighty Seven only) have been sanctioned under the Chief Minister Infrastructure Scheme for Musical Fountain 12 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
& Sound System alongwith0.6.. number of Jet Fountain and a Gallery on the open pillars, is also proposed to be constructed along side the banks of Talab, to view the Musical Fountain and Sound system. Looking to the fact, that as the issue is pending before this Hon'ble Tribunal, no further steps is being undertaken unless the Hon'ble Tribunal approve the installation of Musical Fountain, Jet Fountain and the Gallery. The copy of relevant documents in relation to the Musical Fountain, Jet Fountain and Gallery are collective being filed herewith.
2. That, in view of abovementioned facts, it is sufficiently clear that the Municipal Corporation, has acted as per the recommendation of the Jila Yojana Samiti and the directions issued by different State Authorities for construction of Foot Over Bridge and installation of Statue. It is clear that the Municipal Council, has not allocated any amount for the work in question and all the amount has been sanctioned and provided by the state authorities in view of the recommendations made by the Zila Yojna Samiti. The work in question was started after approval and sanction by the state authorities and thus no fault is lies with the municipal counsel and it has worked as an executing agency only."
13 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
11. The above corrective steps do not indicate any action to remove the construction which has already been raised in violation of Rule 4.
12. The District Collector has constituted a committee of administrative/executive officers and after examining the site they have submitted the report that foot over bridge is being constructed and the water of the lake has been discharged by use of pumps and there are slabs in the middle of the lake.
13. It is further submitted that the direction of the discharge of the Nallah has been diverted towards the pond side, resulting the discharge of untreated water towards the lake. In the action taken report submitted by the State Pollution Control Board it has been submitted that the District Magistrate, Seoni has directed the Chief Municipal Officer, Seoni to stop the on-going construction activities at Dal Sagar Lake, and further measures are being taken to prevent the discharge of untreated water/sewage water into the Dal Sagar Lake. It is further submitted that State PCB has calculated the environmental compensation and notice has been issued for the payment.
14. Learned Counsel for the State Pollution Control Board, Ms. Parul Bhadoria, has cited the directions for calculation of environmental compensation which was directed by this Tribunal in O.A. No. 74/2022 (CZ) titled Mr. Rashid Noor Khan vs. BMC & Ors. The directions are as follows :-
"45. We direct the respondent to strictly comply Section 4 of the wetland rules and to ensure that there will not be any encroachment on wetland, there will not be any 14 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. construction activities, discharge of untreated water or throwing of the garbage or solid waste or plastic waste in the water body/wetland.
46. In such matters, we find that real damage to ecology and environment with scientific precision is difficult to ascertain. It is further difficult to measure it very accurately in terms of money. However, this Tribunal is under Statutory duty to seek restoration of degraded environment by applying principal of 'Polluter Pays' and if necessary, can ascertain and assess the damage in terms of money. In assessing environmental compensation, objective consideration involving some element of subjective satisfaction. due to very nature of functions to be performed by this Tribunal, have to be followed. In the entirety of the facts of this case, in our view, an interim compensation of Rs. One Crore should be directed to be paid by respondent 1 which shall be utilized for restoration of ecology and environment and if any further amount is required, the same later on can be demanded and realised by MPPCB from BMC.
47. In view of the above discussion, OA is hereby allowed. Respondents, and in particular respondent 1, is restrained from going ahead with raising of any permanent construction over the site in question. RCC pillars, to the extent construction has already been raised, shall be demolished within one month from today. 15 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
Since permanent construction at the prohibited site has caused damage to the site and requires restoration of the site as also restoration of the ecology and remediation of damage already done to environment, we impose inter- alia environmental compensation of Rs. One Crore upon respondent 1 i.e., BMC which it shall deposit within three months with MPPCB. The said amount of environmental compensation shall be utilized/spent for restoration of the site in question as it originally was and also for restoration of ecology and environment by preparing a plan. The said plan shall be prepared by a Joint Committee of CPCB, MPPCB, Integrated Regional Office, MoEF&CC and Collector, Bhopal within two months.
48. The amount of environment compensation deposited by respondent I shall be spent within six months of preparation of plan, for restoration of the site and ecology/environment.
49. If the expenses for restoration are more than Rs. One Crore, it will be open to MPPCB to raise demand of such additional amount of environmental compensation from BMC and the same shall be paid by BMC within one month of raising of demand. If the amount of interim compensation of Rs. One Crore, exceeds the actual expenses, the balance amount shall be utilised for maintenance and cleanliness of Bhopal Lake i.e., Bhoj Wetland."
16
O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
15. The submission of the Learned Counsel for the applicant are that there has been no action taken by the Municipal Council, Seoni regarding the encroachment on the banks of Dal Sagar Lake/Talab on the south and west side, and that there are a large number of garages and automobile body-making workshops operating in the vicinity of Dal Sagar Lake/Talab on the western bank within 50 mtr. of the lake boundary. It is further submitted that, there are two liquor shops operating within 50 mtr. of perimeter of Dal Sagar Lake and other items leading to the generation of a significant amount of single-use plastic waste.
16. There are two public toilets operating directly on the ridge or boundary of Dalsagar Talab. Their contaminated water and waste are seeping directly into Dalsagar Talab due to the absence of a sewage treatment plant. The actual fact is that underground pipes have been installed to channel water flow into the talab, which have not been permanently removed, and the flow of water into Dalsagar Talab continues.
17. Regarding the restoration of Dalsagar Lake, there was a canal system connecting the three major talabs of Seoni with Babaria Lake. The overflow water from Babaria Lake was directed to this lake during the monsoon season to fill these lakes with rainwater. However, due to the lack of maintenance of these canals over an extended period, they have suffered destruction and encroachment. Reviving these canals is of utmost importance. No action has been taken by competent authorities to remove the temporary road constructed from the bank of the lake to the central island, facilitating the easy movement of raw materials and heavy machinery used in the construction of the foot 17 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. overbridge. Additionally, a temporary storeroom constructed by the contractor in the middle of the lake has also not been removed. Furthermore, no steps have been taken to dismantle the pillars and the large concrete platform constructed on the fragile island of Dalsagar Lake to install the statue on the island.
18. The Municipal Corporation of Seoni is proceeding with the construction of shops on the ridge or boundary of Budhwari Talab, which is also a wetland spanning over 2.5 hectares. This repeated violation of wetland rules and disregard for Court orders demonstrates intentional disregard for environmental laws by the municipal corporation and the Seoni Collector.
19. The submission of the learned counsel for respondent no. 3 District Collector, Seoni are that the lake was constructed for the primary purpose of supporting irrigation in the surrounding area by Gond King Dalpat Shah, and it is water lake with the only source of replenishment through rain-water. He has justified the construction of statue or monument and utilization of funds allotted by the authorities but no sufficient explanation has been explained with regard to protection of lake and compliance of the provisions contained in Rule 4 of the Wetland (Conservation and Management) Rule 2017. Though it has been stated that the administration is taking all necessary steps to beautify the banks of the lake by undertaking extensive plantation and that necessary actions are being taken to prevent the discharge of untreated water/sewage water into the lake.
18 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
20. During the course of hearing, some applications by the intervener, the contractor of the work has been moved before this Tribunal for the measurement of the construction so that the cost of the labor and other material supplied by the contractor must be paid by the authorities concerned. This Tribunal is not concerned with the contract agreement, however, if there are any expenditures borne by the contractor, the amount must be released according to rules which shall be decided by the administration according to rules.
