O R D E R
Prior to 2017, the figures given by ISRO regarding the number of wetlands in India having an area more than 2.25 Hectares was 2,01,503. The latest ISRO data, which is of the year 2021, shows that this figure has now increased to 2,31,195.
Now these figures have to be checked on ground. The Wetlands (Conservation and Management) Rules, 2017 (in short, "the Rules") and the guidelines issued thereunder prescribe that the next step after identification of such wetlands is what is called Ground truthing, which is the term given to the actual inspection of these wetlands by a team constituted by the State for that purpose. This step has, however, been neglected by almost all the States, except the State of Punjab to some extent. As regards demarcation of these wetlands all States have done almost nothing up till now. We have been informed at the Bar that each State presently has a Wetland Authority. In fact, reading of Rule 5 suggests that the State Wetlands Authority has already been constituted. Rule 5, by which the State Wetland Authority as well as such Authorities in the Union Territories have been
6
constituted and the powers to these Authorities have been given, reads as under :-
"Wetland Authorities - (1) The Central Government hereby constitutes the State Wetlands Authority in each State with the following members, namely ; -
XXXXX
(2) The Central Government hereby constitutes the Union Territory Wetlands Authority for each Union Territory with the following members, namely -
XXXX
(3) The State Wetlands Authority or Union Territory Wetlands Authority may co-opt other members, not exceeding three in number, if required.
(4) The State Wetlands Authority or Union Territory Wetlands Authority shall exercise the following powers and perform the following functions, namely :-
a)Prepare a list of all wetlands of the State or UT within three months from the dateof publication of these rules;
b) Prepare a list of wetlands to be notified, within six months from the date of publication of these Rules, taking into cognizance any existing list of wetlands prepared/notified under other relevant State
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Acts;
c) Recommend identified wetlands, based on their Brief Documents, for regulation under these rules;
d) Prepare a comprehensive digital inventory of all wetlands within one year from the date of publication of these rules and upload the same on a dedicated web portal, to be developed by the Central Government for the said purpose; the inventory ought to be updated every ten years;
e) Develop a comprehensive list of activities, to be regulated and permitted within the notified wetlands and their zone of influence;
f) Recommend additions, if any, to the list of prohibited activities for specific wetlands;
g) Define strategies for conservation and wise use of wetlands within their jurisdiction; wise use being a principle for managing these ecosystems which incorporates sustainable uses (such as capture fisheries at subsistence level or harvest of aquatic plants) as being compatible with
conservation, if ecosystem functions (such as water storage, ground water recharge, flood buffering) and values (such as recreation and cultural) are maintained or enhanced ;
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h) Review Integrated Management Plan for each of the notified wetlands (including trans-boundary wetlands in coordination with Central Government), and within these plans to consider continuation and support to traditional uses of wetlands that are harmonized with ecological character;
I) Recommend mechanisms for maintenance of ecological character through promotional activities for land within the boundary of notified wetlands or wetlands complex have private tenancy rights,;
j) Identify mechanisms for convergence of implementation of the management plan with the existing State/UT level development plans and programmes;
k) Ensure enforcement of these rules and other relevant Acts, rules and regulations and on a half-yearly basis (June and December of each calendar year) inform the concerned State Government or UT Administration or Central Government on the status of such notified wetlands through a reporting mechanism;
l) Coordinate implementation of Integrated Management Plans based on wiseuse principle through various line departments and other concerned agencies;
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m) Function as a nodal authority for all wetland - specific authorities within the State or UT Administration;
n) Issue necessary directions for the conservation and sustainable management of wetlands to the respective implementing agencies.
o) Undertake measures for enhancing awareness within stakeholders and local communities on values and functions of wetlands; and
p) Advise on any other matter suo-motu, or as referred by the State Government/UT Administration.
(5) The concerned Department of the State Government or Union Territory shall provide all necessary support and act as nodal Department and Secretariat to the Authority.
(6) The Authority shall, within ninety days of publication of these rules, shall constitute -
(a) a technical committee to review brief documents, management plans and advise on any technical matter referred by the Wetland Authority and
(b) a grievance committee consisting of four members to provide a mechanism for hearing
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and forwarding the grievances raised by public to the Authority;
(7) The Committees referred to in sub-rule (6) shall meet at least once in every quarter to perform their functions.
(8) The Authority shall meet at least thrice in a year.
