NGT Tears Into Bhopal Municipal Corporation Over Bhoj Wetland Delay

Bhopal (Madhya Pradesh): National Green Tribunal (NGT) on Wednesday came down heavily on Bhopal Municipal Corporation (BMC) and Bhopal district collector over the prolonged failure to remove encroachments from the Bhoj Wetland, observing that six years of inaction reflects a "lack of regard for the rule of law."

Hearing an application filed by Rashid Noor Khan, the Central Zone Bench directed the authorities to remove all encroachments from the Full Tank Level (FTL) and notified buffer zone in accordance with the Wetland (Conservation and Management) Rules, 2017.

The Tribunal also remarked that the continued delay in identifying, demarcating and measuring the wetland boundary "indirectly implies the intentions to protect certain favourable constructions done in the prohibited area in violation of environmental norms."

The state government's counsel assured the Bench that appropriate action would be taken before the next date of hearing. The NGT directed the BMC and the Collector to submit a fresh compliance report detailing action taken to remove encroachments before the next hearing, scheduled for July 29.

Tribunal rejects delay as justification

The case has been pending since 2020, but the Tribunal noted that authorities have yet to complete the basic exercise of demarcating the wetland. During the hearing, the applicant's counsel submitted that although a few encroachments had been removed, several major illegal structures continue to exist within the protected area.

The BMC informed the Tribunal that encroachments exist on wetland, private and government land, and argued that action in some cases was restrained because the affected properties are protected by interim orders of the Madhya Pradesh High Court.

The Tribunal, however, clarified that while orders of higher courts must be respected, they cannot be cited as a blanket reason to allow illegal constructions to continue.

It directed the civic body to determine whether the disputed structures fall within the prohibited wetland area or violate the Wetland (Conservation and Management) Rules, 2017, and to take action in accordance with law.

No action report despite six hearings

Applicant's counsel advocate Harshwardhan Tiwari told Free Press that despite the Tribunal first seeking an action report on October 7, 2025, the BMC has failed to submit even a single compliance report despite six hearings over the past year.

According to Tiwari, the Tribunal also questioned the BMC's reliance on High Court stay orders, observing that if disputed constructions fall within the prohibited wetland area or violate the Wetland (Conservation and Management) Rules, 2017, the Corporation should approach the High Court with the relevant facts instead of allowing the encroachments to remain intact.