(Feature Image: A file picture of garbage dumping extending to an additional patch of land at the Pallikaranai marshland. Source: ToI)
The fourth part of the wetlands overview 2023 covers the top ten judicial interventions for the protection of wetlands including Ramsar sites in India. The report shows that the judiciary is increasingly petitioned with legal disputes as the governmental bodies dealing with urban authorities and particularly the regulators have been failing to check unabated pollution and encroachments of the wetlands in their jurisdiction. The legal cases pertaining to encroachments and degradation of Ramsar sites and other wetlands in Himachal Pradesh, J&K, Ladakh, Bhoj lake in Bhopal, Tampara lake in Odisha and Sundarbans in West Bengal clearly indicate the fate of lesser known but equally important water bodies in the country. Overall, the judiciary seems to be finding it tough to stir executioners and unwilling governments and is not equally effective everywhere. However, it has made some landmark orders.
Please also see part 1, part 2 and part 3 of the yearend overviews tracking the status of Ramsar sites and other wetlands and relevant government decisions on the issue during past one year.
1. Maharashtra Don’t mess around with nature: SC The Supreme Court on Jan 25 2024 took exception to the encroachment of Nagpur’s heritage wetland in Futala lake by civic authorities, ostensibly to promote tourism and commercial activities, and stopped all construction activities around the lake while warning Mah govt not to “mess around with nature”. A bench of Chief Justice D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra ordered status quo at the wetland and directed no further construction activities at the site after senior advocate Gopal Shankaranarayanan, appearing for NGO Swacch Association of Nagpur, said that though the 225-year-old heritage lake is categorized as wetland in the Wetlands Atlas of India, the Bombay HC permitted the construction activities after the state took the stand that it was a man-made lake and not a wetland.
Shankaranarayanan said what was even more disturbing is that the state’s stand conflicted with an earlier recording of the lake as wetland by the SC. He said the two lakh wetland identified by govts on SC order included Futala Lake, also known as Telangkhedi Tank. “It is a wetland as well as Grade I Heritage Precinct. The said tank was constructed in the year 1799 by one Shri Gyanoji Bhosale. The total area of the tank along with its catchment is about 200 ha. Maintaining the wetlands is of prime importance to the protection of environment and ecology,” the counsel said. https://timesofindia.indiatimes.com/india/dont-mess-around-with-nature-supreme-court/articleshow/107161254.cms (26 Jan. 2024)
Ensure no damage to Futala lake: HC Nagpur bench of Bombay high court on Nov 30 2023 directed the Mahametro and Nagpur Municipal Corp (NMC) to ensure that the construction activities undertaken by them do not result in causing any damage to Futala lake. While disposing of the PIL (No 4/2023) by Swachh Association through president Anusuya Chhabrani, a division bench of justices Atul Chandurkar & Vrushali Joshi held that the historic lake constructed by the Bhonsales in 1799, is not wetland, but a man-made water body.
“The Mahametro and NMC should ensure that the water body where the floating banquet hall, floating restaurant as well as the artificial banyan tree are proposed, is kept clean and is properly maintained by taking all necessary precautions / steps. Though the present proceedings are being disposed of with a hope that the respondents would abide by our expectations, it is made clear that it would be open for any public-spirited citizen to bring to the court’s notice any acts that could result in causing damage to the water body in future,” the bench added. https://timesofindia.indiatimes.com/city/nagpur/no-damage-to-futala-lake-bombay-hc-instructs-mahametro-nmc-nagpur/articleshow/105641647.cms (01 Dec. 2023)
Futala Lake not in wetland category: Govt tells HC The state govt has informed the Nagpur bench of Bombay high court that the Futala Lake doesn’t fall in the category of wetlands, but it is a man-made pond built during the Bhonsle period for supplying water to Telangkhedi garden. The submission came in an affidavit filed in the PIL by Swacchh Foundation, which had said that the musical fountain built on the lake is illegal. Advocate Anand Parchure of the state govt’s environment ministry and wetland authority, rejected all the allegations.
