NGT Orders Sirpur Ramsar Site Protection: Mandates Encroachment Removal & Strict Compliance with Wetland Rules, 2017 by Indore Authorities: National Green Tribunal (Central Zone Bench) - 2025-05-27

Laws, Courts & Judgments.

NGT Cracks Down on Encroachment and Pollution at Sirpur Ramsar Site, Issues Sweeping Directives to Indore Authorities

Bhopal , MP – The National Green Tribunal ( NGT ), Central Zone Bench, Bhopal , in a significant judgment dated May 26, 2025, has issued a series of stringent directives to the Indore Municipal Corporation (IMC) and other state authorities for the protection and restoration of the Sirpur Wetland, a designated Ramsar site of international importance. The bench, comprising Hon’ble Mr. Justice Sheo Kumar Singh (Judicial Member) and Hon’ble Dr. Afroz Ahmad (Expert Member), addressed an application filed by Mr. Rashid Noor Khan concerning encroachment and illegal constructions adversely affecting the wetland's ecology.

The Tribunal mandated the immediate removal of all identified encroachments, strict adherence to environmental laws, particularly the Wetland (Conservation & Management) Rules, 2017, and comprehensive measures to prevent pollution and restore the wetland's health.

Case Background: Protecting an Avian Paradise

The applicant, Mr. Rashid Noor Khan , raised concerns about ongoing encroachment and permanent constructions by the Indore Municipal Corporation within the Full Tank Level (FTL) and the prohibited 50-meter zone of the Sirpur Wetland. Designated a Ramsar site in August 2022, Sirpur Lake is a vital habitat for nearly 189 bird species, including migratory birds, and was recognized as an Important Bird Area (IBA) by Bird Life International in 2015.

The applicant argued that these constructions violated the Environment (Protection) Act, 1986, the Wetland (Conservation & Management) Rules, 2017, and other environmental statutes, thereby threatening the wetland's biodiversity and ecological balance.

Arguments Presented

Applicant's Stance: Mr. Harshwardhan Tiwari, counsel for the applicant, highlighted that the constructions, including concrete walls and pillars for a Sewage Treatment Plant (STP), were adversely affecting the wetland's ecology, natural drainage, and hydrology. He emphasized India's obligations under the Ramsar Convention and the constitutional mandate to protect the environment under Articles 21 and 48-A.

Indore Municipal Corporation's Defense: Mr. Prashant M. Harne, representing the IMC, contended that the 20 MLD STP was crucial to prevent untreated sewage from polluting Sirpur Lake , which was already facing eutrophication. The IMC stated that the STP project planning and approvals (October 2021 - early 2022) predated the Ramsar site declaration (August 2022), although construction commenced in 2023. They argued that no other suitable government land was available due to topographical constraints for the gravity-based sewage system. The IMC also cited its efforts in removing other encroachments around the lake.

Joint Committee and Other Authorities: A Joint Committee, constituted by the NGT , confirmed that parts of the STP were within 50 meters of the FTL. While acknowledging the necessity of the STP to treat sewage from surrounding colonies (many of which predate the Ramsar notification), the committee recommended compliance with wetland rules, removal of other encroachments, and installation of pollution control measures. The State Wetland Authority and Pollution Control Boards also submitted their reports and actions taken.

Legal Principles and Precedents Invoked

The NGT 's judgment extensively referenced key environmental laws and principles:

* Wetland (Conservation & Management) Rules, 2017: Particularly Rule 4, prohibiting certain activities within wetlands and a 50-meter zone from the FTL.

* Environment (Protection) Act, 1986.

* Public Trust Doctrine: Citing Supreme Court judgments like M.C. Mehta v. Kamal Nath , the NGT underscored that the State acts as a trustee of natural resources.

* Precautionary Principle and Polluter Pays Principle.

* Supreme Court directives in Paryavaran Suraksha Samiti Vs. Union of India regarding the establishment and functioning of STPs.

The Tribunal noted, "Protection of natural resources is prime responsibility of State... State as a trustee, is under a legal duty to protect natural resources. These resources meant for public use cannot be converted into private ownership."

NGT 's Landmark Directions

After perusing records and hearing counsels, the NGT issued comprehensive directives, emphasizing the "utter neglect of constitutional obligation by the State Authorities." Key directions include:

Encroachment Removal:

The Collector and Municipal Commissioner, Indore, are directed to remove all 437 identified encroachments, covering approximately 6.517 hectares within villages Sirpur and Bank, within three months . Failure to comply will result in personal responsibility for these officials.

The Tribunal stated, "Maintaining flood plain level of lakes free from any further encroachments and removing existing encroachments...to enforce the law of the land."

Sewage Treatment Plant (STP) Construction:

Acknowledging that minor portions of the STP (1 to 5 meters) were within the 50m FTL prohibited zone, and considering the IMC's argument of pre-Ramsar planning, the NGT ordered a compensatory measure.

The IMC must ensure that double the area found in violation of the distance criteria is added to the Sirpur wetland from other sites, or another wetland in Indore district must be proportionally increased.

The IMC is further directed to fund the installation of pillars and wiring around the entire wetland, including the FTL area, accompanied by deep plantation at the border.

Dredging of sludge and solid waste before rainfall to increase water retaining capacity.

Pollution Control and Wetland Restoration:

Strict compliance with Rule 4 of the Wetland (Conservation & Management) Rules, 2017.

No discharge of untreated sewage into the lake. The State Pollution Control Board (SPCB) to assess and realize environmental compensation for past violations, to be used for Sirpur Lake 's improvement.

Establishment of an Online Continuous Water Quality Monitoring System by the SPCB.

Installation of an aeration system (e.g., floating fountains) by IMC, with the number to be decided by the Wetland Authority, within three months.

Regular removal of water hyacinth and garbage.

High- Level Monitoring and Accountability:

The Chief Secretary, Madhya Pradesh , is directed to forthwith convene a meeting of concerned departments (Public Health, Irrigation, Environment, Urban Development, Revenue) along with statutory regulators (SPCB, State Wetland Authority) to prepare a roadmap with timelines, budgetary support, and accountable authorities.

The Environment Department is suggested as the nodal agency.

Personal responsibility for the State Wetland Authority and heads of Municipal Councils/Corporations to protect wetlands and prevent future encroachments.

Awareness and Documentation:

IMC to establish an Interpretation Centre at the wetland site.

Preparation of a Coffee Table Book and launch of a Website on Sirpur Wetland.

The NGT emphasized, "Damage to the nature cannot be compensated by the money. Nature can be compensated only by the means of development of the natural things."

Implications of the Judgment

This ruling by the NGT sets a strong precedent for the protection of Ramsar sites and other ecologically sensitive wetlands across the country. It highlights the judiciary's commitment to enforcing environmental laws strictly, while also attempting to balance necessary developmental activities with robust environmental safeguards and compensatory mechanisms. The judgment places significant responsibility on high-level state officials to ensure compliance, signaling a zero-tolerance approach to encroachment and pollution of vital water bodies.

The Principal Secretary (Environment) and Principal Secretary (Urban Development), Madhya Pradesh, are required to file a consolidated action taken report within three months. The case, Original Application No. 57/2024, stands disposed of with these directions.