[Cites 1, Cited by 0]
Madhya Pradesh High Court
Aditya Raj Pandey vs Principal Chief Conservator Of Forest on 24 March, 2026
Author: Anand Pathak
Bench: Anand Pathak
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 7100 of 2024
(ADITYA RAJ PANDEY Vs PRINCIPAL CHIEF CONSERVATOR OF FOREST AND OTHERS )
Dated : 24-03-2026
Shri Nikhil Bhatele - Advocate for the petitioner.
Shri Vivek Khedkar - Additional Advocate General/Senior Advocate,
Shri Ankur Mody - Additional Advocate General and Shri S.S.Kushwah -
Govt. Advocate for respondents No.1, 2, 3, 5 & 6/State.
Shri J.D. Suryavanshi - Senior Advocate with Shri Kunal Suryavanshi
- Advocate for respondent No.4.
Shri Harish Dixit - Senior Advocate with Ms.Kritika Chaubey
- Advocate as Amicus Curiae.
Shri Ishank Dhakad, CMO, Shivpuri, Shri R.L.S.Mourya, Chief
Engineer, P.H.E.D., Gwalior, Shri J.P. Para, Superintending Engineer, Urban
Administration and Development Department, Chambal Division,
Shri Brandavan Yadav, Range Officer, Madhav Tiger Reserve and
Shri Shubham Agarwal, Executive Engineer, P.H.E.D., Shivpuri Division are
present in person.
2. The instant petition preferred under Article 226 of the Constitution
of India is in the nature of pro bono publico in respect of preservation of
Ramsar Convention Sites.
3 . This Court issued certain directions from time to time. One such
direction was in respect of sanction of Rs.9.28 crores for construction of
Sewage Treatment Plant (STP) and for intersection of trunk line etc.
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4. Today, counsel for the parties on the basis of information received
from different officers present in the Court Room inform this Court that out
of Rs.9.28 crores, Rs.3 crores have been sanctioned by the State Government
and work has started regarding cleaning up of main trunk lines and to make
sewage treatment plant (STP) operational.
5. Shri Harish Dixit, learned senior advocate, who is appointed
a s amicus curiae, informs this Court that he along with Government
Advocate Shri S.S.Kushwah visited the site of STP and found that work has
started to get STP operational. Work regarding cleaning up of main trunk
lines is also underway and it will take around 2-3 months to complete. Shri
Dixit further informs this Court that now sewage is flowing in main trunk
lines and reached upto STP, therefore, dumping of sewage in Chandpatha
and Sankha Sagar lake is drastically reduced. Weed Research Institute,
Jabalpur and Pollution Control Board may assess the level of
toxicity/pollution in both the lakes and thereafter can suggest measures. It is
also informed that in Sankhya Sagar lake around 80% Hyacinth is removed.
6 . Shri Suryawanshi on the basis of instructions received further
informs this Court that proposal for laying down house hold sewage lines (of
Rs.16.86 crores) has been sent. No sooner the proposal is accepted, tender
shall be floated and work shall start.
7 . Shri Maurya, Chief Engineer of PHED further informs this Court
that so far as cleaning up of main trunk line and sewage line are concerned, it
is in process and within two months (or at best 3 months) work shall come to
an end. If all main lines/subsidiary lines are connected, then filth will directly
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go to the STP.
8. Shri Vivek Khedkar and Shri Ankur Mody, both Additional
Advocate Generals appearing for the cause of the State, fairly submit that
disbursement of fund shall not be an obstacle to carry out the work. All
proposals shall be taken care of with promptitude.
9. After considering the submissions advanced by the counsel for the
parties, it appears that work is in progress. However, following steps are
required to be taken by the respondents:-
(i) State Government shall have to make an endeavour to
promptly approve the proposal sent by the Municipal Council,
Shivpuri/PHE/Forest Department for removal of Hyacinth and for
laying down sewage lines in Shivpuri, so that funds may not come
as an obstruction in the way of said project
(ii) District Administration shall ensure that Scientist from
Weed Research Institute as well as M.P. Pollution Control Board
visit both the lakes and measure toxicity/pollution of both the
lakes and thereafter suggest remedial measures. Needful be done
within two weeks from today.
(iii) PHE shall ensure that cleaning up of main trunk lines is
completed by 31st May, 2026 or at best 10th June, 2026 so that
STP may become functional at the earliest.
(iv) It would be the duty of the Deputy Director, Madhav
Tiger Reserve, to ensure that weed/Hyacinth from both the lakes is
removed from Dredgers as well as manually with promptitude and
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submit a report by appearing in person on the next date of
hearing.
(v) Municipal Council, Shivpuri, shall ensure that after
acceptance of proposal, tender be floated in transparent manner
without any confusion so that process be completed and successful
bidder start functioning without delay.
(vi) Both the Additional Advocates Generals are expected to
be vigilant and would keep a tab by themselves or through
Government Advocate Shri S.S.Kushwah on the progress made so
far and they shall assist amicus curiae if any visit or inspection is
required.
10.Fresh compliance report be submitted on or before the next date of
hearing.
11. List on 6th April, 2026.
12.Deputy Director, Madhav Tiger Reserve, and other officers, who
are present today, shall remain present on the next date of hearing for
assistance of this Court.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
ms/-
