Partly allowed

Bakir Ali Rangwala S O Haji Ghulam Ali v. State of Madhya Pradesh through Principal Secretary

NGT4 Aug 2026IA No. 76/2026 in Original Application No. 11/2022

Case brief

AI extract

What is this about?

The Tribunal noted poor water quality in Sapt Sagar lakes, directing authorities to take remedial and punitive actions against polluters. A interim stay application for environmental damage calculation was dismissed as non-maintainable, with the Municipal Commissioner directed to act within 30 days.

What did the court decide?

Direction to Commissioner, Municipal Corporation Ujjain and State PCB to take immediate remedial and punitive measures against polluters and submit a compliance report within 30 days; I.A. No.76/2026

Bakir Ali Rangwala S O Haji Ghulam Ali vs State of Madhya… — Environment and Pollution | NGT (2026)

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Item No.06 & 07

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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.20/2025(CZ)

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Prashant Mourya Applicant Vs. State of Madhya Pradesh & Ors. Respondent(s)

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WITH

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Original Application No.11/2022(CZ) (I.A.No.76/2026)

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Bakir Ali Rangwala Applicant

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Vs. State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 04.08.2026

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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. Rohit Sharma, Adv. Mr. Gagan Bajad, Adv. For Respondent(s) : Mr. Prashant M. Harne, Adv. for State Ms. Mini Ravindran, Adv. for R-10 Mr. Yash Agarwal, Adv. for R-5 Ms. Parul Bhadoria, Adv. for MPPCB Mr. Rohit Sharma, Adv. for R-11 Mr. Ghanshyam Patel,

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ORDER

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The main issue involved in these original applications are the identification and removal of the encroachments from all Sapta Sagar namely Rudra Sagar, Kshir Sagar, Purshottam Sagar, Vishnu Sagar, Ratnakar Sagar and Pushkar Sagar. As per report submitted by the State dated 18.02.2026, it is narrated that identification and removal of encroachment was taken by

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Prashant Mourya vs. State of Madhya Pradesh & Ors. Bakir Ali Rangwala vs. State of Madhya Pradesh & Ors.

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Original Application No.20/2025(CZ) Original Application No.11/2022(CZ)

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the joint committee headed by the Sub Divisional Magistrate, Ujjain and demarcation has been done. It is further narrated that with respect to Govardhan Sagar (Survey No. 1281), demarcation was earlier conducted pursuant to this office letter No. 1185 dated 18.07.2022 for its conservation and protection. In further compliance with paragraph 04 of the order dated 04.02.2025 passed in O.A. No. 11/2022 by the Hon’ble NGT, a fresh demarcation was carried out by a team constituted under the direction of the Tehsildar, Ujjain City and the Superintendent of Land Records, District Ujjain, employing modern survey techniques. The demarcation report had been duly submitted before the Tribunal.

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It is further submitted that, consequent to the said demarcation, removal action was undertaken against encroachments over Survey No. 1281, resulting in demolition/removal of 24 kiosks (gumtis) situated on the eastern side of Ankpat Marg, 07 residential structures located on the north-eastern side, and 02 boundary walls constructed on the south-eastern and western sides. Further action for removal of illegal constructions in proximity to the water body is being carried out by the UMC in accordance with the applicable statutory provisions and regulatory framework.

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It is submitted that the identification of encroachments over Govardhan Sagar land bearing Survey No. 1281 was undertaken by the Sub Divisional Officer (Revenue), Ujjain. Out of the total recorded area of 7.716 hectares, permanent and

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Prashant Mourya vs. State of Madhya Pradesh & Ors. Bakir Ali Rangwala vs. State of Madhya Pradesh & Ors.

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Original Application No.20/2025(CZ) Original Application No.11/2022(CZ)

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temporary constructions admeasuring approximately 1.150 hectares were identified by the concerned Patwari/Revenue Inspector, Circle-1, and a detailed list of such constructions was prepared during demarcation.

