NGT Directs Madhya Pradesh to Demarcate and Protect Tiger Habitat, Enforce Forest Laws Amid Encroachment Concerns - 2025-04-05

Laws, Courts & Judgments.

NGT Orders Madhya Pradesh to Secure Tiger Habitat and Tackle Encroachments Near Bhopal

Bhopal, India – The National Green Tribunal (NGT), Central Zone Bench, Bhopal, has directed the Madhya Pradesh government to undertake a comprehensive exercise to demarcate, identify, and protect forest lands surrounding Bhopal, crucial for tiger habitat and wildlife corridors. The order came in response to a petition (Original Application No. 160/2024(CZ)) filed by Rashid Noor Khan , raising concerns about encroachments, deforestation, and activities allegedly disrupting the delicate ecological balance of the Chandanpura Forest Region.

Case Background: Protecting Tiger Territory

The applicant, Rashid Noor Khan , highlighted the Chandanpura Forest Region's significance as a tiger habitat and breeding ground, acting as a vital link between Kerwa and Kaliyasote Dam . He argued that continuous human interference, including the operation of Jagran Lakecity University (JLU) and related developments, was fragmenting this corridor and endangering the tiger population. Specific allegations included illegal construction by JLU, frequent forest fires near its campus, and plotting activities impacting wildlife movement and water sources.

Arguments Presented Before the Tribunal

Applicant's Stance: Advocate Yashdeep Singh Thakur, representing the applicant, emphasized the ecological importance of the Chandanpura forest as a tiger corridor connected to Ratapani Tiger Reserve. He argued that despite being a notified protected forest, encroachments and activities, particularly by Respondent No. 9, Jagran Lakecity University, were causing habitat destruction and increased human-wildlife conflict. The applicant pointed to instances of forest fires, illegal construction, and events causing noise and light pollution, further disrupting the wildlife.

Respondents' Defense: Counsel for various respondents, including Jagran Lakecity University and WALMI Bhopal, presented preliminary objections and factual rebuttals. JLU argued that its campus was established long before the area was notified as protected forest and denied allegations of encroachment and environmental violations. WALMI Bhopal asserted its biodiversity conservation efforts, including a boundary wall for protection, clarifying it's not within a designated tiger corridor and has taken measures to be wildlife-friendly. The State Government and Forest Department acknowledged the ecological significance of the area but detailed ongoing efforts for protection and monitoring, including pending encroachment removal proceedings against JLU and highlighting that the area is not a formally declared Tiger Reserve or Eco-Sensitive Zone under the Wildlife Protection Act.

Tribunal's Observations and Reliance on Precedents

The NGT bench, comprising Hon’ble Mr. Justice Sheo Kumar Singh (Judicial Member) and Hon’ble Dr. Vijay Kulkarni (Expert Member), considered reports from a joint committee constituted to investigate the allegations. The Tribunal also referred to previous orders in similar cases and cited the Supreme Court's landmark judgment in T.N. Godavarman Thirumulkpad v. Union of India , emphasizing the broad definition of "forest" and the need for its protection irrespective of ownership. The Tribunal acknowledged the Forest Department's report confirming tiger movement in the area and ongoing conservation efforts.

A significant portion of the judgment addressed the issue of encroachment by Jagran Lakecity University, referencing previous demarcation exercises and pending land diversion applications. The Tribunal noted that while the area is ecologically sensitive and a tiger habitat, it is also undergoing urbanization with residential and commercial developments.

Key Excerpts from the Judgment:

> “The total allegation of the applicant is on the basis of the paper reporting, or movement of the Tiger or Google Map and all these cannot be set to be full proof evidence for declaring the area as desired by the applicant. The number of the respondents are more than forty and all the learned advocates appearing for the parties had submitted that they were unnecessary arrayed respondent in the case and they have no concern with the allegation as leveled in the application.”

> “To sum up the whole, if there is any dispute with regard to the question as to whether it is a forest land or not, it is the department concerned who has to agitate before the competent authority, to move the application before the authority concerned and to decide it in accordance with law. The Forest Act itself provides to issue a notification wherever a question is raised and matter is to be decided as to whether it is reserved a forest land or not and a officer as prescribed in Section 4 of Forest Act can be notified.”

> “Accordingly, we find no substance in Clause A to H and J of relief Clause of the application and are not maintainable before this Tribunal. The applicant may move an application before Competent Authority of the State or Wildlife Department.”

Final Order and Implications

The NGT disposed of the application but issued crucial directives. It ordered the Chief Secretary of Madhya Pradesh to constitute a committee of senior officials from Forest, Revenue, and Urban Development departments to:

Verify land records: Examine and verify records pertaining to state-owned forest lands.

Demarcate forest areas: Identify and demarcate forest lands through surveys, using wiring or pillars to secure boundaries.

Update revenue records: Ensure accurate entries in Land Revenue Records and share copies with relevant departments.

Crucially, the Tribunal directed immediate removal of encroachments identified by revenue authorities, particularly those involving Jagran Social Welfare Society, and handover of the land to the Forest Department. It further directed the Department of Town and Country Planning to incorporate recommendations from the Forest Department and adhere to sustainable development principles in future infrastructure and residential project planning within the region, considering its proximity to tiger habitat and the need to mitigate human-wildlife conflict.

This order underscores the NGT's commitment to protecting vital ecological zones and enforcing forest laws, even in areas undergoing rapid urban development. While not declaring the region a Tiger Reserve, the Tribunal's directives aim to safeguard the existing tiger habitat and ensure responsible development planning to minimize environmental impact and human-wildlife conflicts in the Bhopal region.

Date of Judgment: April 4, 2025 Bench: Hon’ble Mr. Justice Sheo Kumar Singh , JM; Hon’ble Dr. Vijay Kulkarni , EM