21. India is endowed with extraordinarily diverse and distinctive traditional water bodies found in different parts of the country, commonly known as ponds, tanks, lakes, vayalgam, ahars, bawdis, talabs and others. They play an important role in maintaining and restoring the ecological balance. They act as sources of drinking water, recharge groundwater, control floods, support biodiversity, and provide livelihood opportunities to a large number of people. Currently, a major water crisis is being faced by India, where 100 million people are on the frontlines of a nationwide water crisis and many major cities facing an acute water shortage. The situation will worsen as United Nations and Niti Ayog reports say that the demand for water will reach twice the available supply, and 40 per cent of India's population will not have access to clean drinking water by 2030. One of the reasons is our increasing negligence and lack of conservation of waterbodies. Since independence, the government has taken control over the waterbodies and water supply. With a colonial mindset, authorities move further and further away in the quest of water supply, emphasing more on networks, infrastructure and construction of dams. This, over time, has led to the neglect of 19 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. waterbodies and catchments areas. As a result, we have started valuing land more than water. In the last few decades, waterbodies have been under continuous and unrelenting stress, caused primarily by rapid urbanisation and unplanned growth. Encroachment of waterbodies has been identified as a major cause of flash floods in Mumbai (2005), Uttarakhand (2013), Jammu and Kashmir (2014) and Chennai (2015). Further, waterbodies are being polluted by untreated effluents and sewage that are continuously being dumped into them. Across the country, 86 waterbodies are critically polluted, having a chemical oxygen demand or COD concentration of more than 250 mg/l, which is the discharge standard for a polluting source such as sewage treatment plants and industrial effluent treatment plants. In urban India, the number of waterbodies is declining rapidly. For example, in the 1960s Bangalore had 262 lakes. Now, only 10 hold water.
Similarly, in 2001, 137 lakes were listed in Ahmedabad. However, by 2012, 65 were already destroyed and built upon. Hyderabad is another example. In the last 12 years, it has lost 3,245 hectares of its wetlands. The decline in both the quality and quantity of these waterbodies is to the extent that their potential to render various economic and environmental services has reduced drastically. Although there are sufficient polices and acts for protection and restoration of waterbodies, they remain insufficient and ineffective.
22. Realizing the seriousness of the problem confronting waterbodies, the Centre had launched the Repair, Renovation and Restoration of Water Bodies' scheme in 2005 with the objectives of comprehensive improvement and restoration of traditional water 20 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. bodies. These included increasing tank storage capacity, ground water recharge, increased availability of drinking water, improvement of catchment areas of tank commands and others. However, in this regard, not much has been seen on the ground.
23. It is of utmost importance for meeting the rising demand for water augmentation, improving the health of waterbodies as they provide various ecosystem services that are required to manage microclimate, biodiversity and nutrient cycling. Many cities are working towards conservation of waterbodies like the steps initiated in the capital city of Delhi for instance. In turning Delhi into a city of lakes, rejuvenation of 201 waterbodies has been finalised. Of these, the Delhi Jal Board (DJB) plans to revive 155 bodies while the Flood and Irrigation Department will revive 46. DJB claims that the aim is to achieve biological oxygen demand or BOD to 10ppm and total suspended solids to 10mg/l. Also the establishment of the Wetlands Authority by the Delhi government is a welcome step towards notifying and conserving natural waterbodies. In order to achieve the goal of revival of waterbodies, it is important to understand that one solution may not fit all the waterbodies. Depending on the purpose, ecological services, livelihood and socio-cultural practices, the approach will vary from one waterbody to another. However, the issues with regard to lack of data and action plans, encroachments, interrupted water flow from the catchment, siltation, violations of laws, solid waste deposit and polluted water, involvement of too many agencies, etc. have to be taken into consideration. 21 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
24. Action needs to be taken towards:
1. Attaining sustainability. Thus, emphasis on long-
term goals, operation and maintenance should be included along with the allocation of budget.
2. Success of the lakes should be tested on all three fronts namely economic, environmental and social. Many studies point that a deliberate effort has to be made on the social front for which better publicity of the environmental benefits of the project and enhancing environmental awareness, especially among the local community is required.
3. Encouraging local people to collaborate with other stakeholders to successfully utilise resources and ensure the protection and conservation of waterbodies.
4. Traditionally, water was seen as a responsibility of citizens and the community collectively took the responsibility of not only building but also of maintaining the water bodies. This needs to be brought back into the system.
5. Thus, an integrated approach taking into account the long-term sustainability, starting from the planning stage where looking at every waterbody along with its catchment, is required.
22 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
25. It is further reported by the State Pollution Control Board that untreated/sewage water is being discharged continuously in the water body. The rule does not provide such activities. The legislature has enacted the Water (Prevention and Control of Pollution) Act, 1974 to provide for the prevention and control of water pollution and the maintaining or restoring of water and for carrying out the aforesaid purpose the Board has been constituted. It is argued by the Learned Counsel for the applicant that the problem of pollution of rivers, water bodies and streams has assumed considerable importance and urgency in recent years as a result of the growth of industries and the increasing tendency to urbanization. It is therefore essential to ensure that the domestic and industrial effluents are not allowed to be discharged into the water course without adequate treatment as such discharges could render the water unsuitable either source of drinking water as well as for supporting fish life and for use in irrigation. Pollution of rivers, water bodies and streams also causes increasing damage to the country's economy. The relevant sections of the Water (Prevention and Control of Pollution) Act, 1974 are as follows:-
Section 2 (e)-
Pollution which means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to 23 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.
Section 17 -
That the State Board shall plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof; to advise the State Government on any matter concerning the prevention, control or abatement of water pollution; to evolve methods of utilisation of sewage and suitable trade effluents in agriculture; to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream (1(l)(i) take necessary action for the prevention, control or abatement of discharge of waste into streams or wells or water bodies.
Section 24 -
Provides prohibition on use of stream or well for disposal of polluting matter, etc. (1) Subject to the provisions of this section, -
(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly 24 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
or indirectly) into any 1 [stream or well or sewer or on land]; or
(b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences.
(2) (c) putting into an stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream.
Provides restrictions on new outlets and new discharges. (1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board,--
(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or an extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or
(b) bring into use any new or altered outletsfor the discharge of sewage; or 25 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
(c) begin to make any new discharge of sewage;
Provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application."
Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells
1) Where it is apprehended by a Board that the water in any stream or well is likely to be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer or on any land, or otherwise, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing.
26 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
2) On receipt of an application under sub-section (1) the court may make such order as it deems fit.
3) Where under sub-section (2) the court makes an order restraining any person from polluting the water in any stream or well, it may in that order-
(i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and
(ii) authorise the Board, if the direction under clause
(i) (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court.
4) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and i. authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such 27 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court.
33 A. Power to give directions Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. Explanation : For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct- (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the storage or regulation of supply of electricity, water or any other service.
Failure to comply with directions under Sub-Section (2) or Sub-Section (3) of Section 20, or order issued under Clause
(c) of Sub-Section (1) of 32 or directions issued under Sub- Section (2) of Section 33 of Section 33A.
1. Whoever fails to comply with any direction given under sub- section (2) or sub-section (3) of section 20 within such time as may be specified in the direction shall, or 28 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
2. Whoever fails to comply with any order issued under clause (c) of sub-section (1) of section 32 or any direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A shall, in respect of each such failure and on conviction, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
3. If the failure referred to in sub-section (2) continues beyond a period of one year after the date of conviction, the offender shall, on conviction, be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. Section 42 -
Penalty for certain acts.
(1) Whoever -
29 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or
(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose of this Act, or
(e) fails to intimate the occurrence of an accident or other unforeseen act or even under section 31 to the Board and other authorities or agencies as required by that section, or
(f) in giving any information which he is required to give under this Act, knowingly or willfully makes a statement which is false in any material particular, or
(g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or willfully makes a statement which is false in any material particular, 30 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 1 [ten thousand rupees] or with both.
(2) Where for the grant of a consent in pursuance of the provisions of section 25 or section 26 the use of a meter or gauge or other measure or monitoring device is required and such device is used for the purposes of those provision, any person who knowingly or willfully alters or interferes with that device so as to prevent it from monitoring or measuring correctly shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 1 [ten thousand rupees] or with both.
