Allowed

Nitin Saxena v. State of Madhya Pradesh

NGT31 Aug 2026IA No. 126/2026 in Original Application No. 189/2026

Case brief

AI extract

What is this about?

The Tribunal addressed the ecological degradation of the Bhoj Wetland due to untreated sewage, non-compliance with sanitation standards, and unauthorized encroachment. It issued detailed directions to State Authorities to conduct a status report on sewage outfalls, install monitoring devices, remove illegal constructions within the buffer zone, ensure optimal STP utilization, and submit quarterly

What did the court decide?

Directions issued to install monitoring cameras, submit a status report on sewage interception within three weeks, remove illegal constructions within three months, and ensure zero discharge of untrea

Nitin Saxena vs State of Madhya Pradesh — Environment and Pollution | NGT (2026)

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(AFR)

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Item No.02

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.189/2026(CZ) (I.A.No.126/2026) [Earlier O.A.No. 414/2026 – PB]

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Nitin Saxena 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: 31.08.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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For Applicant (s): Mr. Ayush Choubey, Adv. Mr. Abhishek Sharma, Adv. For Respondent(s):

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ORDER

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The Bhoj Wetland designated as Ramsar Wetland of international importance in 2002 comprise to human made reservoir the upper lake (Bada Talab) created in the 11^th Century and the lower lake constructed in 1794. Spanning a catchment area of over 361 sq. kilometers this eco system provides nearly 40% Bhopal drinking water. Despite statutory protection the wetland faces sever ecological stress from twin anthropogenic pressure, unauthorised structural encroachment within the Full Tank Level (FTL)/50 mtr. buffer zone and the continuous inflow of untreated domestic sewage via municipal drains/nallahs. 1

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O.A. No.189/2026(CZ) Nitin Saxena vs. State of Madhya Pradesh & Ors.

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Urbanisation along the eastern and northern rims of the lake has turned natural surface run of channels in to open conduces for untreated domestic sewage, sludge, and solid waste.

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A major challenge in sewerage and septage management is the substantial gap between wastewater generation and treatment capacity across urban areas. As per Niti Aayog report on Urban Wastewater Scenario in India, it is estimated that India generates 72,368 Million Litres per Day (MLD) of urban wastewater every day; however, only about 28 per cent (20,236 MLD) of this wastewater undergoes formal treatment. As a result, nearly 72 per cent of untreated sewage is discharged into rivers, lakes, groundwater and other water bodies, causing environmental degradation and posing serious risks to public health. The inadequate collection, treatment and safe disposal of sewage and septage have adversely affected the quality of urban water bodies and ecosystems. During periods of heavy rainfall and urban flooding, the overflow and mixing of untreated sewage with floodwater further aggravate sanitation and health concerns. The limited treatment, reuse and resource recovery from wastewater also constrain efforts to promote a circular water economy and have contributed to public apprehensions regarding the use of recycled water, thereby posing an additional challenge to sustainable urban water and sanitation management.

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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And the reasons are :

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Prevalence of poorly designated and non-standard Septic Tanks leading to ground water contamination.

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Direct discharge of grey water and black water into open drains due to absence of proper containment system.

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Inadequate household sewer connections despite availability of trunk infrastructure.

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Weak enforcement of building bye-laws and sanitations standards for containment system.

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Cross connections between sewer lines and storm water drains.

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Operational in efficiencies due to aging infrastructure frequent blockage and inadequate operation and maintenance framework.

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In accessibility and service delivery challenges in dense, un planned and in formal settlements limiting effective collection system.

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Absence of comprehensive GIS based mapping and digital inventory of sewer connections and septic tanks hindering planning and monitoring.

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Non functional or partially functional STPs due to poor OM and financial constraints.

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Shortage of skilled manpower for plant operation.

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Delay in project execution and infrastructure creation.

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Low levels of treated waste water re-use policy mandates.

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A parliamentary report prepared under the Swachh Bharat Mission discloses that major portion of the civilization/citizens houses have not been connected to the sewer connections, connected houses are enumerated as follows :

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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Considering that the availability of designated septage discharge points and transfer stations is critical for ensuring the safe disposal of collected fecal sludge and preventing its indiscriminate discharge into the environment, the Committee sought to ascertain the number and distribution of notified septage discharge points and transfer stations across cities, and the measures being undertaken to prevent illegal dumping of septage and ensure its safe conveyance to authorized treatment facilities. In response, the Ministry furnished the following information:

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"Details regarding the number and distribution of notified septage discharge points, transfer stations and designated 4

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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disposal facilities are maintained by the respective States/ULBs and are not centrally maintained by the Ministry.