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It is further submitted that, pursuant to the list submitted by the Kasba Patwari, Halka No. 05 on 22.07.2022, notices were issued to 100 alleged encroachers on 16.09.2022 and again on 10.01.2025. Thereafter, stay orders were obtained by certain encroachers: five persons situated at Ganesh Tekri obtained interim protection from the Court of Civil Judge, Junior Division, Ujjain on 10.02.2023 and 02.08.2023; fifty-two encroachers obtained stays from the Court of Fourth Civil Judge, Senior Division, Ujjain on 13.02.2023 and from the Hon’ble High Court, Bench at Indore on 10.01.2025.

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Learned counsel for the State PCB has filed the status report and compliance submitted that during the inspection of the seven lakes by the respondent Board on 07.05.2025 and 04.06.2026, no discharge of untreated sewage into any water body was observed. The respondent Board had also collected water samples from the seven water bodies for water quality analysis during the two inspections.

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It is further submitted that the sample of the water quality have been taken by the State PCB and report has been attached. After analysis of the report discloses that water quality of the Govardhan Sagar, Vishnu Sagar, Purushotam Sagar, Kshir Sagar, Rudra Sagar and Pushakar Sagar is found to be and

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Prashant Mourya vs. State of Madhya Pradesh & Ors. Bakir Ali Rangwala vs. State of Madhya Pradesh & Ors.

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Original Application No.20/2025(CZ) Original Application No.11/2022(CZ)

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classified in ‘D’ category, which is not even bath able. The report discloses high fecal coliform and total coliform beyond the permissible limit prescribed by the CPCB, except Ratnakar Sagar, technically the higher value of fecal coliform and total coliform directly indicates the presence of sewage inside the pond. Reasons for higher value of the fecal coliform has not been narrated by the State PCB and no action have been taken by the State PCB or Municipal Commissioner, Ujjain for taking any remedial measures indirectly allowing the pilgrims/ tourists to utilise the polluted water of the Sapt Sagar for the pooja purposes, which is indirectly playing with the health of the tourist and their religious faith.

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Accordingly, we direct the Commissioner, Municipal Corporation, Ujjain and the State PCB to take immediate action and remedial measures and further to take punitive action as well as realisation of environment damage against those, who are polluting the water of Sapt Sagar, along with the efforts to improve the quality of water adopting various scientific technologies/methods available considering the Sinhasth to be organized in near future.

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It is further submitted that vide report dated 17.02.2026 details of the encroachment have been given by the Commissioner but no action has been taken by the Commissioner for removal of the encroachment.

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9. I.A. No. 76/2026 This I.A. have been moved by the applicant /Municipal

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Corporation to recall the order dated 29.01.2024 in so far as

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Prashant Mourya vs. State of Madhya Pradesh & Ors. Bakir Ali Rangwala vs. State of Madhya Pradesh & Ors.

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Original Application No.20/2025(CZ) Original Application No.11/2022(CZ)

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calculation and notices were issued by the State PCB with regard to the environmental damage.

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Learned counsel for the opposite parties has raised the objection that it is time barred and further submitted that the remedy lies by filing an appropriate application before the appropriate forum /appellate authority by filing the appeal. Since the alternate remedy is available, thus applicant may file the appeal before the appropriate forum. I.A as filed is not maintainable, I.A. stands disposed of accordingly.

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The commissioner is directed to take remedial measures within 30 days and submit the compliance report before next date of hearing to the Tribunal.

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List both the matters on 4^th September, 2026 .

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Sheo Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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4^th August, 2026,

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O.A. Nos. 20/2025(CZ) & 11/2022(CZ) K

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Prashant Mourya vs. State of Madhya Pradesh & Ors. Bakir Ali Rangwala vs. State of Madhya Pradesh & Ors.

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Original Application No.20/2025(CZ) Original Application No.11/2022(CZ)

Bakir Ali Rangwala S O Haji Ghulam Ali v. State of Madhya Pradesh through Principal Secretary

Case brief

What is this about?

What did the court decide?

Bakir Ali Rangwala S O Haji Ghulam Ali v. State of Madhya Pradesh through Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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