Madhya Pradesh: NGT Dismisses Petition Against Re-Densification Of Collectorate & Professor Colony

Bhopal (Madhya Pradesh): The National Green Tribunal (NGT) has dismissed a petition seeking to cancel a Gazette Notification from July 21, 2023, and an order from July 28, 2023, regarding environmental clearance granted by the State Environment Impact Assessment Authority (SEIAA). The notification pertained to the re-densification of Collectorate Complex and Professor's Colony by the Madhya Pradesh Housing and Infrastructure Development Board (MPHIDB).

The petition alleged that SEIAA improperly authorised construction within 50 metres of Bhoj Wetland, a Ramsar site of international importance, by ignoring facts related to the lower lake and focusing only on the upper lake’s distance. The subsequent Gazette Notification reduced the no-construction zone from 50 metres to 33 metres, permitting the cutting of nearly 390 trees, including many heritage trees. This, the petitioner argued, constitutes illegal tree felling and poses risks to water quality, violating the Environment (Protection) Act, 1986, and Wetlands (Conservation and Management) Rules, 2017.

Advocate Harshwardhan Tiwari, representing petitioner Nitin Saxena, stated that they have the option to appeal in the Supreme Court.

NGT Recommendations

The government is directed to comply with the Wetland (Conservation and Management) Rules, 2017, maintaining the required minimum distance that prohibits permanent construction in specified areas.

The Madhya Pradesh Housing and Infrastructure Development Board must adhere to its commitment to cut only 110 trees and relocate 90 trees appropriately.

Construction activities in the buffer zone must be strictly monitored, with quarterly reviews using high-resolution satellite imagery from agencies like NRSA/ISRO.

A dedicated cell with qualified personnel and appropriate budget allocations should be established under SWA/EPCO to oversee remote monitoring of the 50-metre buffer zone.

Urban Local Bodies are to install clear signage to prevent any permanent construction within 50 metres of the high flood level (HFL) of the Upper and Lower Lakes.

Additionally, an Integrated Management Plan for Bhoj Wetland must be developed, with SWA/EPCO taking necessary actions.