The govt also clarified its stand on the construction of viewer’s gallery and parking lot on one side of the road. The NGO had said that the construction work was harming the ecology. The state said the work has been done after seeking NOC from the concerned depts. Earlier, the petitioner had moved the court claiming inclusion of Futala pond in the list of National Wetland Inventory & Assessment. https://timesofindia.indiatimes.com/city/nagpur/futala-lake-not-in-wetland-category-state-govt-tells-hc/articleshowprint/101006159.cms (15 June 2023)
2. Telangana HC panel on Durgam Cheruvu seeks report in 6 weeks The Telangana high court on Dec. 22 constituted an experts committee headed by Atul Narayan Vaidya, director of NEERI, to study the reasons behind the deterioration of Durgam Cheruvu and also to suggest effective ways to restore the lake to its pristine glory. A bench of Chief Justice Alok Aradhe and Justice J Anil Kumar, which took up a TOI news report (dated Dec 12, 2023) highlighting the plight of the lake with encroachments on one side and water contamination on the other as a PIL, made it clear that it was not taking HMDA officials into the committee saying “they sold off their conscience”. The bench asked the expert committee to submit report within six weeks. Next hearing on Feb 6 2024.
No official from SPCB was named because SPCB had become a source of litigation than a preventer of pollution, the bench said. It also said that the lake’s plight was primarily due to connivance of officials with wrong-doers and any attempt to influence the experts committee or scuttle the process will be met with serious consequences. “We have decided not to depend on the govt officials for the purpose of studying the lake condition because we know they will cause more obstructions in the way. We know the case of the fence eating the crop and the lake eating officials,” the bench warned. The bench directed the state govt to support the committee financially in all forms, including transport and other expenses. It also directed the govt to provide police protection to the committee. https://timesofindia.indiatimes.com/city/hyderabad/court-appoints-panel-on-durgam-cheruvu-seeks-report-in-6-weeks/articleshow/106223831.cms (23 Dec. 2023)
“We will monitor the issue to ensure that the lake is brought back to a healthy stage,” said a bench of Chief Justice Alok Aradhe and Justice J Anil Kumar while expressing doubts about the veracity of claims of GHMC, revenue and irrigation departments which came forward to furnish status reports and promised to rejuvenate the lake.
The bench appointed senior counsel Vedula Srinivas as amicus curiae to assist the court in the ‘Mission Durgam Cheruvu’. It asked him to identify experts in the field who will not be influenced by officials. “This is the first hearing of this case after we took up the cause. We have not issued you (govt depts) a notice. We did not even ask you to do anything. But you are ready to come out with status reports,” the bench said. The bench directed the high court registry to supply a copy of STOI report to experts and officials and posted the case to Dec 22. https://timesofindia.indiatimes.com/city/hyderabad/high-court-converts-toi-report-on-durgam-cheruvu-stink-into-pil/articleshow/106055089.cms (17 Dec. 2023) HC initiates Suo Motu PIL against ‘Deteriorating Conditions’ Of Duragam Cheruvu Lake. https://www.livelaw.in/high-court/telangana-high-court/telangana-high-court-suo-motu-action-durgam-cheruvu-lake-deterioration-244693 (16 Dec. 2023)
3. Karnataka HC reiterates directions to BBMP on scheme to remove encroachments LEO SALDHANA ON BANGALORE LAKES: Yesterday, I had the privilege of inviting the attention of the Division Bench of the Karnataka High Court headed by the Chief Justice Prasanna B Varale and Justice M G S Kamal to the meticulous documentation of lakes & kaluves undertaken by Environmental Management Policy Research Institute, an agency of Karnataka State Dept of Forest, Ecology & Environment. (In hearings that resumed after a long break in WP 38401/2014 – a PIL abt protecting lakes and kaluves initiated by Citizen Action Group established by late civic activist Naomi Chandy).
As per reports, relying on the EMPRI report and the absolute lack of an appropriate scheme to protect & rehabilitate all lakes & kaluves of Bangalore, “the court directed the BBMP Chief Commissioner and a representative of the Secretary Urban Development Department not below the rank of a deputy secretary, to appear in court and present their views on the report”.
This EMPRI report from 2013 was hidden to the public for years. In 2019, I drew the attention of the Court to this meticulously documented report not being relied upon by any of the agencies involved in lake protection & rehabilitation. Then Chief Justice Abhay Oka directed EMPRI to produce this report, and in a later direction (24 March 2020) made it one of 9 documentations (which included Justice Patil Cmt Report -2010, Lakshman Rau Cmt Report – 1985, Survey of India toposheets, old revenue maps, etc.) that statutory agencies must rely on to recover lakes & kaluves as water commons for the water, food, livelihoods and ecological security of present & future generations.
