The National Green Tribunal, on 11th July, imposed a fine of Rs. 1 crore on the Bhopal Municipal Corporation. The ruling came in response to the original application filed by environmentalist and activist Mr Rashid Noor Khan under Sections 14, 16 and 18 of the National Green Tribunal Act, 2010 (NGT Act, 2010). Mr Khan alleged that the BMC started permanent construction for a floating restaurant over land which is a part of Bhoj Wetland. The construction is causing damage to the wetland’s ecosystem and biodiversity.
Applying the principle of “polluter pays” (Rio Declaration, 1992), the tribunal ordered,
the ecological and environmental damages made by the BMC have to be restored at the cost of the violator i.e., the BMC.
About the case
According to the Action Taken Report, submitted by the State Pollution Control Board’s Joint Committee Members, to NGT. The report stated that there were approximately 22 column footings at the site. The area over which construction was being done falls within 50 meters of the full tank level (FTL). Here, permanent construction is strictly prohibited, as per Wetlands (Conservation and Management) Rules, 2017 and guidelines issued by the Ministry of Environment Forest and Climate Change in 2020.
The NGT observed,
“in raising permanent construction in the form of RCC columns, ecology of the area has been seriously disturbed and damaged.”
The proceeds from the fine would go to the Madhya Pradesh Pollution Control Board (MPPCB). The BMC has been directed to pay an,
interim compensation of Rs. One Crore should be directed to be paid (within three months)… if any further amount is required, the same later on can be demanded and realised by MPPCB from BMC.
The amount of environmental compensation will be utilized for the restoration of the site. The tribunal ordered that the planning for the restoration would be done by a Joint Committee of CPCB, MPPCB, Integrated Regional Office, MoEF&CC and Collector, Bhopal within two months.
About Bhoj Wetland
The Bhoj Wetland, popularly known as Bhopal Lake, at Bhopal (State of Madhya Pradesh) is a national heritage of international importance. In addition, it is also a Ramsar site. It comprises two contiguous man-made reservoirs, called “Upper Lake” and the “Lower Lake”. The Upper Lake was created by Raja Bhoj in the 11th century through the construction of an earthen dam across the Kolans River. The Lower Lake was constructed nearly 200 years ago, largely from the overflow of water from Upper Lake. Both lakes are urban waterbodies.
The Bhoj Wetland was designated as a Ramsar site in November 2002. The Upper Lake is surrounded by “Van Vihar National Park” on the south and is very rich in biodiversity.
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