(9) The term of non-official members of the Authority nominated by State Government or Union Territory Administration, shall be for a period not exceeding three years." It is clear now that the ground truthing and the demarcation of wetland boundary is the next step, which is to be undertaken by each of the State/UT Wetland Authorities in coordination with concerned nodal Department as provided under the Rules. It is a Statutory function which has been assigned to them under the Rules. We, therefore, direct each of the State/UT Wetland Authorities to complete ground truthing as well as the demarcation of wetland boundaries of each of the Wetland which have been identified for their State by Space Application Center Atlas (SAC Atlas), 2021.
For easy accessibility of this, each of the State/UT Wetland Authorities shall complete this work as expeditiously as possible, but definitely within a period of three months from today. Ms. Aishwarya Bhati, learned Additional Solicitor General, has assured this Court that they shall be doing the monitoring with each of the State and shall file a detailed affidavit before the
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next date of listing. Vide our order dated 03.04.2017 (in Writ Petition (C) No. 230 of 2001), this Court has passed certain directions regarding protection of Ramsar Convention Sites (of wetlands) to be monitored by each of the High Court concerned and 15 High Courts were given such a direction. The relevant portion of order dated 03.04.2017 is reproduced as under :-
"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 this. Under the circumstances, we direct the Registry of this Court to make photocopies of the affidavit filed by the Union of India by Dr. A. Duraisamy, Scientist 'F' and Member Secretary, Central Wetland Regulatory Authority and send it to the following High Courts:High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh, Gauhati High Court, Gujarat High Court, Himachal Pradesh High Court, J&K High Court, Kerala High Court, Madhya Pradesh High
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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 at 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 12th July, 2017"
Now, the latest figure shows that these Ramsar sites have increased from 26 to 85, including 59 additional sites (cited below) falling under 5 other additional High Courts i.e. Patna, Bombay, Karnataka, Gauhati (Aizawl Bench as well) and Uttarakhand. The list of updated RAMSAR sites has been given to this Court, which is reproduced as under:-
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"List of 85 Ramsar Sites State/UT Wetland Date of
Designati
on
Area
(hectares)
1.
Andhra Pradesh (1)
1. Kolleru Lake 19-08-
2002
90100
2. Assam (1) 2. Deepor Beel 19-08-
2002
4000
3. Bihar (3)
3. Kabartal Wetland 21-07-
2020
2620
4. Nagi Bird Sanctuary 11-10-
2023
206
5. Nakti Bird Sanctuary 11-10-
2023
333
4. Gujarat (4)
6. Nalsarovar 24-09-
2012
12000
7. Wadhvana Wetland 05-04-
2021
630
8.
Thol Lake Wildlife Sanctuary
05-04-
2021
699
9. Khijadia Wildlife Sanctuary 13-04-
2021
512
8. Goa (1) 10. Nanda Lake 08-06-
2022
42
9. Haryana (2)
11. Sultanpur National Park 25-05-
2021
143
12.
Bhindawas Wildlife Sanctuary
25-05-
2021
412
11.
Himachal Pradesh (3)
13. Pong Dam Lake 19-08-
2002
15662
14. Chandertal Wetland 08-11-
2005
49
15. Renuka Wetland 08-11-
2005
20
14. Jammu and Kashmir (5)
16. Wular Lake 23-03-
1990
18900
17. Surinsar-Mansar Lakes 08-11-
2005
350
18. Hokera Wetland 08-11-
2005
1375
19. Hygam Wetland 08-06- 802
14
Conservation Reserve 2022
20.
Shallbugh Wetland Conservation Reserve 08-06-
2022
1675
19.
Karnataka
(4)
21.
Ranganathittu Bird Sanctuary
15-02-
2022
518
22.
Ankasamudra Bird Conservation Reserve 10-03-
2023
98.76
23. Aghanashini Estuary 14-02-
2023
4801
24.
Magadi Kere Conservation Reserve
14-02-
2023
54.38
20. Kerala (3)
25. Asthamudi Wetland 19-08-
2002
6140
26. Sasthamkotta Lake 19-08-
2002
373
27. VembanadKol Wetland 19-08-
2002
151250
23. Ladakh (2)
28. Tso Kar Wetland Complex 17-11-
2020
9577
29. Tsomoriri Lake 19-08-
2002
12000
25.
Madhya Pradesh (5)
30. Bhoj Wetlands 19-08-
2002
3201
31. Sirpur Wetland 07-01-
2022
161
32. Sakhya Sagar 07-01-
2022
248
33. Yashwant Sagar 07-01-
2022
823
34. Tawa Reservoir 08-01-
2024
20050
29.