As the Court has observed in its order yesterday, the EMPRI report is a tome and an unprecedented effort by a govt agency to document the state of just about every wetland in the Bangaluru region – ponds, lakes, kaluves, even open wells and marshlands, supported with field notes, sketches, toposheets, notes, backed by satellite imagery based analysis. This report is the outcome of Environment Support Group’s PIL (WP 817/2008), on the basis of which the KarHC initiated the District Level Lake Protection Cmts & extended judicial oversight to all lakes, kaluves & such other wetlands across Karnataka. It also resulted in the enactment of Karnataka Tank Conservation and Development Authority Act, 2014.
When we started the PIL in 2008, the State had merely 35000 lakes on record. Now judiciary directed enumeration has resulted in over 40000 being identified, and that after only half the job done in over a decade. The EMPRI report, which also covers all other districts, was to be the basis for all to act on in protecting water commons.
The EMPRI effort must be seen as a crucial document that provides public at large a reliable and accessible document to protect and rehabilitate lakes, and other water commons, for posterity through collective community action – not solo heroic demonstrations of bulldozer rehabilitation, which some private corporates are most willing to support under CSR, and certain civic agencies employ to turn lakes into parks and entertainment zones.
All that agencies need to do is study the EMPRI and other reports the Court has held is crucial official documentation, and rely on advise of those who understand how wetlands need to be rehabilitated, and then evolve a scheme in accordance with Kar HC ruling in ESG PIL and the current PIL, and then do it ground up with community involvement and Ward Cmt (for cities) and Gram Sabha/Panchayat (villages) oversight and involvement.
Instead, gross negligence by BBMP, Revenue, KTCDA & other statutory agencies is encouraging active pollution and encroachment of lakes and kaluves by mega real estate developers, BDA, KIADB, BIAL, BMICAPA, etc., in the Bangalore region, and their neglect in rural areas, which is resulting in destruction of these critical wetland ecosystems that hold precious water for this water starved megalopolis and the State. Besides, prevailing “lake rehabilitation” efforts of Bengaluru, is causing a schizophrenic reaction across the State with even Panchayats turning lakes into walking paths & parks and disastrously concretising Kaluves, following the “Bangalore model”.
With this year’s Karnataka budget making a strong pitch to recover and rehabilitate lakes and kaluves (without protecting kaluves lakes are as good as dead), one now hopes there is a clearer understanding in the Govt & with district authorities, & civic agencies, of how to protect & rehabilitate Karnataka’s water jewels – lakes and kaluves that also are home to a range of aquatic life, and are crucial refuge for migratory water birds that come flying here from as far away as Siberia, Mongolia, and over the mighty Himalayas through Nov-Feb every year to escape the harsh winter there.
Fact: In 1995, Birdwatchers Field Club of Bangalore recorded 35000 migratory water birds in Bellandur lake. In recent years, less than 3000 have been sighted. Now that’s an ecological indicator of how mucked up our wetlands are – you don’t need expensive water analysis & super expensive foreign NGO & consultant led studies to tell you that!
Also, search lakes or wetlands in esgindia.org and you will find dozens of documents that make the case for ground up, low cost, ecology appropriate, community action that can ensure Karnataka can build water security by sensibly and ecologically wisely rehabilitating all of its wetlands. This alone will make absolutely unnecessary the destruction of Cauvery with Mekedatu or the dangerous diversion of rivers from Western Ghats, to feed districts in the plains. And in cities and in villages, it is not in the least difficult to ensure that every built structure is adapted to capture free and best quality of water for drinking – it’s called rainwater! https://www.deccanherald.com/city/top-bengaluru-stories/hc-reiterates-directions-to-bbmp-on-scheme-to-remove-encroachments-1239467.html (22 July 2023)
4. Madhya Pradesh NGT gives 3 more months to free Bhoj wetland area The central bench of NGT gave three more months to the district administration and Bhopal municipal corporation (BMC) to remove all encroachments in Bhoj wetland area along the Upper Lake and also ensure that no untreated water is discharged into the water bodies of Bhopal. The petitioner in the case, Aarya Shrivastava, who was a student of National Law Institute University (NLIU) when she filed the petition, had sought removal of encroachments from the wetland in the Upper Lake in Bhadbhada area.
Counsel for the petitioner Dharamvir Sharma also referred to discharge of untreated water in the Upper Lake. The matter of control on the discharge of the untreated water into the water body and remedial action with provision of imposing environmental compensation was also taken up by the tribunal. The tribunal, while asking the MPPCB to calculate the amount of environmental damage according to parameters laid down and realise the same from the agencies/ departments concerned, said “The environmental compensation may be on the basis of either per month rate or on the basis of per drain or on the basis of per MLD discharge of untreated water, which is quoted above and notified by the CPCB.”