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Ministry has published guidelines and advisories on FSSM. As per the advisories and manuals issued by the Central Public Health and Environmental Engineering Organisation (CPHEEO) and the National Policy on Fecal Sludge and Septage Management, ULBs are required to establish designated septage discharge points, transfer stations and treatment facilities such as STPs/FSTPs for safe disposal and treatment of septage. To prevent illegal dumping, the guidelines prescribe registration and licensing of desludging operators, GPSenabled monitoring of desludging vehicles, designated disposal arrangements, scheduled desludging systems and penalties for unauthorized discharge of septage into drains, water bodies or open areas."

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Since this is the State subject, thus, it is the responsibility of the Municipal Corporation to meet out the problem and to have a proper guidelines and managements and building plans at the time of issuance of completion certificate. The standard operating procedure for cleaning of sewerage Septic Tanks as issued by the Ministry of Environment & Forest & Climate Change through CPHEEO Manual 2018 has not been complied with by the Municipal Corporation causing the greater mis-management.

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If we examine the connectivity with the sewer network then the State of Chhattisgarh had not planned even a single kilometer of the sewer network and nothing have been laid down in AMRUT YOJNA. However, in AMRUT-2.0, there is a planning of 16.65 kilometers of sewer connectivity but nothing has been done till date.

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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Similarly, in the State of Madhya Pradesh there is a network of length of sewer approximately 3629.65 kilometer and planning in AMRUT - 2.0 YOJNA is for 7166.93 kilometer but nothing has been completed in AMRUT YOJNA -2.0

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In the State of Rajasthan under AMRUT YOJNA the planning was 2415 kilometer, however the laid down capacity was 2404.15 kilometer. In AMRUT YOJNA -2 the planning was 4120.58 kilometer and it was laid down upto 2265.74 kilometer. The perusal of the report reveals that the extent of sewer network laid so far remains lower than the total planned length in the States.

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The manuals issued by the Central Public Health and Environmental Engineer Organization provides for periodic inspection, preventing desilting, mechanized cleaning, condition assessment of sewer lines and maintenance of pumping stations and treatment facilities, which has not been properly executed by the State Authorities. The STPs treatment capacity has not been utilized and the State of CG though the sewage generation is approximately 600 MLD, while the capacity to treat is only 360 MLD but utilization is only 178.6 MLD. Thus, the State has no capacity to treat all the generated water and the full capacity has not been utilized.

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Similarly, in the State of Madhya Pradesh the figure about generation is 2183.7 MLD capacity is 1311.99 while utilization is only less than 50% i.e. 696.03 MLD. The data of all India indicates that urban area in the country generate about 52664 MLD of sewage, whereas the total installed sewage capacity stands at approximately 31885 MLD,

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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revealing a treatment capacity deficit of over 20700 MLD. Further against the installed treatment capacity of 31885 MLD the actual sewage being treated is about 2249 MLD, indicating significant under utilization of available treatment infrastructure in all India basis by the States.

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Availability of suitable land for sewerage and treatment infrastructure remains a challenge in many pending applications and the cases decided in urban area specially in densely populated areas and cities and thus, the States and District Collectors are required to ensure availability of land and statutory clearances before commencement project implementation.

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Re-use capacity of water in the State of Chhattisgarh is 348.20 MLD, in the State of Madhya Pradesh-828.55 MLD, in the State of Rajasthan -173.25 MLD, this shows that the reported reuse capacity stands at approximately less than 30% of the treated waste water.

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Accordingly, the rivers, the lifeline of the humanity, which are the main source of the water for leaving creatures are necessary to be protected in original status maintain the water quality so that the humanity may be protected from several health-related issues and the Collector of its District and Municipal Corporation/Municipal Commissioner are responsible for maintaining

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i. To build a mechanism for ensuring the standard and prescribed septic tank designs for onsite sanitation systems.

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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ii. Implementation of sanitation provisions as per building bye-laws to publicize the standard septic tank design through local newspapers.

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iii. To conduct regular practical training to the contractors and persons involved in the ULBs.

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iv. To develop a mechanism to monitor their implementation so that time bound action is taken.

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v. To ensure a data base capturing details of deslugging operators, registered vehicles, frequency of services, septage treatment facility and designated disposal points.