Penalty for contravention of provisions of Section 24.
Whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term which shall not be less than 1 [one year and six months] but which may extend to six years and with fine.
Penalty for contravention of Section 25 or Section 26. Whoever contravenes the provision of section 25 or section 26 shall be punishable with imprisonment for a 31 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
term which shall not be less than 1 [one year and six months] but which may extend to six years and with fine.
Enhanced Penalty after previous conviction. If any person who has been convicted of any offence under section 24 or 25 or section 26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and on every subsequent conviction, be punishable with imprisonment for a term which shall not be less than 2 [two years] but which may extend to seven years and with fine: Provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished.
Section 45A Penalty for contravention of certain provisions of the Act.
3. [Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction given under this Act, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both and in the case of a continuing contravention or failure, with an additional fine which may extend to five thousand rupees for every day during which such contravention or failure continues after 32 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
conviction for the first such contravention or failure. Section 48 -
Provides that offences by government departments.
Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Section 60 -
The Provision of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act.
Thus, it is a statutory duty of the State Pollution Control Board to check the abatement of the water pollution and also advice the authorities concerned and failure to comply the statutory duty is defiance of the act and necessary action with calculation and recovery of environmental compensation is the pious duty of the Pollution Control Board. We hope and trust that the State Pollution Control Board will not hesitate to proceed according to law and try to fulfill the purpose of the act."
26. Learned Counsel for the State Mr. Prashant M. Harne has submitted that a decision has been taken by the District Administration for construction of memorial statue and platform and beautification by way of construction of 19 columns of foot-bridge for construction of slab which is not permitted in the wetland rules. State/District 33 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. Administration/District Magistrate/CMO is required to strictly follow the Wetland Rules which is quoted below:-
i. It is proper to quote the Sections of Wetlands (Conservation and Management) Rules, 2017 which are as follows:-
Section 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. Section 4 Restrictions of activities in wetlands.--
1) The wetlands shall be conserved and managed in accordance with the principle of 'wise use' as determined by the Wetlands Authority.
2) The following activities shall be prohibited within the wetlands, namely,-
(i) conversion for non-wetland uses including encroachment of any kind;
(ii) setting up of any industry and expansion of 34 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
existing industries;
(iii) manufacture or handling or storage or disposal of construction and demolition waste covered under the Construction and Demolition Waste Management Rules, 2016; hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro- organisms Genetically engineered organisms or cells, 1989 or the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008; electronic waste covered under the E-Waste (Management) Rules, 2016;
(iv) solid waste dumping;
(v) discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements;
(vi) any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules; and,
(vii) poaching.
Provided that the Central Government may consider proposals from the State Government or Union Territory Administration for omitting any of the activities on the recommendation of the 35 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
Authority."
ii. It has further been provided in the Section 5 of the Wetlands Rules directing the State Government to prepare a list of all the wetlands of the State within three months from the date of publication of these rules and to prepare a list of wetlands to be notified, within six months from the date of publication of these rules taking into cognizance any existing list of wetlands prepared/notified under other relevant State Acts and recommend identified wetlands, based on their Brief Documents, for regulation under these rules. Further, there is a provision to prepare a comprehensive digital inventory of all wetlands within a period of one year from the date of publication of these rules and upload the same on a dedicated web portal to be developed by the Central Government for the said purpose, the inventory to be updated every ten years. It has further been provided that the State has to develop a comprehensive list of activities to be regulated and permitted within the notified wetlands and their zone of influence. In cases wherein lands within boundary of notified wetlands or wetlands complex have private tenancy rights, recommend mechanisms for maintenance of ecological character through promotional activities. Section 7 of the Wetlands (Conservation and Management) Rules, 2017 provides as follows:-
"Delegation of powers and functions to the State Governments and Union Territory Administrations.--
(1) The concerned Department of the State Government or Union Territory Administration 36 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
shall, within a period of one year from the date of publication of these rules, prepare a Brief Document for each of the wetland identified for notification, providing:--
(a) demarcation of wetland boundary supported by accurate digital maps with coordinates and validated by ground truthing;
(b) demarcation of its zone of influence and land use and land cover thereof indicated in a digital map;
(c) ecological character description;
(3) The State Government or Union Territory Administration shall, after considering the objections, if any, from the concerned and affected persons, notify the wetlands in the Official Gazette, within a period not exceeding 240 days from the date of recommendation by the Authority".
Accordingly, it is mandatory duty of the State Authorities to demarcate and publish the list of wetlands within the period as prescribed above and if it is not done it is violation of rules and necessary disciplinary action should be taken against the authority concerned. We are of the view that the rules could have been followed and if not done the respondents are directed to expedite it, execute it and to publish in public domain. iii. When the law protector becomes the law violators, how law will 37 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
be protected. The basic principle of rule of law is to follow rule/ law and not to break or violate it. For the negligence of those to whom public duties have been entrusted can never be allowed to cause public mischief. Public servants if committing wrong in discharge of statutory functions and later on if it was found not be in accordance with law within the knowledge of the officer concerned then it cannot be said to be the work and duty within the definition of State Act. iv. The action and construction is not only disregard to the law but it is negation of the authority of the State by the public official doing the act and expending the budget in accordance with their wishes. An action specifically punitive action does lie for doing what the legislature has authorized if it is done negligently carelessly and in violation of the law. Under our Constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with responsibility of maintaining the rule of law. Each hierarchy in the Act is empowered to entertain a complaint by the consumer for value of the goods or services and compensation. Any act by any officer in violation of the rules is abuse of power, deliberate maladministration, and perhaps also other unlawful acts causing injury. The servants of the government are also the servants of the people and the use of 38 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
their power must always be subordinate to their duty of service. A public functionary if he acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but its abuse. No law provides protection against it. He who is responsible for it must suffer it. Compensation or damage as explained earlier may arise even when the officer discharges his duty mala-fidely and not in accordance with the guidelines, when it arises due to arbitrary or capricious behaviour then it loses its individual character and assumes social significance. Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous. Crime and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it. Therefore the award of compensation for harassment by public authorities not only compensates the individual, satisfies him personally but helps in curing social evil. It may result in improving the work culture and help in changing the outlook.
v. Absence of arbitrary power is the first essential of the rule of law upon which our whole constitutional system is based. In a system governed by rule of law, discretion, when conferred upon executive authorities, must be confined within clearly defined limits. The Rule of Law means that the decisions should be made by the application of known principles and rules, such 39 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
decisions should be predictable and the citizens should know where he is. If decision is taken without any principle or without any rule, it is unpredictable and such decision is the anti-thesis of a decision taken in accordance with the Rule of Law. Even where there is no ministerial duty as above, and even where no recognised tort such as trespass, nuisance, or negligence is committed, public authorities or officers may be liable in damages for malicious, deliberate or injurious wrong-doing. There is thus a tort which has been called misfeasance in public office, and which includes malicious abuse of power, deliberate maladministration, and perhaps also other unlawful acts causing injury."
27. We have further considered the relevant provisions and sustainable development and reminded the State with the state duties which is discussed in Original Application No. 17/2018(CZ) decided on 21.09.2020, which is quoted below:-
1. In the case reported in S.G. Jaisinghani. Vs. Union of India AIR 1967 SC 1427, Hon'ble Supreme Court held that absence of arbitrary power, is first essential of 'rule of law' upon which our whole constitutional system is based. In a system governed by rule of law, discretion, when conferred upon executive authorities, must be confined within clearly defined limits. The rule of law from this point of view means that decisions should be made by the application of known principles and rules and, in general, such decisions should be predictable and the citizen should know where he is. If a decision is taken without any principle or without any rule, it 40 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
is unpredictable and such a decision is the antithesis of a decision taken in accordance with the rule of law.
