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Item No.3

BEFORE THE NATIONAL GREEN TRIBUNAL

CENTRAL ZONE BENCH, BHOPAL

(Through Video Conferencing)

Original Application No. 43/2020

Jaya Thakur

Applicant (s)

Versus

State of Madhya Pradesh & Ors

Respondent(s)

Date of hearing: 05.04.2022

Date of uploading : 07 .04.2022

CORAM:

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HON’BLE MR. JUSTICE ARUN KUMAR TYAGI JUDICIAL MEMBER

HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

HON'BLE DR. AFROZ AHMAD EXPERT MEMBER

For Applicant (s):

Mr. Varun Thakur, Adv.

For Respondent(s) :

Mr. Sachin K. Verma, Adv.

ORDER

1. Grievances raised in this application are illegal construction both

residential and commercial by way of encroachment and dumping of the

solid waste, medical waste material, domestic waste material and

municipal waste materials, discharge of sewage and polluted water into

the lake named Sagar lake situated in the heart of the city known as

Sagar in the State of Madhya Pradesh and thus badly affecting the

ecology of the lake. The submission of the applicant are that :

“I.

The lake which forms the centre of the town, extends over an area

about 400 acres. Formally it was perhaps much larger and

covered the ground on which the Town Hall, the Tehsil Office and

Gopal ganj quarters now stand. The present Collectorate a large

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building situated on a hill overlooking the City, was constructed in

1820 as the residence of the Governors General‟s Agent. The lake

was improved and deepened during the famine of 1900 at a cost of

about Rs. 7000. Due to topography of the region and the existence

of the Sagar Lake very little improvement was effected in the old

parts of the town.

II.

That Sagar Lake is situated in the heart of Sagar city ( 23 degree

50 Minutes N: 78 degree 45 Minutes E and 517 MSL) with an area

of 82 hectares. It is a shallow, rained lake with a small catchment

(588 hectares), and its north westward drainage agrees well with

the general north westward drainage pattern of the district

(Mishra, 1969). The entire lake can be divided into two parts; the

main lake occupying an area 68 hectares and a small wetland of

14 hectares . The main lake is well protected by a large number of

ghats, houses, roads and a stone fencing wall all around, except

on the southern open side which ultimately terminates in the

satellite wetland which is connected to the main lake by a narrow

passage through the earthen bund. The rain water from the

south-western side enters in the satellite lake through the feeder

canal in the west, whereas the outflow is through Mongha weir in

the main lake situated at the back of the Ganga Mandir.

III. That the weir regulates the outflow and helps to maintain the

water level. The main lake is shallower on the north-eastern

eastern and south-western sides, with its deepest point (5.5m)

near the fort side and the average depth is around 2 meters. The

lake is used for bathing, washing clothes, recreation, navigation,

Trapa cultivation etc. A large number of cattle may be seen

wallowing specially at the southern side, disturbing and churning

the sediments.

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IV. That over the years, in the above Lake lot of constructions both

residential and commercial by way of encroachment have been

made within the lake and the District Administration and Local

Authorities are allowing constructions to come up and thereby the

lake is getting polluted and the water body itself has shrunk

inside as a result of above. The result of the encroachment is that

lake is shrinking in size and pollution is being caused to the water

body.

V.

That one building namely Vandana Bhawan, Parkota is also

constructed and running their office after the encroaching the

land of Sagar Lake. That, Chetanya Hospital is also constructed

and running after encroaching the land of Sagar Lake. The people

encroached the Lake after constructing the temple