The tribunal comprising judicial member Justice Sheo Kumar Singh and expert member Dr Afroz Ahmad said that in the previous hearing on July 24, 2023, the tribunal had given 4 months for removal of encroachments to the district administration and the BMC but when the matter is being taken up after 4 months, it has not been done yet. Next hearing on Mar 21, 2024. https://timesofindia.indiatimes.com/city/bhopal/ngt-gives-3-more-months-to-free-bhoj-wetland-area/articleshow/105852859.cms (9 Dec 2023)
NGT imposes Rs.1 cr compensation for Illegal construction NGT has imposed a Rs.1 crore compensation on the BMC for undertaking illegal construction allegedly carried out for floating restaurants in a prohibited area of Bhoj Wetland, also known as Bhopal Lake. Directing BMC to refrain from proceeding with any further permanent construction on the site, the Tribunal has ordered the demolition of the already constructed RCC within one month. https://www.livelaw.in/environment/national-green-tribunal-orders-demolition-bhopal-lake-illegal-construction-232739 (14 July 2023)
The International Convention may have recognised both Upper Lake and Lower Lake of Bhopal as wetlands of international importance and named them as Ramsar sites but the MP govt and BMC, don’t consider Lower Lake a wetland. In fact, MP Housing & Infrastructure Development Board in its application before the NGT, seeking dismissal of the petition challenging its project on the banks of the Lower Lake in Professors’ Colony under which it proposes to construct the collectorate building and a commercial complex, said that the criteria of leaving 50 m open space (as applicable for the wetlands under the wetlands rules, 2017) applies only to the Upper Lake and no other lake of Bhopal. https://timesofindia.indiatimes.com/city/bhopal/controversial-stance-of-madhya-pradesh-government-on-lower-lake-as-wetland/articleshow/107276384.cms (31 Jan. 2024)
5. Tamil Nadu HC refuses draining of lake to protect encroachments The Madras High court has refused to order the opening of the sluices of a 50 ha lake in Namakkal district, to protect residential houses that have been constructed illegally on plots of land prone to submerging when the water level in the lake remains high. It has said, the precious water required for the ayacutdars (farmers entitled to irrigation rights from a water body) until the next monsoon could not be wasted now for the benefit of the lawbreakers. “It is only the man-made mischief which has to be undone and not the natural stagnation of water which has to be prevented,” wrote Acting Chief Justice T. Raja and Justice D. Bharatha Chakravarthy while dismissing the case filed by the Chandrasekarapuram panchayat president who had sought a direction to open the sluices of the sprawling lake situated in the adjacent Anaipalayam village at Rasipuram Taluk in Nammakal district.
Authoring the verdict, Justice Chakravarthy wrote that storage of water in a lake comes handy not only for future use but also helps in recharging the ground water level besides serving as a medium to sustain biodiversity. “If the residents are put to inconvenience on account of building homes on the land which is prone to submersion during rainy seasons, it is the individuals themselves who have to be blamed,” he said. “It also shows the callous attitude and recklessness on the part of the State authorities in granting facilities such as water connection, electricity connection, laying of roads, etc., inside such submersible land in contravention of their own order dated June 19, 1971. The argument to open the sluices to release water so that the tiny borewell is functional again shows our ignorance,” he observed.
The judge quoted acclaimed organic scientist G. Nammalvar to have said, that we must look up to the sky and not under the ground for our water needs. Stating that the Tamil Nadu Change of Land Use (From Agriculture to Non Agriculture Purposes in Non-planning Areas) Rules of 2017 prohibits the conversion of lands that are fit for cultivation, into residential plots, the Bench ordered implementation of those statutory rules in letter and spirit. https://www.thehindu.com/news/national/tamil-nadu/madras-high-court-refuses-to-order-draining-of-water-from-lake-in-namakkal-to-protect-illegally-constructed-houses/article66736280.ece (14 April 2023)
6. W Bengal NGT orders razing of Sundarbans hotel NGT has ordered the demolition of a luxury hotel-cum-private tourist resort in Dulki village at Gosaba in South 24 Parganas for violating Coastal Regulation Zone (CRZ) notification in the Critically Vulnerable Coastal Area (CVCA) of the Sundarbans.