In the case reported in (2009) 10 SCC 388, Shanti Zenith Metal Pvt. Ltd. Vs. State of Maharashtra, Hon'ble Supreme Court held that in case an applicant approaches the Court, complaint against statutory authority alleging arbitrariness, bias or favouritism, the Court being the custodian of law must examine the allegation as to whether there is any substance in those allegations. Hon'ble Supreme Court reiterated the principle laid down in the case of S.G. Jaisinghani (supra) and ruled that State action must be bona fide and not be arbitrary or suffering from favouritism.
2. In the case reported in AIR 1975 SC p. 2260, Hon'ble Supreme Court interpreted the rule of law as under:
"205. Rule of Law postulates that the decisions should be made by the application of known principles and rules and in general such decisions should be predictable and the citizen should know where he is. If a decision is taken without any principle or without any rule, it is not predictable and such such decision is the antithesis of a decision taken in accordance with the rule of law."
94. In the case reported in (2011) 6 SCC 508: NOIDA Entrepreneurs Association. Vs. NOIDA and others, Hon'ble Supreme Court while emphasising for maintenance of rule of law in the country observed that public bodies or the State instrumentalities are trustees of the public property and their action must be in conformity with the Statutory provisions and also 41 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
should be just and fair, to quote relevant portion:
"38. The State or the public authority which holds the property for the public or which has been assigned the duty of grant of largesse etc., acts as a trustee and, therefore, has to act fairly and reasonably. Every holder of a public office by virtue of which he acts on behalf of the State or public body is ultimately accountable to the people in whom the sovereignty vests. As such, all powers so vested in him are meant to be exercised for public good and promoting the public interest. Every holder of a public office is a trustee.
39. State actions are required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with some principle which meets the test of reason and relevance. Functioning of a "democratic form of Government demands equality and absence of arbitrariness and discrimination". The rule of law prohibits arbitrary action and commands the authority concerned to act in accordance with law. Every action of the State or its instrumentalities should neither be suggestive of discrimination, nor even apparently give an impression of bias, favouritism and nepotism. If a decision is taken without any principle or without any rule, it is unpredictable and such a decision is antithesis to the decision taken in accordance with the rule of law.
40. The Public Trust Doctrine is a part of the law of the land. The doctrine has grown from Article 21 of the Constitution. In essence, the action/order of the State or State instrumentality would stand vitiated if it lacks bona fides, as it would only be a case of colourable exercise of power. The Rule of Law is the foundation of a democratic society. (Vide: M/s. Erusian Equipment & 42 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
Chemicals Ltd. v. State of West Bengal & Anr., AIR 1975 SC 266; Ramana Dayaram Shetty v. The International Airport Authority of India & Ors., AIR 1979 SC 1628; Haji T.M. Hassan Rawther v. Kerala Financial Corporation, AIR 1988 SC 157; Kumari Shrilekha Vidyarthi etc. etc. v. State of U.P. & Ors., AIR 1991 SC 537; and M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu & Ors., AIR 1999 SC 2468)."
95. A country should not be ruled by men but should be ruled by law. It means, the State action must conform to statutory provisions. The power must flow from Rules, Regulations and statutory provisions. In absence of powers conferred by the statutory provisions, State or its instrumentalities cannot divest a person from his or her property or abridge or dilute the right protected by Articles 14 and 21 of the Constitution of India safeguarding life, liberty livelihood or quality of life."
3. Arbitrariness of public authorities are antithesis of rule of law. In M/s. Erusian Equipment & Chemicals Ltd. Vs. State of West Bengal & Anr., AIR 1975 SC 266, the Supreme Court observed that where Government activity involves public element, the "citizen has a right to claim equal treatment", and when "the State acts to the prejudice of a person, it has to be supported by legality." Functioning of "democratic form of Government demands equality and absence of arbitrariness and discrimination".
Similarly, in Ramana Dayaram Shetty Vs. The International Airport Authority of India & ors., AIR 1979 SC 1628, the Apex Court observed that every action of the executive Government must be informed by reasons and should be free 43 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
from arbitrariness. That is the very essence of rule of law and its bare minimum requirement.
Thus, the decision taken in an arbitrary manner contradicts the principle of legitimate expectation and the plea of legitimate expectation relates to procedural fairness in decision making and forms a part of the rule of non-arbitrariness as denial of administrative fairness is Constitutional anethama. (Vide E.P. Royappa Vs. State of Tamil Nadu, AIR 1974 SC 555; Smt Maneka Gandhi Vs. Union of India & Anr. AIR 1978 SC 597; Ghaziabad Development Authority Vs. Delhi Auto & General Finance Pvt. Ltd. & Ors., AIR 1994 SC 2263; and Ku. Shrilekha Vidyarthi Vs. State of U.P. & ors., AIR 1991 SC 537).
The rule of law inhibits arbitrary action and such action is liable to be invalidated. Every action of the State or its instrumentalities should not only be fair, legitimate and above- board but should be without any affection or aversion. It should neither be suggestive of discrimination nor even apparently give an impression of bias, favouritism and nepotism. (Vide Haji T.M. Hassan Rawther Vs. Kerala Financial Corporation, AIR 1988 SC 157).
In the State of Andhra Pradesh & Anr. Vs. Nalla Raja Reddy & ors., AIR 1967 SC 1458, the Constitution Bench of the Apex Court observed as under:-
"Official arbitrariness is more subversive of doctrine of equality than the statutory discrimination. In spite of statutory discrimination, one knows where he stands but the wand of official arbitrariness can be waved in all directions indiscriminately."
Similarly, in S.G. Jaisinghani Vs. Union of India & ors., AIR 1967 SC 1427, the Constitution Bench of the Apex Court observed as under:-
"In the context it is important to emphasize that 44 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
absence of arbitrary power is the first essence of the rule of law, upon which our whole Constitutional System is based. In a system governed by rule of law, discretion, when conferred upon Executive Authorities, must be confined within the clearly defined limits. Rule of law, from this point of view, means that the decision should be made by the application of known principle and rules and in general such decision should be predictable and the citizen should know where he is, if a decision is taken without any principle or without any rule, it is unpredictable and such a decision is antithesis to the decision taken in accordance with the rule of law."
4. Statutory rules are required to be observed. It is settled law that when the action of the State or its instrumentalities is not as per the rules or regulations and supported by a statute, the Court must exercise its jurisdiction to declare such an act to be illegal and invalid.
In Sirsi Municipality Vs. Cecelia Kom Francis Tellis, AIR 1973 SC 855, the Supreme Court observed that "the ratio is that the rules or the regulations are binding on the authorities."
Similarly, a Constitution Bench of the Hon'ble Supreme Court in Sukhdev Singh & Ors. Vs. Bhagatram Sardar Singh Raghuvanshi & Anr., AIR 1975 SC 1331, has observed as under:-
"The statutory authorities cannot deviate from the conditions of service. Any deviation will be enforced by legal sanction of declaration by Courts to invalidate actions in violation of rules and regulations. The existence of rules and regulations under statute is to ensure regular conduct with a distinctive attitude to that conduct as a standard. 45 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
The statutory regulations in the cases under consideration give the employees a statutory status and impose restrictions on the employer and the employee with no option to vary the conditions............In cases of statutory bodies there is no personal element whatsoever because of the impersonal character of statutory bodies..............the element of public employment or service and the support of statute require observance of rules and regulations. Failure to observe requirements by statutory bodies is enforced by courts by declaring (action) in violation of rules and regulations to be void. This Court has repeatedly observed that whenever a man's rights are affected by decision taken under statutory powers, the Court would presume the existence of a duty to observe the rules of natural justice and compliance with rules and regulations imposed by statute."