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vi. Mandatory registration and GPS based tracking of the de-slugging vehicles, regular inspection of disposal practices and accountability to prevent unauthorized discharge of sewers and untreated water into the open land or the river bodies.

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vii. Time bound sewer network to uncovered areas providing household connections and rehabilitating aging for different networks.

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viii. GIS based mapping and periodic updating of periurban areas and informal settlements including slums and migrant settlements, with identification of population growth rate trends, sanitation deficit, containment gaps, de-slugging requirement and treatment linkage.

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ix. District Level Committee/Collector/Municipal Commissioner have to prepare a modal guidelines for peri- urban and informal settlement in to city, sanitation and sewerage network, progress on coverage, service delivery and monitoring through annual reporting and linked to project approvals under relevant urban sanitation schemes.

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x. To ensure optimum utilization of installed capacity, to prepare annual report with regard to generation, treatment capacity and to enhance capacity.

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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xi. Implement a time bound action plan based assessment of the STP/FSTPs and co-treatment facility.

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xii. Environmental audit and public disclosure of plant wise operation performance and compliance with prescribed discharge standards ensuring that no untreated sewage or waste water is discharged into river/lakes or other water bodies while promoting efficient operation of the entire waste water treatment network and sustained environment compliance.

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xiii. The State and the Collector/Municipal Commissioner have to make a re-use of untreated policy for implementation, develop proper infrastructure and dedicated distribution network for supply and utilization of treated waste water, enter into structural agreement with the bulk users such as industries, institutions, construction agencies for assured utilization of treated waste water.

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xiv. Ensuring the quality standards of treated waste water so as to facilitate safe re-use of treated water while ensuring protection of public health and the environment and third party audit based on real time monitoring system, accountability for operation and maintenance to ensure standard, sustained compliance with treatment infrastructure. Ministry of Urban Development and the Collector/Municipal Commissioner have to make a policy district wise and State wise to undertake periodic review of delayed STP projects, time bound completion with priority to cities facing significant treatment gaps, expansion of household connections to ensure the utilization of created STP capacity, identified households be provided with sewerage connections within a time frame.

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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There are safe management of wastewater and faecal sludge requires effective systems for transporting waste from the point of containment to treatment facilities. In areas dependent on on-site sanitation systems, the safe collection and transportation of faecal sludge and septage through organised desludging services are critical for preventing unsafe disposal and environmental contamination. Similarly, in sewered areas, the efficient conveyance of sewage through well maintained sewer networks is essential for ensuring its timely treatment and preventing leakages, overflows and pollution of water bodies.

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The report prepared by the CPCB with regard to the polluted rivers stretches of restoration of water quality highlighted the derails of the river in the category of polluted rivers as follows :

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WATER QUALITY OF RIVERS IN MADHYA PRADESH

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Water Quality of 48 rivers in Madhya Pradesh was monitored at 164 locations during the year 2022 and 2023, out of which, 36 locations on 18 rivers were found non-complying to the prescribed Water Quality Criteria with respect to BOD. Details of polluted river stretches identified are given in table below

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Number of Polluted River Stretches in Madhya Pradesh

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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To examine these facts, it is necessary to call the detail report of projects under consideration or under progress or completion in the different State within the Central Zone Bench for proper monitoring so that the necessary action be initiated and remedial measures may be taken on the basis of that record.

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Accordingly, the State of Madhya Pradesh, Rajasthan and Chhattisgarh respectively are directed to submit information on the following proforma – I & II.

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Proforma - I

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Name Generation No. of
Population Capacity Planning
Sl. of Consumption of projects Timeline of
approx. to Gap to meet Remarks
No. city/ of water untreated under completion
treatment out gap
District water way

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Proforma - II

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Sl. No.	Name of District	Total No. of STP working	Capacity to treat	Actual working statistics in %	Project underway/under construction	Capacity	Under completion	DPR stage	Time line for finalization

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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The increasing pollutant in the river and the water bodies and to prevent the discharge of untreated water into the water bodies, providing the sufficient number of STPs / CETPs and its monitoring throughout the States are required to be monitored by the competent authority of the State.

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A substantial issue of environmental has been raised. Issue notice to the respondents. Returnable within four weeks.

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Applicant is directed to take necessary steps for service to the respondents by both ways and also on available email.

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Respondents are directed to submit their reply within six weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

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Applicant is directed to supply the required documents and copy of the application to the respondents within a week and after compliance of service, the Applicant has to submit an affidavit that notices and copy of the application have been served upon the respondents.

