Construction within 50m buffer of Ramsar wetland FTL prohibited; encroached area to be protected and removed per Wetland Rules, 2017.

ORDER

1. Issue raised in this application is encroachment, cutting trees & construction of illegal multi storey building over the part of International Ramsar convention site Bhoj Wetland situated upon part of Khasra No. 74 &75 village Kohefiza Tehsil- Huzur District Bhopal. This wetland has been accepted and designated as a Ramsar Site of International Importance on 19.08.2002 by the Government of India. This Ramsar site is an unique manmade wetland & its supports a wide variety of flora & fauna Bhoj Wetland hosts a large number of birds in its waters as well as around it & there are about 43 fish species depend on the wetland for food, spawning and nursery. This Ramsar Site of international importance, comprising the Upper and Lower Lakes in Bhopal, holds significant ecological value and is governed by Wetland Rules, 2017, which were enacted to protect and preserve such vital ecosystem. However, the Government of Madhya Pradesh through its Environment Department has issued an order No. 302/233/2022/32-3 dated 16.03.2022 with regard to Bhoj Wetland for implementation of Wetland Rules, 2017. Under this order Particularly Section 4 (A) any type of permanent construction, encroachment and alternation for non-wetland use is prohibited within a distance of 50 meters from Upper Lake Full Tank Level (FTL) and in compliance with the Wetland Rules, 2017. To implement these rules for the Bhoj Wetland. That in the year 2019, Lake Conservation Cell (Municipal Corporation Department Bhopal) conducted a survey of Bhoj Wetland Bhopal. According to the said survey report, Khasra No. 74 & 75 village Kohefiza comes under the Bhoj Wetland.

2. It is further contended that Respondent No. 1 & 2 are encroaching, cutting trees and construction of illegally multi story building over the Bhoj Wetland area in contravention of Wetland (Conservation & Management) Rules 2017, [Rule 4(2) (vi)] which threatens the ecological balance around the area.

3. The matter was taken up by this Tribunal and a committee was constituted with the direction to submit the factual and action taken report. In response to the above order, the members of the committee visited the site and submitted the report as follows :-

1. “FIELD OBSERVATION

Joint committee conducted a site visit of khasra no. 74 and 75 situated in Village-Kohefiza, Tehsil-Huzur, District-Bhopal on dated 14/05/2024. During site visit, apart from the Joint Committee members following officials Shri Jainendra Chandel, Chemist, RO, MPPCB, Bhopal, Ms. Meenu Goswami, Patwari, Shri Firoz Ali, Inspector and Shri Narendra Parmar, Tehsildar Tehsil – Huzur, District Bhopal were present. The Advocate of petitioner Shri Shariq Choudhary was present during the visit. The Photographs are enclosed. The Geographical locations, photographs and visual observations were recorded during inspection and the observations are as under:

i. The Advocate of petitioner shown the site and the site is located at Village-Kohefiza, Tehsil-Huzur, District-Bhopal, Madhya Pradesh. The geographical location of the site is latitude 23° 15' 39.8556'' N and longitude 77° 22' 50.7684'' E.

ii. A multistoried building is found constructed at the above mentioned location.

iii. While visiting the site, the committee identified that the same building was visited earlier for another NGT case regarding the similar issue.

iv. The similar case of the said site is identified as OA No. 32/2023 (CZ) Faraz Azam V/s State of M.P. & Ors.

v. In the OA No. 32/2023 (CZ) Faraz Azam V/s State of M.P. & Ors. a joint committee was constituted by Hon’ble NGT and accordingly as per instruction of Hon’ble NGT the committee visited the site and submitted its report befo