28. Article 21 of the Constitution of India protects not only the human rights but also casts an obligation on human beings to protect and preserve a specie becoming extinct, conservation and protection of environment is an inseparable part of right to life. In M. C. Mehta v. Kamal Nath and Others (1997) 1 SCC 388, the Court enunciated the doctrine of "public trust", the thrust of that theory is that certain common properties such as rivers, seashores, forests and the air are held by the Government in trusteeship for the free and unimpeded use of the general public. The resources like air, sea, waters and the forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The State, as a custodian of the natural resources, has a duty to maintain them not merely for the benefit of the public, but for 46 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. the best interest of flora and fauna, wildlife and so on. The doctrine of 'public trust' has to be addressed in that perspective.
29. While disposing the Original Application No. 325 of 2015 vide order dated 18.11.2020, this Tribunal, while dealing with restoration of water bodies observed as follows:-
"The protection of water bodies not only add to availability of water for different purposes, it also contributes to recharge of ground and maintaining e-flow in the rivers, is congenial to micro climate in sub-watersheds as well as enhancing the natural aesthetics. While the rain water harvesting is certainly important, harvesting surplus water during excessive rains from any areas of catchment needs to be optimized by enhancing the capacity of the existing ponds/water bodies, creation of water harvesting structures in the sub- watersheds to the extent possible, apart from setting up of additional water bodies/water harvesting structures wherever viable, utilizing available funds including under MGNREGA and involving the community at large at every level. Gram Panchayats can certainly play a significant role in the matter. Once adequate capacity enhancement of waterbodies takes place, excess flood/rain water can be channelized by using appropriate water harvesting techniques. This action needs to be coordinated by the District Magistrates in coordination with the Department of Irrigation and Flood Control or other concerned Departments such as Department of Rural Development / Urban Development / Local Bodies / Forests / Revenue etc. The District Magistrate may as far as possible hold a meeting of all the stakeholders for the purpose as per the District Environment Plan or Watershed Plan within one month from today. The District Magistrates may also ensure that as far as possible atleast one pond/water body must be 47 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
restored in every village, apart from creation of any new pond/water body."
30. The entire land of water body, minerals etc. are the property of the State Government. The State Government is the owner of the land including water bodies and the Municipal Corporation was not competent to take any decision to construct commercial shops or residential buildings on and around the said water body. He has also taken reliance on the judgement of the Hon'ble the Madhya Pradesh High Court in Sukchain vs. the State of Madhya Pradesh decided on 20.09.2017 (High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 1377/2016). The relevant portions are quoted as below:
"14. This is a case where Gram Sabha and petitioners on the strength of Article 243(A) and Sections-5(A) and 7 of the 41 Adhiniyam, trying to justify the resolution and construction of shops at the pond whereas Government's stand is that said provisions do not confer any such licence to Gram Sabha to construct the shops at the pond. This interesting conundrum can be best defined in the words of Justice K.K. Mathew:
"The major problem of human society is to combine that degree of liberty without which law is tyranny with that degree of law without which liberty become licence; and the difficulty has been to discover the practical means of achieving this grand objective and 48 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
to find the opportunity for applying these means in the ever shifting tangle of human affairs."
[see- 'Legends in Law', Page 372, Universal Publication ]
15. Before dealing with rival contentions, it is apposite to refer the relevant portion of Sections-5-A and 7 of the Adhiniyam: Section-5-A. Constitution and incorporation of Gram Sabha.- There shall be a Gram Sabha for every village. The Gram Sabha shall be a body corporate by the name specified therefor having perpetual succession and a common seal and shall by the said name sue and be sued and shall subject to the provisions of this Act and the rules made there under have power to acquire, hold and dispose of any property movable or immovable, to enter into contract and to do all other things necessary for the purpose of this Act."
Writ Petition No.1377 of 2016.
The Gram Sabha shall have the following powers and functions, namely,- (j-ii) to manage natural resources including land, water, forests within the area of the village in accordance with provisions of the Constitution and other relevant laws forthe lime being in force;
(j-iii) to advise the Gram Panchayat in the regulation and use of minor water bodies;
(l) construction, repair and maintenance of public wells, ponds and tanks and supply of water for domestic use; 49 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
(m) construction and maintenance of sources of water for bathing and washing and supply of water for domestic animal;
(o) construction, maintenance and clearing of public streets, latrines, drains, tanks, wells and other public places;
(p) filling in of disused wells, unsanitary ponds, Pools ditches and pits and conversion of step wells into sanitary wells;
16. As noticed, the constitutional provision and Sections-5- A and 7 of the Adhiniyam in no uncertain terms makes it clear that powers and functions of Gram Sabha are not absolute in nature. Such powers and functions are subject to the provisions of local laws and general instructions/orders issued by the Government."
31. On more than one occasion, the Courts have expressed their concern for preservation of water bodies. In 2001 (6) SCC 496 [Hinch Lal Tiwari Vs Kamla Devi], the Apex Court considered Section-117 of U.P. Zamindari Abolition and Land Reforms Act, 1950. As per said provision, certain powers were given to the Gaon Sabhas and other local Authorities. While interpreting the said provision, it was held that it is difficult to sustain the order of the High Court. There exists a concurrent finding that a pond exists and the area covered by it varies in the rainy season. In such a case, no part of it could have been allotted to anybody for construction of house building or any allied purposes.
50 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
The judgment of Hinchlal Tiwari (supra) was again considered in 2011 (11) SCC 396 [Jagpal Singh Vs State of Punjab]. In addition, the judgment of Madras High Court reported in 2005 (4)CTC 1 (MAD) [L. Krishnan Vs State of T.N.] was considered and it was held that the Court will pass a similar order as it was passed in Hinchlal Tiwari and L. Krishnan (supra).
32. In 2015 SCC Online Utt 1829 [Tahseen Vs. State of Uttarakhand and others] Alok Singh, J. held as under:-
"What we have witnessed since Independence, however, is that in large parts of the country this common village land has been grabbed by unscrupulous person using muscle power, money power or political clout, and in many States now there is not an inch of such land left for the common use of the people of the village, though it may exist on paper. People with power and pelf operating in villages all over India systematically encroached upon communal lands and put them to uses totally inconsistent with their original character, for personal aggrandizement at the cost of the village community. This was done with active connivance of the State authorities and local powerful vested interests and goondas. This appeal is a glaring example of this lamentable state of affairs.
[Emphasis supplied] At the cost of repetition, it is apposite to remember that the Apex Court, in no uncertain terms, clarified that construction activity even in the close vicinity of the lakes; is impermissible. Resultantly, the High 51 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
Court directed the Authorities to remove encroachments and restore the water body in its original form.
26. In 2013 SCC Online P&H 10564 [Jagdev Singh Vs. State of Punjab & Haryana and others], the High Court followed the ratio decidendi of Hinchlal Tiwari (supra) and opined that the Gram Panchayat which has a statutory obligation to ensure that water bodies are not diverted for any other use and further to ensure that these water bodies are protected, cleaned and recharged, it cannot be allowed to use a part of it for installation of a statue of a resident of the village. A Division Bench of Calcutta High Court in 2013 SCC Online Cal 1060 [Sandhya Barik & others Vs. State of West Bengal & others] expressed its view that this is bounden duty of panchayat and other authorities to prohibit such construction and said property cannot be alienated or permitted to be destroyed in any manner. No construction can be permitted over such water body. Construction, if any, which have been made by any person, the respondent cannot claim equity. Even if any sanction is granted with regard to construction over the canal, the same is illegal and void. It was further directed that if there exists any encroachment on water body, appropriate action must be taken for clearing the encroachment made over the canal. The public trust doctrine expounded by Supreme Court in M.C. Mehta was 52 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
followed by Calcutta High Court in Sandhya Barik (supra).
In view of constitutional scheme, public trust doctrine and object engrained in Section-7 of the Adhiniyam, Gram Sabha cannot take any decision or pass resolution to raise construction either by disturbing the water body or on the periphery(esM-) of the water tank. In M.C. Mehta (supra), such action was clearly disapproved by Supreme Court. The common string in the judgments referred hereinabove is that herculean efforts should to be made to protect the water bodies. Such bodies are required to be protected from greedy politicians and persons. Ancient poet Rahim said:
jfgeu ikuh jkf[k,] fcu ikuh lc lwu A ikuh x;s u mcjs eksrh] ekuq'k] pwu AA Meaning thereby:
Water is most important. As without water, there is no wealth (pearls), life or earth."
