The Supreme Court on Tuesday dismissed the plea of the Madhya Pradesh State Tourism Development Corporation challenging the National Green Tribunal’s (NGT) order banning plying of motor boats in Bhopal Lake and other designated wetlands.
A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan while upholding the NGT order said it was an effort to save various lakes in the state.
The bench said it failed to understand how the Madhya Pradesh State Tourism Development Corporationcan be aggrieved with a direction issued by the NGT to protect the lakes.
The matter pertains to an order passed by NGT on a petition filed by Subhash C Pandey, an environmentalist and resident of Bhopal.
He 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 the operation of motorised boats and cruise boats.
After hearing the petitioner and the MPSTDC, the NGT restrained the authorities from running Cruise Boats or any other boat operated with motors in Bhopal Lake and other designated wetlands.
The NGT Further restrained the authorities 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.
MPSTDC approached the top Court challenging the order. Advocate Abhinav Shrivastava and Advocate on Record Saurabh Mishra appearing for MPSTDC told the Supreme Court that there were six other Ramsar sites where motorised boats were permitted and are being operated even today.
To this, Justice Oka replied that the court would stop operations to afore mentioned sites also.
The petitioner contended that the NGT has not imposed an absolute ban, only motorised boats running on diesel were banned. To this Justice Oka said that considering there is no absolute ban, as an instrument of the state, the corporation should be welcoming such orders so that more and more lakes exist.
Justice Oka added that if there are more lakes in cities, it will attract more tourists and the corporation’s approach should be to ensure that more and more lakes exist.
