Item No. 05 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No.27/2025(CZ)

(O.A. No. 39/2025-PB)

Narendra Singh Applicant(s)

Vs.

State of Madhya Pradesh & Ors. Respondent(s)

Date of Hearing: 09.05.2025 CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant (s) : Mr. Narendra Singh (Applicant in person)

For Respondent(s) : Mr. Mehul Bhardwaj, Adv.

Dr. Sapna Aggarwal Adv.

ORDER

1. Issues raised in this application are discharge of untreated water into the Sita Sagar and cutting of the trees without due permission from the authorities and filling up a large portion of the submerged land of the pond and concreting the selfie points, pathways in violation of guidelines.

2. This Tribunal after taking cognizance of the letter petition constituted a joint committee consisting the members of District Administration with direction to submit the factual and action taken report. In compliance of the order the members of the joint committee visited the site and submitted the report as follows :-

“The Sita Sagar pond is situated at Village- Datia Gird, Tehsil- Datia City, District- Datia. GPS location of Sita Sagar pond, Village- Datia Gird, Tehsil-Datia city, District-datia has been recorded using a mobile-based GPS application. GPS coordinates of pond is 25.659274 Ν, 78.45943 E.

Following observation and information gathered by the joint committee are as under : -

1. Sita Sagar pond is very old and constructed by King of Datia somewhere in the year 1707. The present area of the pond reported by DMC is 8.46 hectare, so this pond comes under the purview of Wetland.

2. Chief Municipal Officer of Datia Municipal Council (DMC) intimated that for conservation and management of Sita Sagar pond a plan was sanctioned by MoEF&CC (Wetland Division), New Delhi on dated 27.01.2021 under centrally sponsored scheme "National Plan For Conservation of Aquatic Life Eco System" (NPCA) on 60:40 cost sharing between the government of India and Madhya Pradesh Government. The sanctioned amount for plan is Rs. 13.85 Crore. Approval order issued by MoEF&CC dated 27.01.2021.

3. Nodal agency for implementation of this Integrated Management Plan (IMP) is EPCO Bhopal whereas DMC is the implementation agency for the IMP and to carry out operation and maintenance after implementation of IMP.

4. JC found during visit that works of implementation of sanctioned IMP are carried out by DMC. DMC person reported that about 80% of the IMP works has been completed and remaining works are under progress. The status report of IMP implementation is provided by DMC.

5. During visit JC made following observation-

➢ Sita Sagar pond is situated within the city limit of Datia town.

➢ Lot of colonies are developed all around this pond. The sewage of these colonies goes to this pond through 02 storm water drains continuously. Due to storage of sewage in this pond about 80% of the pond surface is covered with dense weed growth. For proper collection. of sewage from 02 storm water drains, these drains are made pacca by concrete and 02 sumps and pumping stations adjoined to these drains are installed for pumping the sewage to sewer line of the town passing away from the Pond.

➢ The works carried out by DMC at Sita Sagar are found as per the approved IMP.

➢ DMC authority intimated that only four trees were cut around Sita Sagar since those trees were very old, weak and almost bowed inside the pond area due to which they were damaging pitching of pond and soil erosion occurred which was dangerous to pond embankments stability.

➢ Weed harvesting machine already been procured by DMC and seen to be placed on the bank of the pond but was not found operational. DMC person told that due to less depth of water in pond and high density of weed present in the pond this weed harvesting machine could not work properly. Also for weed harvester operation experienced marine license holder operator require