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National Green Tribunal, Central Zone Bench directed systemic removal of encroachments on central verges of roads in Bhopal using wire fencing, afforestation and geo-tagging and has further prohibited concretization in the green belt area. 

The tribunal further directed Bhopal's Collector and the Divisional Forest Officer to undertake a joint survey and demarcate entire recorded forest land within the district preferably through GIS(Geographic Information System)/GPS and satellite imagery, submit the consolidated report and wherever illegal encroachment is found and there is no lawful impediment, the authorities have been directed to remove the same as per law within three months. 

A bench of judicial member Justice Sheo Kumar Singh and expert member Sudhir Kumar Chaturvedi issued a slew of directions after noting that Percentage of district area under forest cover is less than 12% in Bhopal as per Indian State Forest Report (ISFR) 2023 and as compared to 2021 to 2023, there is a decline of approximately 0.54 sq.km. in Bhopal District only. The tribunal also remarked this was national data from ISFR which shows that the enhanced area of forest was "wrongly calculated" by the Forest Department.

It thus directed:

  • Encroachments on the site and central verges of the roads in Bhopal should be removed in a systematic way and year-wise followed by wire fencing, afforestation and geo-tagging in a phased manner. This exercise should be carried out in the other areas in coordination and cooperation with Ward Level Green Committee to be constituted by the Collector and the Bhopal Municipal Corporation.
  • A high resolution satellite imagery such as – bird's eye view or pic bird or high resolution drone survey should have been used followed by ground truthing for calculating the green belt and its encroachment.
  • The Respondents are directed to ensure that long lasting multi-purpose native species are to be selected for carrying out plantation to restore the area such as - Vad, Pipal, Khati Amli, Jamun, Desi Mango, Neem, Sesam, Kadam, Saj and Arjun to be given priority while carrying out plantation, considering their ecological importance for side verge and block plantation. For central verge of ornamental species of local origin of lower and middle canopy should be preferred for plantation for beautification and enhancement of greenery.
  • Similarly, for gaps in the forest area in the city, the Forest Department shall take up the plantation using saplings of local native forestry species as per working plan of the area from their own funds.
  • The order of Supreme Court with regard to removal of encroachments, must be strictly complied with within a time frame as directed by the Supreme Court and the Commissioner and Collector, Bhopal, shall monitor it through the committee and submit the compliance report to the Registrar of this Bench within three months. In case violations are found, the Registrar may place the matter for necessary orders.
  • No concretization allowed in green belt area which should be maintained as green belt only to act as lungs for the local residents.
  • The Principal Secretary, Forest Department, and PCCF & HoFF, are directed to monitor the efforts made by the Forest Department for removal of encroachments on quarterly basis. Details of the forest review be submitted to Registrar of this Bench for consideration.
  • Principal Chief Conservator of Forests, Madhya Pradesh, Bhopal, is directed to call and collect the report from the District Headquarter and to submit the report within three months with regard to the encroachments and total area of the forest in a following proforma – “Sl. No./Name of the District/Total Forest Cover/Details of Encroachment/Protected Forest/Reserve Forest/ Deemed Forest/Sanctuaries and Protected Areas/ Any other Forest/Total Encroachments Upto June, 2026/ Action Taken For Removal of Encroachment Year-wise/ Actual Area Removed From Encroachment/ and Percentage Loss of Forest As On Date”.
  • The Collector, Bhopal, and the Divisional Forest Officer, Bhopal, are directed to undertake a joint survey and demarcation of entire recorded forest land within the district preferably through GIS/GPS and satellite imagery and submit the consolidate report and time bound action proceeding and where encroachment is found to be illegal and there is no lawful impediment, the concerned authorities shall take action for removal in accordance with law within three months.
  • The area should not only be removed from encroachers but it should be demarcated and protected by permanent boundary pillars, fencing wherever appropriate, entered correctly in the revenue records. Area freed from the encroachments should not be left open to invite future encroachment and, therefore, entire area is to be restored ecologically by taking up plantation by the Divisional Forest Officer. The Forest Department to carry out plantation in entire area to be converted into green cover within 12 months. The PCCF is directed to monitor the progress for the same.
  • The Committee duly constituted by the Collector will periodically monitor the encroachments and prepare a list on quarterly basis with regard to the name of the area, khasra khatoni number, if any, total area under encroachments, action taken for removal of encroachment alongwith date and remark column. This data should be collected and placed before the Collector for taking necessary actions. After submission of the data and compiling it, the District Magistrate/Collector concerned shall send a copy of this to the Registrar of the NGT Bench for taking further action.

The tribunal was hearing a plea seeking a direction to the Bhopal Municipal Corporation, Collector, Divisional Forest Officer and others to remove all types of encroachments (permanent or temporary) carried out on Central verges, side verges of all roads and parks in Bhopal and to carry out a time bound afforestation of local (indigenous) shrubs and trees on the areas designated for it to maintain minimum forestry and ecology of the city.

The tribunal further directed the respondent authorities to comply with the Madhya Pradesh Vrakshon Ka Parirakshan Nagriya Kshetra Adhiniyam (Tree Preservation (Urban Areas) Act) 2001 and if the number of trees for any development projects are required to be felled are more than the prescribed in the notification issued by the State Government then the matter may be referred to the High Level Centrally Empowered Committee constituted by the State. 

It has also directed that Rules with regard to the compensatory plantation, compulsory afforestation, maintenance, green policy, plantation, transplantation, beautification and maintenance policy, 2015, must be complied with ensuring the survival of the trees according to the existing rules of the Forest Department and the Department shall monitor it.

Further, compensatory plantation within the municipal area will be monitored for 15 years by the committee comprising of the members of the Forest Department, Municipal Corporation, Horticulture Department and State PCB for ensuring better survival and establishment of the plantation. 

The tribunal has also called for GIS mapping of the Bhopal Municipal Corporation area including central and side verges of roads inside the city as well as a tree census of the area.  Bhopal Municipal Corporation is directed to prepare a futuristic planned afforestation strategy for conservation of trees and greenery in the area with identification of indigenous and endangered tree species to be planted with a minimum height of two meters.

With respect to wastewater, the Tribunal directed the Corporation to identify Sewage Treatment Plants in close proximity to plantation areas so that treated water could be effectively utilised to support plant growth. It also directed ward-wise mapping of the entire BMC area.

Further ward-wise public participation is of utmost importance to make the entire project successful for conservation and protection of local forestry and greenery and the BMC may organise the annual function for distributing the prize to those persons who maintain the greenery. This may promote the interest of the citizens and the units residing around the green belt.

The Corporation is directed to reconsider suitably amending the following relevant rules on certain aspects:

(a) All vacant land parcels over 200 sq. meters owned by BMC, Smart City Bhopal, or BDA must allocate at least 25% of their footprint to Miyawaki plots.

(b) The Bhopal Metro Rail Corporation Limited (BMRCL) is mandated to engineer vertical modular green facades across all concrete pillars along elevated lines.

(c) All active metro rail stations, depots, and public BRTS bus terminals must construct a 5-meter deep perimeter green buffer to capture vehicular emissions and reduce localized heat build-up.

(d) All new commercial, educational, and multi-family residential structures (Plot Area > 500 sq. meters) must cover at least 40% of unshaded roof space with living green roofs.

(e) Residential plots below 500 sq. meters must coat all exposed roof spaces with high-albedo, solar-reflective cooling paints exhibiting an initial Solar Reflectance Index (SRI). 

The plea was disposed of. 

Case title: Dr. Subhash C. Pandey v/s Bhopal Municipal Corporation & Others

Original Application No.17/2023(CZ)

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