The National Green Tribunal’s Central Regional Bench in Bhopal has issued a landmark order to protect the Kerwa Dam from illegal soil filling and waste dumping. The tribunal took up the matter on its own initiative after newspaper reports revealed massive environmental violations in the Kaliyasot-Kerwa Dam area.
The NGT clarified that Rashid Noor Khan was the original complainant who repeatedly raised concerns about the violations with administrative and judicial authorities. Advocate Harshvardhan Tiwari presented the case effectively on behalf of the applicant.
What Was Dumped and Where
News reports documented that over 2,000 dumpers filled the area with copra, murram, and black cotton soil. The dumping occurred at the full tank level and surrounding areas of Kerwa Dam in village Mahuakheda, Bhopal district, which forms part of the Kaliyasot system.
Officials stated the filling aimed to level the reservoir and its catchment area to facilitate future plotting and construction activities. These actions violated the Wetland Conservation and Management Rules 2017, the Environment Protection Act 1986, and the Water Prevention and Control of Pollution Act 1974.
How Authorities Responded
The NGT constituted a joint committee comprising representatives from the District Collector, Water Resources Department, Madhya Pradesh Pollution Control Board, Central Pollution Control Board, and State Wetland Authority.
During site inspection on July 14, 2025, the committee made a significant discovery. “The committee observed that apart from private land, the filling of Kopra is also found within demarcation of the FTL of Kerwa Dam,” the report stated.
The committee found approximately 10 feet of soil and copra dumped in the area, posing serious threats to the reservoir’s storage capacity, structural safety, and ecological status.
Why Private Ownership Cannot Override Environment Laws
Some parties argued the land was privately owned and did not fall within the FTL area. The NGT firmly rejected this defense.
“Private ownership of land does not legitimize violations of environmental regulations,” the tribunal stated. If any activity impacts the dam, reservoir, catchment area, or FTL, the state must prevent it and take corrective action.
The tribunal acknowledged that landowners violated the 33-meter buffer zone and upheld notices ordering them to remove soil and copra.
What Makes Kerwa Dam Critical
The tribunal emphasized that Kerwa Dam qualifies as a wetland-class water body requiring essential protection. The dam serves as an alternative drinking water source for Bhopal city and irrigates thousands of hectares of agricultural land.
“Encroachment, illegal filling, and vegetation degradation in the catchment area adversely impact the dam’s lifespan and water storage capacity, which is contrary to public interest,” the NGT stated.
The Water Resources Department must form a special patrolling team to monitor the FTL area at least twice monthly and ensure immediate action against illegal dumping or encroachment.
The District Collector, Forest Department, and Panchayat officials received orders to remove illegal encroachments from catchment areas and undertake tree plantation and soil conservation activities for long-term protection.
The State Wetland Authority has two months to identify and demarcate the Zone of Influence around Kerwa Dam to prevent uncontrolled development activities.
The Madhya Pradesh Pollution Control Board must continuously monitor the area and ensure prompt legal action for any violations.
The tribunal cited Supreme Court precedents affirming that the right to a clean and healthy environment is a fundamental right under Article 21. The state cannot avoid environmental protection responsibilities by citing financial or administrative difficulties.
This order establishes an important precedent against illegal plotting and soil filling activities occurring in other reservoirs and wetland areas across Madhya Pradesh.
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