Maharashtr a (3)
35. Nandur Madhameshwar 21-06-
2019
1437
36. Lonar Lake 22-07-
2020
427
37. Thane Creek 13-04-
2022
6521
32. Manipur (1) 38. Loktak Lake 23-03-
1990
26600
33.
Mizoram
(1)
39. Pala Wetland 31-08-
2021
1850
34. Odisha (6)
40. Chilka Lake 01-10-
1981
116500
41. Bhitarkanika Mangroves 19-08-
2002
65000
42. Satkosia Gorge 12-10-
2021
98197
15
43. Tampara Lake 12-10-
2021
300
44. Hirakud Reservoir 12-10-
2021
65400
45. Ansupa Lake 12-10-
2021
231
40. Punjab (6)
46. Harike Lake 23-03-
1990
4100
47. Kanjli Lake 22-01-
2002
183
48. Ropar Lake 22-01-
2002
1365
49. Beas Conservation Reserve 26-09-
2019
6429
50.
Keshopur - Miani Community Reserve 26-09-
2019
344
51. Nangal Wildlife Sanctuary 26-09-
2019
116
46.
Rajasthan
(2)
52.
Keoladeo Ghana National Park
1-10-1981 2873
53. Sambhar Lake 23-03-
1990
24000
48. Tamil Nadu
(18)
54.
Point Calimere Wildlife and Bird Sanctuary
19-08-
2002
38500
55.
Koonthankulam Bird Sanctuary
08-11-
2021
72
56. Chitrangudi Bird Sanctuary 08-11-
2021
260
57. Karikili Bird Sanctuary 08-04-
2022
58
58. Pichavaram Mangrove 08/04/202
2
1479
59.
Pallikaranai Marsh Reserve Forest
08-04-
2022
1248
60.
Gulf of Mannar Marine Biosphere Reserve 08-04-
2022
52672
61.
Vembannur Wetland Complex
08-04-
2022
20
62. Vellode Bird Sanctuary 08-04-
2022
77
63.
Udhayamarthandapuram Bird Sanctuary 08-04-
2022
44
64.
Vedanthangal Bird Sanctuary
08-04-
2022
40
65.
Suchindram Theroor Wetland Complex 08-04-
2022
94
66. Vaduvur Bird Sanctuary 08-04- 113
16
2022
67.
Kanjirankulam Bird Sanctuary
08-04-
2022
97
68. Karaivetti Bird Sanctuary 24-05-
2023
453.72
69.
Longwood Shola Reserve Forest
24-05-
2023
116.007
70. Nanjarayan Bird Sanctuary 16-01-
2024
125.865
71. Kazhuveli Bird Sanctuary 16-01-
2024
5151.6
62. Tripura (1) 72. Rudrasagar Lake 08-11-
2005
240
63.
Uttar Pradesh
(10)
73. Upper Ganga River 08-11-
2005
26590
74. Nawabganj Bird Sanctuary 19-09-
2019
225
75. Parvati Arga Bird Sanctuary 02-12-
2019
722
76. Saman Bird Sanctuary 02-12-
2019
526
77. Samaspur Bird Sanctuary 03-10-
2019
799
78. Sandi Bird Sanctuary 26-09-
2019
309
79. Sarsai NawarJheel 19-09-
2019
161
80. Sur Sarovar 21-08-
2020
431
81. Haiderpur Wetland 13-04-
2021
6908
82. Bakhira Wildlife Sanctuary 29-06-
2021
2894
73.
Uttarakhan d (1)
83. Asan Conservation Reserve 21-07-
2020
444
74.
West Bengal (2)
84. East Calcutta Wetlands 19-08-
2002
12500
85. Sunderbans Wetland 30-01-
2019
423000
23 States & UTs
85 Ramsar Sites
13,58,068.
335
The Registrar General of this Court is directed to send the complete list to all the High Courts, including the 5 High Courts which are mentioned above,
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and the High Courts are requested to treat the affidavit as a Suo Moto Public Interest Litigation where an Amicus be appointed, if necessary, to assist the Court and ensure that the RAMSAR Sites within their jurisdiction are properly maintained. We say this only as a continuation of our order dated 03.04.2017. List the matter again on 25.03.2025.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)
ASST. REGISTRAR-CUM-PS COURT MASTER