Here to protect wetland, not for land rights, NGT reminds BMC

Bhopal: Hearing a petition seeking removal of encroachments in the vicinity of Upper Lake towards Bhadbhada end, the Bhopal-based central bench of National Green Tribunal (NGT) said that mandate of the tribunal is to adjudicate on issues concerning environment and not on issues over title and right over land. The observation came after the counsel for Bhopal Municipal Corporation (BMC), Gunjan Chowksey, in the action taken report (ATR) filed on behalf of the BMC, said that out of 35 encroachments identified in the area, 9 have been removed and for the removal of the rest, action is pending due to resistance by the local people. In some matters, a case over right, title and interest of the parties is pending in the competent courts, she said. Bhoj Wetland is a Ramsar site of international importance and residents of Bhopal depend on it for water supply. It also serves as an environmental buffer against climate change and fulfils the city's economic needs while conserving its biodiversity, making it important to ensure that the wetland is not under threat of encroachments or harm.
The tribunal comprising judicial member Justice Sheo Kumar Singh and expert member Sudhir Kumar Chaturvedi, however, said that it's for the revenue courts to decide the issue regarding right, title and said their concern is to protect the Bhoj Wetland in this case, while asking BMC to submit another action taken report within two weeks.Dharamvir Sharma, counsel for the petitioner Aarya Shrivastava argued that NGT has already said that the parties concerned should approach the revenue courts for determination of their right, title and interest over the land they occupy. Aarya Shrivastava had filed the petition in 2021 when she was a student of National Law Institute UniversIty (NLIU),Counsel for state govt Prashant M Harne and Gunjan Chowksey for the BMC submitted that the aggrieved violators/encroachers approached MP HC in several writ petitions and it was dismissed with opportunity to submit the documents before the revenue authorities to determine the right, title and interest. NGT listed the case for hearing on April 7.