It is for govts to strike a balance between preservation & utilization, not courts: NGT on Ujjain's Goverdhan Sagar encroachment

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The National Green Tribunal Central Zone Bench, Bhopal has ordered the Collector, Ujjain (Madhya Pradesh) to remove encroachment over city's Govardhan Sagar Tank area and to file an Action Taken Report within two months i.e. before July 5.

Taking serious view of the encroachment in the name of development, the Tribunal bench comprising Justice Sheo Kumar Singh (Judicial Member) and Dr. Arun Kumar Verma (Expert member) noted,

"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...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."

The order was passed on an application moved by one Bakir Ali Rangwala raising the issue of encroachment on water bodies, Talab (ponds) around the Govardhan Sagar Tank, Ujjain. The reservoir, which is one of the "Sapt Sagar", holds historical and religious importance and 300 meters area around it is kept as a green belt in the Ujjain development plan 2021.

Stressing that the Govardhan Sagar Tank is used by the general public since time immemorial for religious and other purposes, Ali had alleged that as a result of the continuous neglect, certain private persons and housing societies have made various encroachment constructions along the talab which is causing damage to the water body and depletion of water resource.

Taking note of Ali's plea, the Tribunal further directed the Collector, and the Municipal Corporation/Municipal Council, Ujjain to ensure that no solid waste or untreated sewage water should be thrown in the pond area.

"If it is found that there is a violation of Solid Waste Management Rules, 2016, State Pollution Control Board is directed to take necessary action, initiating prosecution as well as calculation and realisation of Environmental Compensation as per parameters laid down by the Central Pollution Control Board", NGT bench directed. 

The Municipal Corporation has also been directed to ensure the installation of a Sewage Treatment Plant (STP). Court directed a copy of the order be sent to the Secretary (Environment), State of Madhya Pradesh and noted that he shall monitor or may constitute a committee or direct the authorities concerned to comply the order and remove the encroachment on the State land/water bodies which was found unauthorized and illegal.

The Member Secretary, Madhya Pradesh Pollution Control Board has also been directed to constitute a Committee of three Regional Officers including the Regional Officer of Ujjain to implement the rule of law and enforce the environmental laws.

Case Title: Bakir Ali Rangwala v. State of M.P. through Principal Secretary & Ors.