33. In view of constitutional scheme Interestingly, in Jagpal Singh (supra), the Apex Court with pains recorded that 'our ancestors were not fools'. They knew that in certain years, there may be droughts or water shortages for some other reasons, and water was also required for cattle to drink and bathe in etc. Hence they built a pond attached to every village, a tank attached to every temple etc. These were their traditional rain water harvesting methods, which, served them for thousands of years. With great concern, Apex Court emphasized that 53 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. the ponds are now a day's auctioned of at throw away prices to businessmen for fisheries in collusion with Authorities/ Gram Panchayat Officials, and even this money collected from these so called auctions are not used for the common benefit of the villagers but misappropriated by certain individuals. The time has come when these malpractices must stop. We deem it apposite to direct the State Government and the concerned Collector to ensure that all such constructions/encroachments are removed. The official respondents shall remove such constructions and encroachments and file a compliance report. It shall be the duty of respondents to restore water pond to its original shape and condition and preserve it as per the constitutional mandate.
34. In view of the Constitution Provisions, Adhiniyam and the Rules and Governments Orders issued under the Adhinyam and Land Revenue Code, the Municipal Corporation is not justified in taking the decision to construct the commercial shops on the periphery of the pond. In view of settled legal position this Tribunal has scintilla of doubt that the corporation has exceeded its authority while passing such resolution. The action of Corporation runs contrary to public trust doctrine. It is to be noted that any autonomy given by the Constitution or by Adhiniyam needs to be tested on anvil of enabling provisions. When impugned action was tested on the anvil of such enabling provisions, the said action was not found to be inconsonance with the enabling provisions nor can such action be said to be in a larger public interest.
35. It is to be noted that the right to the people to live in the healthy environment with minimum disturbance of ecological balance and 54 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. without avoidable hazard to them and to their cattle, homes and agriculture land and undue affection of air, water and environment. It is for the Government for the Nation and not for the Court to decide whether the deposit should be exploited at the cost of ecology and environmental consideration or the industrial requirement should be otherwise satisfied. It may be perhaps possible to exercise greater control and vision over the operation and strike a balance between preservation and utilization, that could indeed be a matter for an expert body to examine and on the basis of appropriate advise, the Government should take a policy decision and formally implement the same and for the purpose it is for the expert committee to examine as to whether the ponds and water bodies can be converted into commercial complex and can these operations be permitted on the cost of environmental damage.
36. We know and can take judicial cognizance of the fact that entire country is facing a tremendous scarcity of drinking and potable water almost everywhere and, in fact, it is a global phenomenon. It is this reason which required Regulators/Statutory Authorities to act responsibly for protection of environment and ecology and in particular, wetland/water bodies. They are expected to function in a more responsible and accountable manner and deeper study ought to have been made, before allowing any construction activities in vicinity of a wetland/water body, more so when project site is abutting the wetland itself. Importance of water no one can deny.
37. It cannot be doubted that water though cover three-fourth of earth, still drinking and potable water is in great scarcity. Manmade ventures are the basic cause for this situation. Protection of wetland 55 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. assumed international importance at very late stage. However, serious concern at global level is writ large from the fact that in 1991, Convention in Ramsar was held only to discuss protection of wetland. Some important wetlands across the world were identified therein. Signatory countries vowed to protect wetland by taking all necessary measures including stringent actions. This is a matter of common knowledge that people residing in urban areas had turned cities into jungles of concrete. Nature has lost its place, healthy and clean environment has been compromised in the name of development. The consequences are air pollution, scarcity of drinking water, extreme heat and cold, lack of raining etc. earlier's comfortable life in such cities has become a nightmare. Resourceful people are now resorting to other areas on the outskirt or near such cities where they can enjoy proximity with nature. This attempt or desire is nothing but costing heavy to nature. It is a concerted effort by greedy elite class to cause destruction of nature in un-probed areas, which have remained untouched till date, but now are being frequently occupied by them. These constructions near water bodies or forest areas etc. are not as a necessity to provide shelter to homeless needy people or development to economy in general but virtually a part of luxury life for those who can afford. The elite class and its greed, in the name of development, has already destroyed cities and now moving towards the areas, rich in natural flora and fauna including forests, lakes, rivers, streams i.e., different type to water bodies and wetlands. In the name of stay in the lap of nature, in reality they are causing damage and destructing nature. In fact, commercial or residential construction projects do not need vicinity of wetlands or water bodies etc., as a necessity but Promoters/PPs/Developers normally choose 56 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
such sites so as to increase salability and commercial value of their projects/constructions.
38. Various statutory authorities which were constituted to serve as a watchdog for protection of these places, rich in natural flora and fauna, are not very sincere and serious in protection but working only technically. They are liberal in allowing these activities instead of adopting strict and stringent measures necessary for protection. We can see destruction of Aravalli Hills in National Capital Delhi itself, and disappearance of several small chains of hills in many States. When we come to the garden city of Bengaluru itself, the facts have already been noted that in the past there were hundreds of lakes in the city which are now reduced to just two figures. Most of the lakes have been reclaimed, encroached or otherwise usurped by the so called development activities.
39. Problem of environment today is a Global phenomenon. The irresponsible and unmindful development has proved an enemy to environment. It has increased pollution everywhere compelling Global leaders to take recourse for protection of environment, if necessary, by framing strict and stringent provisions, but fact remains, that condition of environment today is extremely alarming.
40. It is the pious duty of the Municipal Corporation to make a planning including town planning, planning for economic and social development, roads and bridges, water supply for domestic, industrial and commercial purposes, public health, sanitation conservancy and Solid Waste Management, urban forestry, protection of the environment and promotion of ecological aspects, slum improvement and up-gradation, urban poverty alleviation. Provisions 57 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. of urban amenities and facilities such as parks, gardens, playgrounds promotion of cultural educational and aesthetic aspects. Cattle ponds prevention of cruelty to animals and public amenities.
41. 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:
"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:
......... ......................... ...... 58 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
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 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, 59 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
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 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;
60 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
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."
17. In NGT order dated 27.08.2020 in OA 351/2019, Raja Muzaffar Bhat vs. State of Jammu and Kashmir & Ors., it was observed:
"
........... .......... ..............
34. One of the serious challenges is solid and liquid waste management, apart from encroachments. There are binding directions of the Hon'ble Supreme Court in Almitra H. Patel Vs. Union of India & Ors1. and Paryavaran Suraksha vs. Union of India2 on the subject of scientific management of solid waste and sewage/effluents in accordance with the statutory provisions of the Water (Prevention and Control of Pollution) Act, 1974, („Water Act‟) Air (Prevention and Control of Pollution) Act, 61 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
1981, („Air Act) and waste management rules framed under the Environment (Protection) Act, 1986 („EP Act‟). There is large scale non-
compliance of the said statutory provisions which has led this Tribunal to consider the issue of river pollution in OA No. 673/2018, News item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are now critically polluted: CPCB" in view of acknowledged data of 351 polluted river stretches in the country. Apart from the said issue, large scale failure has been found in the matter of solid waste management as repeatedly recorded in O.A. No. 606/2018. The Chief Secretaries of all the States/UTs were required to remain present in person before this Tribunal for interaction and further planning. In O.A. No. 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. UOI & Ors., the Tribunal has considered the issue of restoration of water bodies. In Original Application No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. UOI & Ors., the issue of untreated sewage or effluent being discharged in water bodies have been taken up for consideration. There are several other matters dealing with the such issues, including coastal pollution, pollution of industrial clusters etc.