A petition was filed by the Dakshinbanga Matsyajibi Forum (DMF), an organization working for small-scale fisherfolks of southern Bengal, before the Eastern Zonal Bench, Kolkata of the NGT highlighting the illegal construction of Hotel Sonar Bangla Sundarban. The hotel, which covers an area of 3.4 ha along the Datta river surrounded by mangroves, is a part of the Hotel Sonar Bangla chain and offers luxury jungle accommodation. However, the construction of the hotel is in blatant violation of the provisions of the Coastal Regulation Zone Notification, they alleged. The DMF members said the demolition of the hotel will serve as a deterrent against any future violation of Coastal Regulation Zone norms and protect the critically vulnerable coastal ecology of the Sundarbans. https://timesofindia.indiatimes.com/city/kolkata/ngt-orders-razing-of-sundarbans-hotel/articleshow/98076988.cms; https://www.thehindu.com/sci-tech/energy-and-environment/ngt-directs-authorities-to-demolish-hotel-constructed-in-sundarbans/article66528389.ece (19 Feb. 2023)
7. SC asks Centre to respond on plea to protect 2.31 lakh wetlands The Supreme Court on July 10 recorded that the number of wetlands in the country has expanded from 2.01 lakh to 2.31 lakh since 2017, and sought the Centre’s response on a plea to protect the enhanced wetland areas which act as a natural protection from floods. “In Delhi alone 27 wetlands are there…None of them have been notified… Waste and garbage get dumped there… This issue is important when cities are witnessing heavy floods after rains,” senior advocate Gopal Sankaranarayanan, for petitioner M.K. Balakrishnan, submitted before a Bench led by Chief Justice of India D.Y. Chandrachud. The Bench asked Additional Solicitor General Aishwarya Bhati, for the Centre, to take “appropriate instructions” on the plea to protect the expanded area of wetlands. https://www.thehindu.com/news/national/sc-asks-centre-to-respond-on-plea-to-protect-231-lakh-wetlands-mapped-in-country/article67064962.ece (10 July 2023)
8. NGT not supposed to apply strict rigors of CPC: SC The Supreme Court on Jan 4 expressed dissatisfaction with the NGT’s approach while dismissing an application. The application alleged that a waterbody/pond was being filled up. However, the NGT summarily dismissed the same without holding any inquiry. The Tribunal’s findings were based only on certain photographs. The Apex Court observed that when a citizen approaches the NGT with a plea that a water body is being filled in, a different approach by the NGT is contemplated. It is not supposed to strictly apply the rigors of the Code of Civil Procedure, 1908.
The NGT, in its impugned order, stated that these photographs do not show that it is a waterbody since no water is visible in the photographs. However, the Top Court asserted, “If a water body is already filled in, obviously from the photographs, water cannot be seen.” Given these facts, the Court opined that the Green Tribunal had not done its duty and, thus, remitted the matter to it. While doing so, the Court also asked the tribunal to conduct a fresh inquiry into the application. https://www.livelaw.in/supreme-court/ngt-not-supposed-to-apply-strict-rigours-of-cpc-when-citizen-approaches-with-grievance-supreme-court-246475 (11 Jan 2024)
9. Odisha NGT asks govt to stop ‘illegal’ construction in Tampara Lake NGT, Eastern Zone, has directed the Odisha govt not to go ahead with ‘illegal’ construction in and around Tampara Lake, a designated Ramasar site and one of the largest picturesque freshwater lakes. The NGT has issued the order after hearing a petition filed by Wildlife Society of Orissa, which alleged that the ongoing large-scale permanent construction work in Tampara Lake was illegal. https://www.thehindu.com/incoming/ngt-asks-odisha-government-to-stop-illegal-construction-in-and-around-tampara-lake/article67184880.ece (12 Aug 2023)
10. Tamil Nadu Waterbody encroachers are traitors: Madras HC “They (encroachers) must not be provided with alternate accommodations at the cost of the exchequer, as it would amount to perpetrating an illegality by the govt,” a division bench of Justice S Vaidyanathan and Justice K Rajasekar said on Sept. 26. “We make it very clear that if encroachments on waterbodies are not removed, this court will be constrained to pass appropriate orders to use military force to remove such encroachments,” the bench said.
The court made the observations on a contempt plea moved against the Tamil Nadu govt for failing to implement a court order and remove encroachers from the Pallikaranai marshland. When the plea came up for hearing, the state filed a report dated Sep 12 prepared by the member-secretary of the Tamil Nadu State Wetland Authority.
