(Part of a marsh land already covered by residential buildings in Asan river basin in Dehradun being filled up further in May 2024. BS Rawat/SANDRP)
In third part of annual overview, we compile top ten judicial decisions taken during 2024 by various courts regarding protection and conservation wetlands in India. The first part of the overview has covered the looming threats on Ramsar sites and the second part has highlighted the deteriorating condition wetlands in the country.
1. Supreme Court Demarcate & protect wetlands The Supreme Court on Dec 11, in response to petitions by Anand Arya (NOIDA based birder), Advocate KG Balakrishnan and NGO Vanashakti ordered the protection of around 30,000 more wetlands over the 201,503 protected by a 2017 order, and, more importantly, asked states and Union Territories to ensure the demarcation and ground truthing them within three months — a significant step in the protection of habitats usually ignored by govts. The court order covers only wetlands that are more than 2.25 ha in size. Next hearing on March 25, 2025.
The bench of justices Sudhanshu Dhulia & Ahsanuddin Amanullah further directed suo motu monitoring of 85 Ramsar sites. In April 2017, the top court passed a direction asking high courts where 59 Ramsar sites were identified to initiate suo motu proceedings to conserve these water bodies. The petitioners urged the court that an additional 26 sites also need to be monitored. According to the note submitted by the petitioners, there are around 5,55,557 wetlands which are less than 2.25 ha in area as identified in the National Wetland Inventory & Assessment (Space Application Centre, SAC) 2011, that also need to be notified and protected. The court is yet to consider this suggestion and is expected to take it up in March.
The court’s order is in response to an affidavit submitted on Nov 11 by the union environment ministry which captures the status of wetlands in 31 states and UTs. The affidavit states that there are 2,31,195 wetlands in India as per satellite-based observation by SAC but that only 92 of those have been notified to be protected under Wetlands (Conservation and Management) Rules 2017. States have conducted ground truthing for 81, 649 wetlands during which they found an additional 110 wetlands but boundary demarcation has been conducted for only 784 wetlands, and brief documents created for only 1965 wetlands, the affidavit said. Of these 85 wetlands are Ramsar sites. The affidavit followed a court order on Oct 1 that sought a status report as to what steps have been taken by the states and UTs in conserving the wetlands in their respective jurisdiction. https://www.hindustantimes.com/india-news/demarcate-and-protectwetlands-sc-tells-states-101733943349942.html (12 Dec. 2024)
EDIT Nudging govt to conserve wetlands The lack of State enthusiasm in protecting these, despite several policies, has allowed cities to encroach on them, and even swallow altogether them in places, which in turn has exacerbated problems of urban flooding and drainage. Elsewhere, much of it has been turned into agricultural fields or, in the worst case, garbage dumps. In our era defined by severe weather phenomena, the imperative to protect wetlands can’t be overstated. https://www.hindustantimes.com/editorials/nudging-government-to-conserve-wetlands-101734016879259.html (12 Dec 2024) Wetlands: No room for false starts https://www.deccanherald.com/opinion/editorial/wetland-revival-no-room-for-false-starts-3321911 (18 Dec. 2024)
Can we expect the SC to be more effective this time? It is indeed good to see an Editorial in a newspaper on the important issue of wetlands protection and rejuvenation. The Supreme Court’s order on wetlands last week shows its concern over the threat to a natural feature of the environment that is under serious threat. The court ordered the protection of about 30,000 wetlands (area more than 2.25 ha) over the 201,503 protected by an order which it issued in 2017 and asked states to ensure their demarcation and ground-truthing which involves closer verification, within three months.
The order is in response to a PIL that said the Central govt had abdicated its functions under the Environment Protection Act, 1986, to protect the wetlands. One hopes the SC also gives effective orders for the protection of wetlands with less than 2.25 ha area.
The existence and survival of wetlands is crucial for the health of the planet’s ecosystem. It is unfortunate that the highest court’s intervention is needed to ensure their protection. The Supreme Court had done some interventions in the past, but it has been far from effective. In fact, the 2017 wetland guidelines are not even implemented and as the petitioners told the apex court, the govt has abdicated its responsibility for protection of wetlands, including even the Ramsar wetlands. Let us hope the SC intervention this time will actually help the cause of the wetlands comprehensively & effectively. https://sandrp.in/2024/12/23/drp-nb-231224-can-we-expect-the-supreme-court-to-be-more-effective-this-time-on-wetlands/ (23 Dec. 2024)
2. Tamil Nadu Open website with details of waterbodies: HC While emphasizing the need to protect the fast-disappearing water bodies in TN, the Madras High Court has directed the State govt to open a dedicated website containing the details of all water bodies across the state,including their survey number, physical location, details of village, taluk, etc.