35. There is discussion in the media about inadequacy of monitoring of action for restoration of lakes, wetlands and ponds which is certainly necessary for strengthening the rule of law and protection of public health and environment3. Several directions have been issued by the Hon‟ble Supreme Court in M.K. Balakrishnan and Ors. v. UOI & Ors."
62 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
18. We also note that the Ministry of Urban Development, Government of India, Central Public Health and Environmental Engineering Organization (CPHEEO) has issued an advisory on "Conservation and Restoration of Water Bodies in Urban Areas"5 in August, 2013 which need to be followed. The matter was also considered by the Standing Committee on Water Resources (2015-16), Sixteenth Lok Sabha. Its Tenth Report has been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation under the heading "Repair, Renovation and Restoration of Water Bodies-
Encroachment on Water Bodies and Steps Required to Remove the Encroachment and Restore the Water Bodies"6 in August, 2016. Further, the "Guidelines for the Scheme on Repair, Renovation and Restoration (RRR) of Water Bodies under PMKSY (HKKP)"7 have been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation, Govt. of India in June, 2017. The said report also provides useful material to be looked into by the enforcement agencies.
20. There is, thus, need for continuous planning and monitoring at National, State and District levels. Suggestions and observations of CPCB and the Oversight Committee need to be acted upon."
42. The matter was again taken up on 09.07.2024 and considering the report, this Tribunal directed as follows:-
i. "Respondent have to strictly comply Section 4 of the Wetland Rules and to ensure that there will not be any encroachment on wetland, there will not be any construction activities, discharge of untreated 63 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
water or throwing of the garbage or solid waste or plastic waste in the water body/wetland. ii. Respondents are restrained from going ahead with raising of any permanent construction over the water body of the lake. Constructions or the pillars to the extent which has been raised shall be demolished within one month from today. iii. Since permanent construction at the prohibited site has caused damage to the site and requires a restoration of the site, as also restoration of the ecology and remediation of damage already done to the environment, we constitute a committee consisting Director, CPCB at Bhopal, one representative from the Secretary (Environment) and one representative from the Central Ground Water Authority to assess the environmental compensation."
43. In compliance of direction no. 'iii', the members of the committee consisting the officers mentioned below visited the site on 09.08.2024. The details of the members of the committee are as follows :-
1) "Shri P. Jagan Regional Director, Central Pollution Control Board, Bhopal.
2) Shri Alok Nayak, OIC & Chief Scientific Officer, MPSEIAA, Bhopal.
64 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
3) Shri Rakesh Singh EE, Central Ground Water Board Bhopal.
4) Shri A.K. Biswal, Regional Director, Central Ground Water Board.
5) Smt. Purvi Tiwari, Additional Collector, District Seoni.
6) Shri Alok Kumar Jain, Regional Officer, Regional Office, MP Pollution Control Board, Bhopal, Jabalpur
7) Dr. Manoj Vishwakarma, Assistant Scientific Officer, State Wetland Authority, Bhopal
8) Dr.Ranu ChoukseyVerma, ScientistC, Central Pollution Control Board, Regional Directorate, Bhopal
9) Dr. Ajit Sharma, PF, MPSEIAA, Bhopal
10) Shri Ram Kumar Kuvreti, CMO, Municipal Council, Seoni
11) Shri. Santosh Tiwari, Asst. Engineer, Municipal Council, Seoni"
44. It is submitted by the committee that wetland (having area > 2.25 ha.) of Seoni District MP prepared in compliance of the guidelines for the preparation of inventory of the Wetland (Conservation and Management) Rule, 2017, Dal Sagar Lake is placed at an entry No. 53 with wetland code 234560394 having area of 18.38 hectares and situated within the jurisdiction of Municipal Council, Seoni. It is further reported that 19 numbers of RCC pillars were raised and there is a provision for 385 meter long foot over bridge which is in violation of rules. The following has been also narrated by the members of the committee quoted below :- 65 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
1. Field Observation of the Committee on 09.08.2024 The factual status on verification of the documents furnished by Municipal council, Seoni and observations made during the field visit of the site by the joint committee members on 09.08.2024 is discussed below: -
i. Dal Sagar is a man-made Talab situated at GPS Co-ordinates 22.089380, 79.546983 in District Seoni, Madhya Pradesh; and having an area of around 18.31 hectares.A small island is located in the middle of this lake ii. The catchment area of the lake includes around 3-4 km2 area within the city which serves as the recharging source for the lake. Also, two natural drains are confluence at the lake as water source.
iii. During the visit approximately 60% of the total wetland area was found filled with water. About 30-40% of the lake area is under weed infestation and vegetative cover.
iv. During inspection it seems that unmetalled
road constructed parallel to the under
constructed foot over bridge for the
transportation of material is presently under submergence due rain water. Only 33 meters road appeared outside the submergence towards the food court side. 66 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
v. Municipal Council, Seoni issued a tender dated 30.01.2023 to construct a Foot Over Bridge (F.O.B) to connect the main land with the central island of the lake.Theproposal for the above work was approved in the meeting of Municipal Council, Seoni dated 30.12.2020 where an amount of Rs.
1,68,20,123/- was sanctioned for the construction of approach foot over bridge at Dal Sagar Lake. Later, the technical permission for the above work was given by Urban Administration and Development Department, Jabalpur Division dated 31.12.2020.
vi. During the inspection, it was observed that a 25-feet stone statue of Gond king Raja Dalpat Shah has been installed over cement concrete base of 15 ft. in the central island of the Dal Sagar Lake.
vii. Committee has observed that for construction of this platform and erecting the statue around 15-20 plants/trees and wild shrubs grew at the central island were cut down.
viii. In order to prevent the intrusion of lake over flow towards the nearby settlement situated in the downstream of the lake, recently another civil structure (retaining wall) has 67 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
been constructed by Municipal Council, Seoni in the submergence area of lake which is also violating the Rule 4 of Wetland Rules, 2017.
ix. For the construction of Foot-Over-Bridge, 19 concreted pillars were raised on the site between MPT Chaupati and the Central Island.The length of the bridge to be constructed was observed 385 meters. However, after direction from Hon'ble NGT, the construction work was restrained.The construction was done within the 10 meters of Full Tank Level (FTL).At the time of inspection, no construction activity was observed and no machinery / materials etc. were found near or at the site.
x. It was observed at the site that for transportation of construction material to the central island, an unmetalled kachcha approach road of Length- 105meter and Width- 6 meter was constructed by the non- applicant parallel to the proposed F.O.B connecting MPT Chaupati and the Central Island.
xi. The Dal Sagar Lake has full tank level of approx. 3.84 meters. For the ease of construction activity at the site, 70 % Water of the lake was drained out by the 68 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
Municipal Council, Seoni. For lake de- watering through gravity, one side of the lake bund has been demolished. This has resulted into the major impact on the water quality, flora & fauna and bio-diversity of the lake. During the visit the present water level was observed 1.3meter in the lake. xii. During visit, it was observed that no sewerage water meeting the Dal Sagar Lake. The Municipal Council, Seonihas temporarily blocked the sewage carrying drains and diverted the flow opposite to the lake. However, during the earlier visit of joint committee constituted in compliance of NGT order dated 20.10.2023, it was observed that drains carrying untreated sewage from the city meeting the water body (02 drains meeting Wainganga River and 01 drain meeting into Dal Sagar Lake); and there is no proper sewerage network and sewage treatment facility exist in the city.
In this regard, Regional Office, MPPCB Seoni vide letter dated 24.11.2023 had imposed a total environmental compensation of Rs. 480 Lakhs for period of 01.01.2022 to 31.10.2023 for non-
compliance of directions of NGT orders 69 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
dated 25/02/2020, 28/02/2020 &
14/12/2020 in OA No. 606/ 2018 and
violation of provisions of Solid Waste
Management Rules, 2016 under section (5) of Environment (Protection) Act, 1986.