Recording the submissions, the bench said: “It is really a sad state of affairs that in Tamil Nadu, instead of buying land, any person can encroach upon a land and the govt is willing to give an alternative site… If this is going to be allowed, then the taxpayers’ money will be wasted,” the court added. https://timesofindia.indiatimes.com/city/chennai/waterbody-encroachers-are-traitors-madras-hc/articleshow/103973390.cms (27 Sept. 2023)
Other Relevant Reports
Kerala Property cannot be termed ‘Paddy Land’ just for lying fallow: HC The High Court recently reiterated that a property cannot be termed as paddy land under the Kerala Conservation of Paddy Land and Wetland Act, 2008 for the sole reason that property is lying as fallow. The court observed that the Revenue Divisional Officer must also be satisfied that the land is suitable for paddy cultivation apart from it being fallow, for it to fall under the category of paddy land under the 2008 Act. The petitioner in this case had approached the court after his application under Rule 4 (4d) of the Kerala Conservation of Paddy and Wetland Rules 2008 to delete his property from the land data bank was rejected.
The reason given for rejecting his application was that his property was lying fallow and there was paddy cultivation in the vicinity and converting the property into garden land would affect the flow of water in the area. The court held that the rejection of the petitioner’s application without ascertaining the property’s character and fitness as on 12.08.2008 and without a site inspection or report of the KSREC, is arbitrary and unjust. In light of the above, the application of the petitioner was directed to be considered afresh. https://www.livelaw.in/news-updates/kerala-conservation-of-paddy-land-and-wetland-act-2008-property-cannot-be-termed-paddy-land-for-sole-reason-lying-fallow-224248 (20 March 2023)
Court orders further probe into paddy land reclamation by late Minister The controversy over reclamation of paddy land by the former Minister Thomas Chandy is refusing to die down even after his death with a vigilance court summarily rejecting the request to treat the case as ‘a mistake of fact’. In a recent order, M. Manoj, Enquiry Commissioner and Special Judge, has refused to accept a prayer in this regard by the investigation officer, Vigilance and Anti-Corruption Bureau and returned the final report with a direction to conduct further investigation. The court also directed to submit the final report within four months. https://www.thehindu.com/news/national/kerala/wetland-conversion-court-refuses-to-treat-case-against-late-minister-as-mistake-of-fact-orders-further-probe/article67532359.ece (14 Nov 2023)
Tamil Nadu Madras HC orders removal of encroachment on pond The Madras High Court has directed the Directorate of Town and Country Planning (DTCP) to remove all encroachments made by Olympia Infra Tech Pvt Ltd at Navalur in Chennai. The court has further ordered demolition of a compound wall along with a gate erected by the real estate developer blocking the public pathway. Acting Chief Justice T. Raja and Justice D. Bharatha Chakravarthy also directed the DTCP to restore a waterbody which was now being used as a car parking area and ensure public access to it. The orders were passed on a writ petition filed by Mandava Holdings Pvt Ltd, another real estate firm, in 2020.
Disposing of the case now, the first Division Bench directed the revenue as well as local body officials to take physical possession of all Open Space Reserve (OSR) lands, the water body and also the public roads to be provided by Olympia Infra Tech as per the approved plan and declare them as public lands/roads. The Bench made it clear that necessary changes should be carried out in the revenue records to prevent encroachments in future. The entire exercise of taking physical possession of the OSR lands, public roads and the water body and altering the revenue records must be done within 12 weeks, it ordered. https://www.thehindu.com/news/national/tamil-nadu/madras-hc-orders-removal-of-encroachment-by-olympia-infra-tech-on-pond-next-to-buckingham-canal/article66555769.ece (26 Feb. 2023)
