Order of the National Green Tribunal (Central Zone Bench, Bhopal) in the matter of Jagrat Agarwal & Others Vs MoEF&CC & Others dated 19/11/2024.

The issue of discharge of untreated water into the waterbody, encroachment on the waterbody and dumping of the municipal solid waste was raised in the application and a committee was constituted with direction to submit the factual and action taken report.

The members of the committee visited the site and submitted the report with the facts that there are encroachments and discharge of untreated water and throwing of garbage in the waterbody in the town of Shivpuri.

The recommendations said that the District Administration should ensure strict compliance of section 4 of the Wetland Rules, 2017 and to ensure that there will not be any encroachment on wetland. Weeds should be removed in a scientific manner in Jadhav Sagar, Sakhya Sagar and Madhav Sagar lake. Another recommendation included bioremediation and restoration of lake bed to improve the water carrying and holding capacity of lakes. Further, preventive measures should be taken by PHED Shivpuri and Nagar Palika Shivpuri to ensure no untreated or partially treated sewage enters the lakes.

The NGT directed the Municipal Corporation and the Madhya Pradesh Pollution Control Board to implement the recommendations as soon as possible. The Wetland Authority is directed to demarcate, identify and to protect the wetland according to Wetland Rules, 2017.

The respondents were directed to submit their reply within a week.

Issue raised in the application was non-compliance of Water Act, 1974 and discharge of untreated water into the water bodies/lake and throwing the municipal waste into the water bodies - Jadhav Sagar and Sakhya Sagar in violation of rules.

Jadhav Sagar lake, one of the Shivpuri district’s oldest water bodies, is recognized as a wetland. Jadhav Sagar lake along with Sakhya Sagar, forms a wetland complex per Section 2(h) of the Wetland Conservation & Management Rules, 2017 (WLR 2017) and are protected by the same.

Despite the ecological importance of the water bodies, a tender worth ₹1.35 crore was issued by the Nagar Palika for Jadhav Sagar Lake and included provisions for concretizing 500 meters of the surrounding nallahs. The construction threatens the hatching Mugger crocodile eggs and poses a severe risk to the region’s biodiversity. Additionally, the water quality in Jadhav Sagar and Sakhya Sagar has been deteriorating due to unregulated human activities, municipal waste, and untreated sewage, violating the Solid Waste Management Rules, 2016. This has led to eutrophication and the proliferation of Water Hyacinth, severely impacting the ecosystem.

The Madhya Pradesh Pollution Control Board issued a directive on March 15, 2023, to the Municipal Council of Shivpuri, the Mineral and Resource Department, Shivpuri, and the Forest Department, Shivpuri, outlining actions needed to mitigate ecological degradation in the green zone surrounding Sakhya Sagar and Jadhav Sagar Lakes. However, no corrective measures have been implemented to date.