‘Blatant Violation’: 10-Ft High Kerwa Dam Dumping In Bhopal

Bhopal: Taking strong exception to waste dumping in the submergence area of Kerwa Dam, NGT directed Bhopal administration to take action against those responsible for this blatant violation of environmental rules and remove the waste. The dumping of kopra, murram, and black cotton soil in the full tank level (FTL) area of Kerwa Dam, approximately 10 feet in height to level the ground, was flagged and the central bench of the National Green Tribunal (NGT) based in Bhopal asked the Bhopal collector, Bhopal municipal corporation (BMC), and MP pollution control board (MPPCB) to identify the persons responsible for this act and take action against them, including prosecution as well as assessment of environmental compensation. The tribunal further directed that the waste dumped at the site within the FTL of Kerwa Dam must be immediately removed by the BMC, and the cost of removal be recovered from the violators. It sought an action taken report (ATR) within two weeks. The tribunal also asked the applicant in the case, environmental activist Rashid Noor Khan, to provide the names of persons who may have done it. Noor's counsel has said in court that private land in the area is owned by influential persons, many of whom wish to have a house or a farmhouse facing the reservoir but do not want water to get into their land or farmhouse. The central bench of the NGT took suo motu cognizance of media reports regarding the dumping of waste material in the submergence area of Kerwa Dam by some persons at Mahua Kheda village, intending to elevate the ground and thus stop the flow of water into the land adjacent to the dam once the water in the dam reaches full tank level. Later, it made environmental activist Rashid Noor Khan the applicant in the case, as he was the one complaining about the dumping of waste on the banks of Kerwa Dam with the district collector, MPPCB, State Wetland Authority, and other agencies. The district administration, acting on Khan's complaint, halted the dumping of waste in the area, but by then, dumping up to 10 feet in height had already taken place. The application stated that the dumping of waste was being carried out with an ulterior motive to develop plots and start unauthorised construction in the area.The tribunal, through its order on April 21, 2025, constituted a joint committee comprising representatives from the district collector's office, Central Pollution Control Board (CPCB), MPPCB, and MP State Wetland Authority. The committee was asked to visit the site and submit a factual and action taken report. The committee inspected the site on July 14, 2025, at village Mahua Kheda. During the visit, they observed that the site was located adjacent to the north side of the FTL boundary of Kerwa Dam and had been extensively filled with solid waste material up to a height of approximately 10 feet. The committee also pointed to the presence of two farmhouses nearby and noted that the land was accessed via a muddy kutcha road as vehicular movement was hampered due to monsoon conditions. The dumping of material occurred both on private land and within the demarcated FTL area of the dam, which constitutes a serious violation of environmental norms, said Khan's counsel, Harshwardhan Tiwari. During the hearing of the case on July 21, 2025, counsel for MPPCB, Parul Bhdoriya, presented the joint committee report before the tribunal. The tribunal, in its order, stated, "A perusal of the report reveals that the area in a full tank level (FTL) of Kerwa Dam was levelled by dumping of kopra, murram, and black cotton soil approximately 10 feet in height. There are other allegations against the violations of environmental rules for which the collector, Bhopal, state PCB, and the Bhopal municipal corporation are directed to trace out the persons violating the rules and take actions including prosecution as well as assessment of environmental compensation. It is further directed that the waste which was dumped at the site within the FTL of Kerwa Dam must be immediately removed by the Bhopal municipal corporation. The cost of removal will be recovered from the violators. Action taken report be filed within two weeks."The tribunal, comprising Judicial Member Sheo Kumar Singh and Expert Member A Senthil Vel, while referring to the 2017 wetland rules of the state govt, pointed out that any construction within 50 meters of the FTL is completely banned. The tribunal also referred to Supreme Court decisions and said that apart from the statutes and the rules made thereunder, Article 48-A of the Constitution provides that the state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. These two articles have to be considered in the light of Article 21 of the Constitution.