Ensure tank is kept free of encroachment, pollution: HC Madurai Bench of the Madras High Court has directed the authorities to ensure that Pudukulam, a ‘kanmoi’ at R.S. Mangalam in Ramanathapuram district, is kept free from encroachment and pollution. The court was hearing a petition filed by G. Thirumurugan of Ramanathapuram district. The petitioner sought a direction to the authorities to remove garbage that had accumulated on the tank bund. He also sought a direction to the authorities to restore the waterbody to its original state and maintain it so as ensure good water storage. https://www.thehindu.com/news/cities/Madurai/ensure-tank-is-kept-free-of-encroachment-pollution-hc/article67303558.ece (13 Sept. 2023)
W Bengal NGT forms panel to curb Sundarbans degradation The principal bench of the NGT constituted a nine-member monitoring committee headed by the chief secretary of the Bengal govt to prevent further environmental degradation of the entire Sundarbans and ensure compliance of environmental regulations. The principal bench observed there was neglect by the govt resulting in continuous and irreversible damage to environment, wildlife, and biodiversity, in response to the case filed by green crusader Subhas Datta. The committee will also have regional officer, MOEF; chairman, SPCB; member secretary, state coastal zone management authority; 12 DMs; director of Sundarbans Tiger Reserve; and the state wetland authority. The chief secretary can include any other individual or institution. https://timesofindia.indiatimes.com/city/kolkata/ngt-forms-panel-to-curb-sundarbans-degradation/articleshow/97787958.cms (10 Feb. 2023)
NGT orders mapping of shrinking Malda wetland NGT on March 26 ordered detailed mapping of Chatra Beel by an expert committee to assess its state and recommend remedial measures for its restoration. “The Committee shall visit the Chatra Beel and inspect the site and submit its report with regard to the encroachments alleged to have been made upon the said waterbody and it shall suggest remedial measures for restoration of the said waterbody to its original pristine form as well as remedial measures to ensure that there is no further encroachment into the waterbody,” said the order. “In the meantime, we direct the District Magistrate, Malda to ensure that no further encroachment is permitted in the Chatra Beel during the pendency of the present proceedings.” All the respondents, including the SPCB, English Bazar Municipality, the department of municipal affairs and the MoEF, shall file their counter-affidavits within four weeks.
One of the biggest wetlands in north Bengal, Chatra Beel plays a crucial role for Malda city by replenishing its ground water, minimising flooding, ensuring an ecological, hydrological and biological balance in the region and acting as its carbon sink. Green activist Subhas Datta, who filed the case, in his affidavit said the waterbody had shrunk to 196 ha in 2020 from 407 ha in 2005. https://timesofindia.indiatimes.com/city/kolkata/ngt-orders-mapping-of-shrinking-malda-wetland/articleshow/99021573.cms; https://www.livelaw.in/news-updates/national-green-tribunal-chatra-beel-natural-wetland-encroachment-225093 (27 Mar 2023)
NGT takes congnizance of conversion of pukur land The NGT took up the matter of the conversion of pukur (waterbody) to non-pukur land without initiating the proceedings under the provisions of Section 4C (5) of the W Bengal Land Reforms Act, 1955. The area is located in Canning-I, S 24 Parganas district. The court, on Jan 5, 2024, directed the district magistrate, S 24 Parganas, to examine each of the replies submitted by the land holders to whom the show cause notices were issued and take appropriate action as per law and file an affidavit of compliance within four weeks. https://www.downtoearth.org.in/news/governance/daily-court-digest-major-environment-orders-january-5-2024–93763 (8 Jan 2024)
Assam Can law recognising wetlands be applied retrospectively? Chief Justice Mehta had, during the hearing on June 6, remarked that even the lake, being a living body, has rights that needed to be protected. “Is the right to life only of human beings and not other living beings (like lakes)? Can a letter by circle officer be attributed to the State, is that a recognition of right by the State, sir? When it is leading to virtual extinction of a water body, probably these technicalities will not come in the way, this is our prima facie view … lake is also a living body, has the right to survive,” Chief Justice Mehta said.
