The right to a clean environment is a fundamental right under Article 21, and local authorities must ensure compliance with environmental laws to prevent pollution and protect biodiversity.

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER Date of completion of hearing and reserving of order : 21.07.2025 Date of uploading of order on website : 25.07.2025 JUDGMENT

1. By means of filing this application, the Applicants have sought the following reliefs:-

i. Direct the responsible authorities to take necessary actions in accordance with the law for prevention, control or abatement of water pollution in the Sakhya Sagar Lake and other connecting water bodies.

ii. Direct the District Magistrate and the Chief Municipal Officer, Nagar Palika Parishad Shivpuri to immediately stop the illegal and unscientific dumping of solid waste and untreated sewage into the Jadhav Sagar Lake and the Sakhya Sagar Lake and take action for efficient removal of water hyacinth from these bodies.

iii. Direct the District Magistrate and the Chief Municipal Officer, Nagar Palika Parishad Shivpuri to take immediate steps to clear waste dumped in the said area and the stream connecting the Jadhav Sagar and Sakhya Sagar Lake.

iv. Direct the District Magistrate and the Chief Municipal Officer, Nagar Palika Parishad Shivpuri to remove encroachments in the said area.

v. Direct the District Magistrate and the Chief Municipal Officer, Nagar Palika Parishad Shivpuri to ensure immediate removal of encroachments along nallahs and other water bodies.

vi. Direct the authorities to immediately halt the process of concretizing the nallahs to protect the numerous eggs of Marsh Crocodiles.

vii. Impose environmental compensation on the responsible agencies for the damage caused to the Sakhya Sagar Lake and its biodiversity by unscientific dumping of waste in violation of the Solid Waste Management Rules , 2016 and the orders of this Hon'ble Tribunal.

viii. Direct cost to be imposed on any person found dumping any waste, in accordance with Section 15 of the National Green Tribunal Act , 2010 and the Polluter Pays Principle.

ix. Direct departmental proceedings against the responsible agencies who have permitted the illegal dumping of waste in the Jadhav Sagar Lake and Sakhya Sagar Lake and also failed to take actions to cease the said dumping.

x. Direct the Madhya Pradesh Pollution Control Board or other competent authorities to periodically inspect the water quality of the Jadhav Sagar Lake as the water from the Lake flows into the Sakhya Sagar Lake and Madhav Lake inside Madhav National Park. It may also be further directed to take necessary steps to restore its quality to healthy levels, if required.

xi. Direct responsible authorities to submit action taken and compliance reports in respect to restorative actions that are being carried out.”

2. Issue raised in this application is non-compliance of Water (Prevention and Control of Pollution) Act, 1974, and discharge of untreated water into the water bodies/lake and throwing the municipal waste into the water bodies in violation of rules. In 1918, the Maharaja of Gwalior constructed three dams across the Maniyar River, forming the "Three Lakes of Shivpuri" Jadhav Sagar, Sakhya Sagar, and Madhav Lake. Sakhya Sagar Lake, recognized internationally as a Ramsar Site under the Convention on Wetlands, is situated on the outskirts of Shivpuri. Jadhav Sagar Lake, one of the district's oldest water bodies, is recognized as a wetland in accordance with the decision of the Hon'ble Supreme Court in M. K. Balakrishnan v. Union of India (2017) 7 SCC 805 . This 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.

3. The overflow from J