1. This Public Interest Litigation (PIL) is taken up in terms of the order dated 03.04.2017 delivered in Writ Petition (Civil) 230 of 2001 [M.K Balakrishnan v. Union of India]. By the said order dated 03.04.2017, the Hon'ble Supreme Court has observed inter alia as under:
“Learned counsel for the Union of India says that he will ascertain whether the accounts of the amounts that have been disbursed to the State Governments have been audited and filed an affidavit in this regard.
We have put it to learned counsel for the petitioner that insofar as the Ramsar Convention sites are concerned, since they are matters of international heritage, it might be more appropriate if the concerned High Courts monitor the management of these sites at least till there is some visible improvement. Learned counsel for the petitioner says that he has no objection to his.
Under the circumstances, we direct the Registry of this Court to make photocopies of the affidavit filed by the Union of India by Dr. Duraisamy, Scientist “F” & Member Secretary, Central Wetland Regulatory Authority and send it to the following High Courts:
High Court of Judicature at Hyderabad for the States of Telengana and Andhra Pradesh, Gauhati High Court, Gujarat High Court, Himachal Pradesh High Court, J & K High Court, Kerala High Court, Madhya Pradesh High Court, Manipur High Court, Orissa High Court, Punjab and Haryana High Court, Rajasthan High Court, Madras High Court, Tripura High Court, Allahabad High Court and High Court of Calcutta.
The affidavit be sent to the Registrar General of all the aforementioned High Courts within two weeks from today. A copy of all the orders passed by this Court from 10th September, 2014 till today shall also be sent to the concerned High Courts along with the affidavit.
We request Hon'ble the Chief Justice of the concerned High Court to treat the affidavit as a suo motu public interest petition and, if necessary, appoint an amicus to assist the court so as to ensure that the Ramsar Convention sites within their jurisdiction are properly maintained.
The affidavit by the Union of India should be filed within six weeks. List the matter on 12 July, 2017.”
2. Having regard to the request made to the Chief Justice of this High Court, a note was placed by the Registrar (Vigilance), based on which the matter has been listed before this Bench for passing the appropriate order.
3. Rudrasagar situated under the Sepahijala District is the only Ramsar Convention site in the State of Tripura. In order to ensure the proper conservation of the said wet land by way of monitoring the activities like catchment area treatment including soil moisture conservation and plantation, river bank plantation, gully plugging, creation of check dams, fisheries and livelihood development etc.
4. In the order dated 09.02.2017 in Writ Petition (Civil) 230 of 2001, as it is gathered from the records sent by the Supreme Court that the Central Wetland Regulatory Authority was directed to take up measures for rectification of deficiencies with the State Government with promptitude and to ensure that all these deficiencies as recorded therein are removed and the complete proposal/brief documents are furnished to the apex court. Thereafter the said order dated 03.04.2017 has been passed.
5. Issue notice to (1) The Union of India, represented by the Secretary to the Ministry of Environment Forest and Climate Change, New Delhi, (2) The Central Wetland Regulatory Authority, represented by its Member Secretary, Ministry of Environment, Forest and Climate Change, New Delhi, (3) Dr. A. Duraisamy, Scientist “F” and Member Secretary, Central Wetland Regulatory Authority, Ministry of Environment and Climate Change, (4) The State of Tripura, represented by the Secretary to the Department of Forest and Environment, Civil Secretariat, New Capital Complex, Agartala, (5) The Secretary to the Department of Agriculture and the Department of Horticulture and Soil Conservation, Government of Tripura, Civil Secretariat, New Capital Complex, Agartala, (6) The District Magistrate & Collector, Sepahijala District, Sepahijala at this stage.
6. The Registry shall prepare a cause title and supply a copy of this order and the order of the Hon'ble Supreme Court dated 03.04.2017 delivered in Writ Petition (Civil) 230/01 along with a copy of the affidavit filed by the Ministry of Environment Forest and Climate Change [MOEFNCC] in the said writ petition.
7. The respondents are directed to file their response about the status of the said wetland covered by the Ramsar Convention, 1971, so far its conservation and Management are concerned and they shall place briefly the programme that has been undertaken for its conservation and regulated use.
8. We appoint Sri I. Chakraborty, learned counsel to assist this court as Amicus Curiae.
9. Registry shall also hand over the same set of papers to Mr. Chakraborty, learned Amicus Curiae.
10. Notice is made returnable on 08.08.2017.