The bench had taken critical note that the original revenue records of the lands in question did not reflect its status. “Very sorry state of affairs. The [Waterbodies] Act is not prospective, it [only] declares. I am at a loss for words. In any other State, the category of land is mentioned in the revenue record. There is no need for such Acts, even,” he said. https://www.barandbench.com/news/litigation/law-wetlands-gauhati-high-court-silsako-eviction (23 June 2023)
Baghjan: NGT asks Tinsukia DC, Oil India to clarify delay in compensation The NGT has asked the DC of Tinsukia and Oil India Ltd (OIL) to clarify issues related to the interim compensation of Baghjan blowout victims on Jan. 10. OIL was held responsible for the blowout incident in its oil well in Baghjan in May 2020, which impacted over 9,000 families in the region. OIL represented by advocate Sridhar Potaraju stated that the compensation amount was deposited to the office of Tinsukia Deputy Commissioner. However, Assam’s state counsel, Malabika Roy Dey appearing before the tribunal said she has received no instruction from the state govt regarding the disbursal of the compensation to the affected people of Baghjan. https://www.eastmojo.com/assam/2024/01/12/baghjan-ngt-asks-tinsukia-dc-oil-india-to-clarify-delay-in-compensation/ (12 Jan. 2024)
Jammu & Kashmir; Ladakh HC seeks status of 7 wetlands declared Ramsar sites The High Court Nov 20 granted a final opportunity to the J & K govt to file the report indicating the status of seven wetlands recognised to be of international importance and declared Ramsar Sites in J&K and Ladakh. Observing the failure of the govt to file the status report as a “serious lapse”, a division bench of Chief Justice N Kotiswar Singh and Justice M A Chowdhary while hearing a suo moto PIL noted that despite the order passed by the court on Sep 9 last year, J&K govt has not yet filed the report. https://www.greaterkashmir.com/front-page-2/high-court-seeks-status-of-7-wetlands-declared-ramsar-sites-in-jk-ladakh/ (21 Nov. 2023)
Himachal Pradesh Reply to proposal for upkeep of 5 wetlands The High Court has directed the MoEF&CC to file its reply with regard to a Rs 24.04 lakh budget proposal submitted by the state govt for the maintenance of five wetlands — Renukaji, Khajjiar, Chandertal, Pong Dam and Rewalsar. A Division Bench comprising Acting Chief Justice Tarlok Singh Chauhan & Justice Virender Singh clarified in its recent order that “the Union Ministry has not filed its reply for the past 2 years and the needful be done by the next date of hearing, failing which the responsible officer, not below the rank of Joint Secretary, will personally appear before the court along with records”. Next hearing on May 8, 2023. https://www.tribuneindia.com/news/himachal/reply-to-proposal-for-upkeep-of-five-wetlands-hc-501464 (27 April 2023)
Goa After HC rap, action against polluters of Saipem lake Following a rap by the high court of Bombay at Goa on Wednesday (Jan. 25) in the hearing over the PIL concerning pollution in the Saipem lake, the Margao Municipal Council (MMC) has decided to take coercive action against those found guilty of releasing raw sewage into the Saipem lake. The petitioner in the case, Antonio Alvares said that the authorities have failed to prevent contamination of the Saipem lake for the last 25 years. He said that the STP set up by the corporation was not functioning. “The fields surrounding the Saipem lake need to be desilted. We approached the court with a prayer that the fields be restored to a cultivable state. Raw sewage is discharged directly into the lake through gutters and from slum areas,” Alvares said.
The high court directed MMC to file progress reports and the SPCB to file sample test reports in the context of the inspection report conducted earlier this month wherein sewerage was found to be released in the storm water drains at seven different places. The court also directed the Navelim panchayat to be impleaded as a respondent in the case. The case has been adjourned to February 14. https://timesofindia.indiatimes.com/city/goa/after-hc-rap-action-against-polluters-of-saipem-lake/articleshow/107154668.cms (26 Jan. 2024)
Haryana Del-Mum eway stretch built on pond? NGT wants action The NGT on July 14 directed NHAI to submit a factual report by Oct 3 and take “remedial action” on the allegation that a portion of the Delhi-Mumbai Expressway (NH-148NA) was illegally built on a village pond in Nuh and by felling trees in Gurgaon. The tribunal was hearing a petition by city resident Prem Mohan Gaur, who has alleged the NHAI used up the catchment area of a 2-acre pond in Kiranj village of Nuh to build the six-lane expressway. Construction of the 60km stretch of the expressway began in Nov 2021. https://timesofindia.indiatimes.com/city/gurgaon/del-mum-eway-stretch-built-on-pond-ngt-wants-action/articleshow/101771324.cms (15 Jul 2023)
Delhi SWA submits report on wetland in Kapashera State Wetland Authority has submitted a report to the NGT regarding the alleged encroachment of a large waterbody in Kapashera. The wetland authority’s member secretary has stated that the large wetland is being assessed, but the process is taking time because multiple agencies are involved. Earlier this year, a resident had moved the NGT, claiming that the wetland was being encroached upon. In Aug 2021, the Delhi govt had given unique identification numbers to 1,040 wetlands, which were to be notified. However no wetland has been notified or given legal protection so far. https://timesofindia.indiatimes.com/city/delhi/delhi-wetland-authority-submits-report-on-wetland-in-kapashera/articleshow/106005780.cms (15 Dec. 2023)
Compiled by Bhim Singh Rawat (bhim.sandrp@gmail.com)
SANDRP 