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In addition to the above direction to follow the guidelines, we further direct that :

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i. The State PCB and the Municipal Corporation to ensure accountability and to prevent unauthorized discharge into the upper lake and lower lake and necessary compatible cameras PTZ (Pan, Tilt, and Zoom) and digital flow meters are to be installed at every identified drain outfall point, permitting continuous recording of quantification of the volume of said discharge and a data should be maintained

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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in a temper proof manner and periodically reviewed by the State Pollution Control Board Madhya Pradesh.

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ii. We further direct to identify all drains outfalls discharging sewage waste water into the upper lake and lower lake and other major lakes of Bhopal and to forthwith prevent discharge of untreated sewage by interception and diversion such whatsoever waste water to functional sewage treatment plan. These suitable cameras (PTZ, Tilt and Zoom) and digital flow meters may also be installed at the pumping houses, pumping stations established or operating under the Bhoj Wetland and other sewage interception arrangements around the upper lake to verify the record of their operation and the discharge. We further direct the State PCB to prepare a comprehensive status report identifying all sewage outfalls into the upper lake and the lower lake, quantity of sewage generated and intercepted, installed and operational capacity of the concern STPs, pumping stations and sewerage network and discharge and time bound action plan for achieving zero discharge of untreated sewage into the lake. Such exercise be completed with the Wetland Authority of Madhya Pradesh, District Wetland Conservation Committee and State Pollution Control Board and to submit the factual and action taken report within three weeks.

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iii. Orders and direction of Hon’ble Supreme Court of India passed in W.P. No. 304 of 2018 Anand Arya vs. Union of 13

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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India & Ors . order dated 11.12.2024 must be ensured and complied and all the Wetlands notified and placed on the website of the State Wetland Authority be identified, demarcated and protected with a high resolution supplied imagery such as bird eye view or PIC bird or high erosion drone survey, geo tagging immediately after due verification of past relevant records within 15 days of the Full Tank Level is achieved in the September by the Wetland Authority with the assistance of above committee in the presence of applicant and we kept on record the FTL as narrated in examined should be compared to the previous record and record may be modified accordingly.

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iv. The District Wetland Conservation Committee (Chairman), Wetland Authority of Madhya Pradesh and the Municipal Corporation Bhopal are directed to ensure that there shall not be any discharge of untreated water into the water body, wetland and in case there are discharge the State PCB shall take action according to rules.

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v. We further direct that there shall be no construction either temporary or permanent within 50 meters from high flood level/FTL of Bhoj Wetland from the date of commencement of the Rules i.e., 2017, and if there are any constructions raised within the wetland area, those illegal constructions must be removed immediately within three months positively in due process of law. The ground truthing as well as the demarcation of each wetland throughout the State of Madhya Pradesh must be completed within the

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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time as stipulated by the Hon’ble Supreme Court of India (Judgements) and it should be put on the website of the Wetland Authority.

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vi. The District Wetland Conservation Boards headed by the Collector of all the districts in Madhya Pradesh are directed to maintain, preserve and protect the wetlands within their area and the list of the wetlands identified shall be put on the domain of the website of the district headquarter with user friendly app for lodging a complaint with regard to encroachment or any construction or any other violation of Wetland Conservation Rules 2017. The Chairmen of the District Wetland Conservation Committees shall also ensure that there should not be any use of chemical/insecticide/poison while fishing and the fishing should be done in accordance with the procedure as provided by the Agriculture Department.

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vii. The Collector and the Municipal Commissioner/Chief Municipal Officer, Municipal Council concerned to ensure the rule of law, constitutional provisions, State laws, Wetland Rules, Town and Country Planning Acts and Urban Municipal norms and regulations. Failure to comply the Central law or the State law will fasten the liability on the officer who is responsible to execute it and it shall be presumed that the constructions and occupations of the public land have been with the connivance with the official concerned.

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

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The State Wetland Authority and the State PCB have to place the action taken on the website for being accessed by all stakeholders for their opinion.

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Learned counsel for the applicant has moved an application No. 126/2026 for taking additional documents on record. I.A. No. 126/2026 is allowed and documents are taken on record.

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List the matter on 29^th September, 2026.

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Sheo Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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31^st August, 2026,

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O.A. No.189/2026(CZ) K

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Nitin Saxena vs. State of Madhya Pradesh & Ors.

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O.A. No.189/2026(CZ)

Nitin Saxena v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Nitin Saxena v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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