It was informed by MPPCB RO, Seoni that the imposed compensation is yet not deposited by Municipal council, Seoni. It was observed that Municipal Council,Seoni has not constructed any sewage treatment plant for the city till date.
xiii. As informed by Municipal Council, Seoni representative, proposal of installation of 04 nos. of STP is approved in Amrut 2.0 schemeand to be constructed in the city for effective management of generated sewage. xiv. The committee has explored the periphery of the Dal Sagar Lake and it was found that there are number of shops and other establishments are already present in the Full Tank Level (50 meter) of the lake. Plastic waste and trashes were observed at the periphery of the lake.
xv. NGT in its order dt 09.07.2024 directed the respondent to restrained from going ahead with raising of any permanent construction over the water body of the lake and to demolish the raised structure within one 70 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
month. However, the constructed pillars were yet not demolished by Municipal Council, Seoni and observed still erected at the site.
After Field visit of Dal Sagar Lake, a short briefing of the field observation shared with the Collector, District- Seoni and discussed various actions required regarding conservation and management of Dal Sagar Lake in compliance of direction issued by NGT. Following deliberations were made by the District Collector, Seoni for conservation of lakes in the city: ❖ All the activities for conservation and management of Lakes of Seoni should be done in consultation with State and District Wetland Authority.
❖ Awareness Programs to be organized for conservation and management of lake.
❖ Catchment area study should be carried out for identification of natural inlet drains of Dal Sagar Lake.
2. Threats & Damage caused to the Environment due to permanent construction at the site During the site visit, the committee members discussed on various possible threats to ecology and damage 71 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
caused to the environment because of the construction activities at the prohibited site within the lake. It was discussed that raising a permanent structure within the full tank level of a water body might lead to following threats & damage at the site:
a. Impact on Aquatic ecosystem:
Construction activities within the lake,
including dewatering operations, disrupt the delicate balance of aquatic ecosystems.
These disruptions might lead to the destruction of habitats of native species of fish, amphibians, and other aquatic species.
The alteration of water conditions and sediment can severely impact their survival and reproductive success.
b. Deterioration of riparian zone: The
riparian zone, which acts as a buffer
between land and aquatic systems, is
adversely affected by construction activities. The destruction of vegetation and alteration of natural water flow can lead to soil erosion, loss of habitat, and decreased water quality. c. Depletion of ground water level: De-
watering of the lake can lower the groundwater table in the surrounding areas. This depletion can affect local wells and ground water dependent ecosystems, leading 72 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
to reduced water availability for both human use and natural habitats.
d. Reduced Water Holding and Carrying Capacity: Permanent construction may reduce the lake's capacity to hold water due to changes in its physical structure and the accumulation of construction debris. This reduction can lead to diminished flood control benefits and lower water availability during dry periods.
e. Blockage of Inlet Channels: Construction activities can lead to the blockage or alteration of inlet channels that feed the lake from its catchment area. This obstruction can disrupt the natural flow of water, reduce sediment and nutrient inflow, and negatively impact the lake's ecological health.
f. Damage to Lake Bed and Siltation Issues: The lake bed may suffer damage from construction activities, including the creation of temporary pathways. Such disturbances can exacerbate siltation, impacting the lake's depth and overall functionality, and potentially leading to further ecological imbalance.
g. Western Bank Degradation: The process of de-watering led to significant damage to the lake's western bank. This erosion 73 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
compromises the structural integrity of the bank, leading to further soil loss and potential destabilization of the surrounding land."
45. By filing another application I.A. No. 99/2024, the Learned Counsel for the applicant has submitted that in spite of the repeated orders, no action has been taken by the authorities concerned and grounds has regrown leading to further silt accumulation and disrupting the aquatic life. It is further submitted that no action has been taken to remove the encroachment and no permanent measures have been implemented to prevent the accumulation of solid waste and garbage in the swamp around Dal Sagar.
46. An application in the form of compromise between the parties has been filed which has no relevance with the wetland rules and further, it is for the parties to consider and reconsider about the philosophy adopted by Gond King Raja Dalpat Shah. The philosophy of the construction of this water body was making necessary provisions for future generation and provision for drinking water as well as for agricultural purposes to the civilians and general public, not only the human beings but also the living creatures.
47. The pious philosophy should be taken into account and it is the duty of the litigating parties to fulfil the desire of Gond King Raja Dalpat Shah. It was not desired that the nature of the water body or the lake should be curtailed or damaged and it was never intended that his statue may be installed there.
74 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
48. In case if it was in mind of Gond King Raja Dalpat Shah, it might have been installed for the reasons that at that point of time he was the King and there was no to prevent him. But the spiritual philosophy and the duty towards the humanity inspired him to do the spiritual and pious work. It is the duty of the litigants to maintain the philosophy and to promote the philosophy of Gond King Raja Dalpat Shah and not to damage his philosophy by making any construction for their convenience. Secondly, we cannot pass any order against the wetland rules and further that, illegality cannot be legalized by any judicial order. If anything is legally wrong, then it cannot be justified to be morally correct. The compromise and agitation is for the state to decide it. It is not binding on the wetland rules.
49. In view of the above discussion and analysis of the report submitted by the joint committee and the members of the SEIAA and the CPCB, we direct as follows:-
i. The District Administration shall ensure strict compliance of Section 4 of the Wetland Rules and to ensure that there will not be any encroachment on wetland, construction activities, discharge of untreated water or dumping of the garbage/solid waste/plastic waste in the Lake and the constructions raised during the pendency of this application and already raised previous to this in violation of Section 4 of the wetland rules must be demolished immediately on the cost of Municipal Council. 75
O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors. ii. Municipal council, Seoni shall prepare a detailed time bound action plan for the restoration of the site that shall be examined by the MPPCB and approved by MP State Wetland Authority and the State PCB is directed to realise the environmental compensation according to rules and that the amount of compensation must be utilised for the improvement of lake under the supervision of the Wetland Authority and local administration headed by the Collector. A time targeted action plan shall be prepared and submitted to Regional Office, MPPCB Seoni regarding demolition of pillars and other civil structure constructed inside the lake. The guidelines on Environment Management of Construction & Demolition (C&D) Waste, March 2017 issued by Central Pollution Control Board may be adopted and applied.
iii. Sign boards and caution boards should be installed at suitable place regarding restricted zone. Immediate actions shall be taken by Municipal Council, Seoni for performing cleaning of the lake and its boundary should be identified, demarcated and fenced to restrain any unauthorized dumping of solid/ plastic waste.
iv. Removal of weeds in a scientific manner in Dal Sagar Lake and catchment area study shall be carried out for identification of natural inlet drains of the lake to restore water in lake. Ground water study including 76 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
assessment of present water quality and ground water table around the lake should be carried out by engaging an expert agency. To compensate with the plants/trees felling during the construction work, planation of native plant species shall be carried out around the lake and at the central island.
v. Bioremediation and restoration of lake bed to improve the water carrying and holding capacity of lake. Effective measures shall be taken by the Local Body to expedite the establishment of sewerage network connections and construction & operation of STPS proposed under Amrut 2.0 Scheme in the city within time frame.
vi. The State PCB, M.P. to monitor and submit report within four months to Registrar, National Green Tribunal, Central Zone Bench, Bhopal.
50. A copy of the order be communicated on available e-mail from the Registrar, National Green Tribunal, Central Zone Bench, Bhopal to the Principal Secretary, Department of Environment, Member Secretary, State MPPCB, Bhopal, Wetland Authority, Bhopal, Collector, Seoni and Chief Executive Officer, Municipal Council, Seoni, for information and necessary action. 77 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.
51. With these observations and directions, Original Application No. 154/2023 alongwith I.As. stand disposed of accordingly.
Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM 23rd July, 2025 OA No. 154/2023(CZ) PN 78 O.A. No. 154/2023(CZ) Navendu Mishra Vs. Municipal Council of Seoni & Ors.