“Our Job Is to Protect the Environment, Not Distribute Land Titles”: NGT Pulls Up BMC in Bhadbhada Encroachment Case

Bhopal: The National Green Tribunal (NGT) has taken a firm stand to protect the city’s pride, the Bhoj Wetland, emphasizing that its primary mandate is environmental protection—not resolving land ownership disputes.

NGT Hearing on Bhadbhada Encroachments

During a hearing on encroachments near the Bhadbhada area along the Upper Lake, the NGT’s Bhopal bench clarified that the Tribunal’s responsibility is to address environmental concerns, not decide on property rights or ownership claims. The remarks came after Bhopal Municipal Corporation (BMC) lawyer Gunjan Choksi submitted an Action Taken Report (ATR) regarding the removal of encroachments.

Encroachment Removal Hampered by Local Opposition

The ATR stated that out of 35 encroachments, 9 had been removed. However, actions on the remaining sites were stalled due to opposition from local residents. In several cases, disputes over land ownership are pending before competent courts.

The Bhoj Wetland is a Ramsar site of international importance, vital for Bhopal’s water supply. It acts as a buffer against climate change, supporting biodiversity while meeting the city’s economic and environmental needs. NGT stressed that the wetland must not be threatened by encroachments or environmental degradation.

Directive to BMC

Judicial member Justice Shiv Kumar Singh and expert member Sudhir Kumar Chaturvedi directed the BMC to submit a fresh Action Taken Report within two weeks. The bench reiterated that decisions regarding land ownership and property rights fall under the jurisdiction of revenue courts; the Tribunal’s concern is solely the protection of the Bhoj Wetland.

Background

The case was filed in 2021 by Arya Srivastava, then a student at National Law Institute University (NLIU). Arya’s lawyer, Dharmveer Sharma, noted that NGT had previously clarified that parties must approach revenue courts to resolve ownership issues.

Next Hearing

State government lawyer Prashant M Harne and BMC lawyer Gunjan Choksi informed the Tribunal that encroachers had approached the Madhya Pradesh High Court with writ petitions, all of which were dismissed. They were advised to present documentation to revenue authorities to assert their property rights. The NGT has scheduled the next hearing for 7 April 2026.