Disposed

Narender Singh v. State of Madhya Pradesh

NGT9 May 2025Original Application No. 27/2025

Case brief

AI extract

What is this about?

Narendra Singhs application sought quashing of alleged forest/sanitary violations at Sita Sagar pond. The Tribunal examined a Joint Committee report confirming works were executed as per MoEF CC approved Integrated Management Plan. The application allowing minimal further remedial orders was disposed of.

What did the court decide?

Directions to District Administration to complete pending remedial works including sewage diversion and plantation before the rainy season of 2025.

Narender Singh vs State of Madhya Pradesh — Environment and Pollution | NGT (2025)

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Item No. 05

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No.27/2025(CZ) (O.A. No. 39/2025-PB)

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Narendra Singh Applicant(s)

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Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 09.05.2025

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant (s) : Mr. Narendra Singh (Applicant in person)

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For Respondent(s) : Mr. Mehul Bhardwaj, Adv. Dr. Sapna Aggarwal Adv.

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ORDER

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Issues raised in this application are discharge of untreated water into the Sita Sagar and cutting of the trees without due permission from the authorities and filling up a large portion of the submerged land of the pond and concreting the selfie points, pathways in violation of guidelines.

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This Tribunal after taking cognizance of the letter petition constituted a joint committee consisting the members of District Administration with direction to submit the factual and action taken report. In compliance of the order the members of the joint committee visited the site and submitted the report as follows :-

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“The Sita Sagar pond is situated at Village- Datia Gird, Tehsil- Datia City, District- Datia. GPS location of Sita Sagar pond, Village- Datia Gird, Tehsil-Datia city, District-datia has

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Narendra Singh Vs. State of Madhya Pradesh & Ors.

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been recorded using a mobile-based GPS application. GPS coordinates of pond is 25.659274 Ν, 78.45943 E.

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Following observation and information gathered by the joint committee are as under : -

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1. Sita Sagar pond is very old and constructed by King of Datia somewhere in the year 1707. The present area of the pond reported by DMC is 8.46 hectare, so this pond comes under the purview of Wetland.

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2. Chief Municipal Officer of Datia Municipal Council (DMC) intimated that for conservation and management of Sita Sagar pond a plan was sanctioned by MoEF&CC (Wetland Division), New Delhi on dated 27.01.2021 under centrally sponsored scheme "National Plan For Conservation of Aquatic Life Eco System" (NPCA) on 60:40 cost sharing between the government of India and Madhya Pradesh Government. The sanctioned amount for plan is Rs. 13.85 Crore. Approval order issued by MoEF&CC dated 27.01.2021.

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3. Nodal agency for implementation of this Integrated Management Plan (IMP) is EPCO Bhopal whereas DMC is the implementation agency for the IMP and to carry out operation and maintenance after implementation of IMP.

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4. JC found during visit that works of implementation of sanctioned IMP are carried out by DMC. DMC person reported that about 80% of the IMP works has been completed and remaining works are under

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progress. The status report of IMP implementation is

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provided by DMC.

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5. During visit JC made following observation-

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➢ Sita Sagar pond is situated within the city limit of Datia town.

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➢ Lot of colonies are developed all around this pond. The sewage of these colonies goes to this pond through 02 storm water drains continuously. Due to storage of sewage in this pond about 80% of the pond surface is covered with dense weed growth. For proper collection. of sewage from 02 storm water drains, these drains are made pacca by concrete and 02 sumps and pumping stations adjoined to these drains are installed for pumping the sewage to sewer line of the town passing away from the Pond.

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➢ The works carried out by DMC at Sita Sagar are found as per the approved IMP.

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➢ DMC authority intimated that only four trees were cut around Sita Sagar since those trees were very old, weak and almost bowed inside the pond area due to which they were damaging pitching of pond and soil erosion occurred which was dangerous to pond embankments stability.

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➢ Weed harvesting machine already been procured by DMC and seen to be placed on the

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bank of the pond but was not found operational. DMC person told that due to less depth of water in pond and high density of weed present in the pond this weed harvesting machine could not work properly. Also for weed harvester operation experienced marine license holder operator required, which is not available locally. So DMC already floated tender on dated 28.03.2025 for manual weed cleaning in 3 months period. After removal of weed from pond once completely, the future maintenance is proposed to be carried out by weed harvester.

