NGT Imposes Rs.1 Crore Compensation On Bhopal Municipal Corporation For Illegal Construction On Bhopal Lake, Orders Demolition Within 1 Month

The National Green Tribunal (NGT) has imposed a Rs.1 crore compensation on the Bhopal Municipal Corporation (BMC) for undertaking illegal construction allegedly carried out for floating restaurants in a prohibited area of Bhoj Wetland, also known as Bhopal Lake.

Directing BMC to refrain from proceeding with any further permanent construction on the site, the Tribunal has ordered the demolition of the already constructed RCC within one month.

The bench of Justice Sudhir Agarwal and Dr. Afroz Ahmad said, “Since permanent construction at the prohibited site has caused damage to the site and requires restoration of the site as also restoration of the ecology and remediation of damage already done to the environment, we impose inter-alia environmental compensation of Rs. One Crore upon respondent 1 i.e., BMC which it shall deposit within three months with MPPCB.”

The said amount of environmental compensation shall be utilized for restoration of the site in question as it originally was and also for restoration of ecology and environment by preparing a plan, it added.

Rashid Noor Khan filed a plea before the NGT, raising grievances against the construction of permanent structures on the land that is part of Bhoj Wetland, also known as Bhopal Lake. The plea highlighted the proposal for a floating restaurant, which is causing damage to the wetland, its ecosystem, and biodiversity.

Bhopal Lake is an important wetland of Ramsar sites and has importance of being cultural heritage to the city of Bhopal.

The area over which construction is being made falls within 10 meters of FTL where any permanent construction is strictly prohibited under the Rules applicable to wetland, in particular Wetlands (Conservation and Management) Rules, 2017 (Rules) and guidelines issued in this regard by MoEF&CC in 2020, the applicant submitted.

A Joint Committee report was filed in pursuance of the NGT directions. Upon perusal, the Tribunal noted that "at ground level, several RCC pillars have been erected." The report, along with photographs, reveals that there are approximately 22 column footings, i.e., RCC columns. Some of them have already been raised up to and above ground level, while the rest are yet to be initiated, NGT said.

The site in question is located within 50 meters of FTL between the road and retaining wall of the upper lake, it added.

Rule 4(2)(vi) clearly prohibits any construction of a permanent nature within fifty metres from the mean High Flood Level observed in the past ten years, calculated from the date of commencement of rules 2017, the bench observed.

The only exception found to the rules was construction of boat jetties. However, the Tribunal refused to accept the contention of BMC that construction was for boat jetties.

Considering the submissions, the bench opined that, “It cannot be doubted that the provisions of Wetland Rules, 2017 have to be followed. The Guidelines of 2020 of MoEF&CC and Administrative order dated 16.03.2022 also lay down similar provisions. The rigour of clear provisions thereof cannot breached by reference to any decision of State or Local Body/authority in as much as EP Act, 1986 is a Central Act and provisions framed thereunder as also the Rules framed there under shall prevail over any decision of State or local bodies.”

Consequently, the bench held that construction in question by proposing to raise RCC pillars in such a huge numbers, in and at the prohibited area of Bhoj Wetland i.e. within “Zone of Influence”, is clearly illegal and impermissible, and cannot be allowed.

It also cannot be doubted that in raising permanent construction in the form of RCC columns, ecology of the area has been seriously disturbed and damaged. Ecology and environment damaged by BMC has to be restored at the cost of the violator i.e BMC, it added further.

In the light of the above with the directions for demolition, the bench imposed an environmental compensation of 1 crore on BMC, applying the polluter pays principle.

“If the expenses for restoration are more than Rs. One Crore, it will be open to MPPCB to raise demand of such additional amount of environmental compensation from BMC and the same shall be paid by BMC within one month of raising of demand,” it added.

Case Title: Mr. Rashid Noor Khan v. BMC &Ors.

Appearance: Advocate Hardhwardhan Tiwari for applicant.

Advocate Sachin K.Verma for State.