The Supreme Court on Monday expressed surprise at Madhya Pradesh State Tourism Development Corporation challenging an order of the National Green Tribunal (NGT) which was aimed at saving lakes in the State.
A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan dismissed the plea and observed that by the impugned order, an effort is made by the National Green Tribunal to save various lakes in the state. The court added that they fail to understand how the Tourism Development Corporation of the State can be aggrieved with a direction issued by the NGT to protect the lakes.
The aforesaid order was passed in an original application filed before NGT, Bhopal Subhash C Pandey, an environmentalist and resident of Bhopal. He had raised the grievance of serious damage and deterioration being caused to Bhopal Lake, commonly known as Bhoj Wetland comprising Upper Lake and Lower Lake and other water bodies due to operation of motorized boats and cruise boats.
Following a detailed discussion, the NGT allowed the application and restrained the authorities from running Cruise Boats or any other boat operated with motors in Bhopal Lake and other designated wetlands. Furthermore, the authorities were also restrained from raising any permanent construction within the Zone of Influence of water bodies or wetlands and if any permanent construction had been raised, the same was to be demolished.
Madhya Pradesh State Tourism Development Corporation approached the top Court challenging the order. Advocate Abhinav Shrivastava and AoR Mishra Saurabh appearing for Madhya Pradesh Tourism Development Corporation notes that there were 6 other Ramsar sites where motorized boats are permitted and are being operated even today. To this, Justice Oka replied that the court will stop operation to aforementioned sites too.
Responding to another contention raised by the petitioner to the effect that the NGT did not say there was an absolute ban, Justice Oka said that considering there is no absolute ban, what is wrong as an instrument of the State, the corporation should be welcoming such orders that more and more lakes will exist. He added that in the cities if there are more lakes, it will attract more tourists.
It was further remarked that the corporation’s approach should be to ensure that more and more lakes exist. Subsequently, the plea was dismissed.