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6. Status with respect to issues raised by applicant in petition Petitioner raised various issues addressing misconduct committed by DMC to harm public trust. Joint committee found following status with respect to issues raised by petitioner

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S. *No.*	*Details of Issue raised*	*Actual status found by JMC*
1	DMC cut the trees	Only 04 trees cut admitted by
	planted years ago on	DMC since those were very
	banks of Sita Sagar	old, weak, bowed to pond
	pond.	water surface, damaging the
		pond bank pitching, gives rise
		soil erosion and thus created
		the threat to pond
		embankment stability. DMC
		also proposed lot of plantation
		around the pond bank in

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O.A. No. 27/2025(CZ)

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		replacement for beautification of pond.
2	Dirty Sewage and solid waste generated at nearby settlement is continuously dumped in pond.	Sewage of nearby colonies was found to be discharge to the Sita Sagar pond through two open drains. DMC completed the construction of concrete made open drains, sump well and pump house construction also completed to stop the sewage to go into pond. Pumps are installed at one drain site pump house whereas at other drain site pump installation not completed. Also drains diversion to sump wells of both the drains not completed. DMC assured JC to complete the remaining work to start operation of pump houses soon, so that sewage flow to Sita Sagar pond could be stopped effectively. No solid waste disposal to the pond seen by the Joint Committee.
3	DMC filled the large portion of the submerged	The work carried out by DMC for environmental upgradation
	land of the pond and carrying out concreting construction work for selfies points, pathways etc. there.	of Sita Sagar pond is as per the IMC approved by MoEF&CC (Wetland Division) New Delhi. The Petitioner object the work of island development, pathways development, Selfie points etc. But these are as per approved IMC. Since IMC is approved by MoEF&CC (Wetland Division),

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so these works confirms the
compliance of Wetland
(Conservation and
Management) Rules, 2017.
Joint Committee found the
works as per IMC at the site.
Also EPCO Bhopal is the nodal
agency for implementation of
IMC. So the objection raised
by petitioner is baseless.

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Conclusion:

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On the basis of the facts Joint Committee found during visit of Sita Sagar area and documents received from DMC about the Integrated Management Plan of Sita Sagar executed by DMC under supervision of nodal agency EPCO Bhopal, the Joint Committee concluded the matter as follows:-

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1. For environment conservation and management of Sita Sagar pond a scheme called Integrated Management Plan of Sita Sagar was approved by MoEF&CC (Wetland Division) New Delhi on dated 27.01.2025.

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2. IMP is being executed by DMC and nodal agency is EPCO Bhopal.

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3. Objection raised by petitioner in the petition about filling of large portion of submerged land of the pond, development of selfie points, construction of pathways etc. but all these are the part of the approved plan of the MoEF&CC, so all activities carried out at Sita Sagar area for which petitioner

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objects are executed as per pre-approved plan considering provisions of the Wetland (Conservation and Management) Rules, 2017 published under Environment Protection Act, 1986.

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4. For restricting the sewage discharged into pond, work of interception and diversion of two open drains is being carried out by DMC under AMRUT 1.0 scheme. This work is proposed by DMC to be completed soon.

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Recommendation:-

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Considering the facts and findings elaborated in the report the Joint Committee submitted their recommendation as under:-

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1. DMC should complete all the works/items mentioned in IMP before start of rainy season of the year 2025.

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2. DMC should complete the weed removal work from the Sita Sagar pond before start of rainy season of the year 2025.

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3. DMC should complete the work of interception and diversion of sewage drains and connecting it with sump well of pump house and installation & start the operation of pump house to transfer the sewage to city sewer line network having terminal STP within one month period.

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4. DMC should carry out plantation all around the Sita Sagar pond periphery in the rainy season of year 2025.

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5. DMC should carry out public awareness activities to aware the public with history of Sita Sagar pond, IMP scheme and appeal to keep clean the pond and not to pollute water body.”

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We have examined the report submitted by the joint committee and found that for proper protection of the water body and to control the discharge of untreated water into the water body, a plan was prepared in accordance with the scheme called Integrated Management Plan of Sita Sagar and has been approved by the MoEF&CC, Wetland Division, New Delhi.

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Accordingly, in light of the above approval, the action has been taken for protection of the water body. The necessary permission for cutting of trees has been taken from the competent authority and the sewage of nearby colonies which were found discharging to the Sita Sagar Pond was controlled by way of pumping towards other side, so that, untreated water should not be discharged into the water body.

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In view of the above facts, the recommendations submitted by the committee are just and reasonable and we direct the District Administration, Datia Municipal Council (DMC) to follow the recommendations and to do the remedial measures according to rules and to ensure that there should not be any discharge of untreated water into the water body and there should not be any further cutting of trees without authority from the department concerned. State PCB is directed to periodically monitor the environmental violations and in case of any violation, necessary steps and remedial measures must be

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taken. Water body should be protected and the wetland division of the state is directed to take necessary action for protection of the water body.

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