The court added that the website was meant for viewing for all and shall be opened within 6 months. The exercise of collating the details will be undertaken from the village level onwards and certified at the Taluk level. If the details were found to be incorrect, appropriate action would be initiated against the persons responsible for furnishing the incorrect data. Thus, the officials were expected to conduct proper physical inspection and verify all the govt records.
The court directed that all the encroachments in the water bodies shall be identified & removed after issuing notice to the encroachers and any construction made will be demolished. The court highlighted that no further encroachments shall be permitted or regularised.
The court also said that any patta issued in respect of a water body after Jan 1, 2000, shall be cancelled and water bodies shall be restored to their original position. The court highlighted that any development project will have to be undertaken without affecting the integrity of the water bodies. https://www.livelaw.in/high-court/madras-high-court/madras-high-court-directs-state-open-website-details-of-all-water-bodies-in-tn-252009 (12 Mar 2024)
The court passed the series of directions while disposing of two public interest litigations filed by an advocate R Manibharathi challenging the construction of roads on the bunds of Vandiyur & Thenkal tanks in Madurai dist. Addressing the petitioner’s delayed legal action, the judges acknowledged the larger public interest behind the projects & lifted the restraining order, allowing the works to resume. However, they cautioned against sacrificing waterbodies in the name of public interest, noting that numerous waterbodies, including large ones in Madurai, have already vanished due to govt dept actions. “We note with pain that a number of court complexes are located in what were originally tanks,” the judges said. Expressing disappointment over people’s lack of civic consciousness, the judges noted the filing of petitions seeking encroachments on waterbodies, indiscriminate dumping of waste & sewage discharge. https://timesofindia.indiatimes.com/city/madurai/madras-hc-directs-state-government-to-create-dedicated-website-with-comprehensive-list-of-waterbodies/articleshow/108313426.cms (8 Mar 2024) The govt gave an undertaking that no other projects would be permitted in the said waterbodies in future, and also assured the court that the current project would not reduce but increase the storage capacity of the tanks. https://www.newindianexpress.com/states/tamil-nadu/2024/Mar/08/open-portal-to-track-waterbodies-madras-hc-tells-tn-govt (07 March 2024)
Madras HC orders mapping of all wetlands from June The Madras High Court has ordered the TN govt to carry out mapping of wetlands in all dists of TN from June on the lines of the exercise carried out in Tiruvallur district. The court has also directed the state to submit reports on the progress of the exercise periodically to the court in order to preserve these natural resources. https://www.newindianexpress.com/states/tamil-nadu/2024/Apr/27/madras-hc-orders-mapping-of-all-wetlands-in-tn-from-june (27 April 2024)
3. Tamil Nadu NGT seeks report on encroachments of waterbodies, wetlands NGT has sought a report from the Tamil Nadu chief secretary on dist-wise encroachments on waterbodies, wetlands & river poramboke land. Following newspaper reports concerning the same, Justices Pushpa Satyanarayan and Satyagopal Korlapati of the tribunal took up the matter suo motu. The tribunal has also sought a list of encroachments in the form of cultivation, temporary or permanent habitations and commercial buildings and a plan of action to evict them. It has sought a report on the number of waterbodies in Chennai, Tiruvallur, Chengalpattu and Kanchipuram that have been affected.
The NGT has sought details on extent of wetlands (natural and manmade) and rivers that have been allotted to govt depts for the construction of commercial and residential buildings. The tribunal has directed the govt to provide information on the extent of water storage capacity as per tank records and how much storage capacity is lost due to shrinkage of waterbodies. It has also sought details on schemes launched since 2015 for increasing the water-storing capacity in Chennai and its neighbourhood by new reservoirs, in-stream reservoirs and deepening of waterbodies.
The NGT also observed that the agencies responsible for protection and maintenance of the waterbodies and flood plains as well as those responsible for urban planning are found wanting. It also stated that the neglect and damage to natural resources continues unabated. “Shrinking of waterbodies, disappearance and disruption of inlet and outlet channels and damage to rivers and floodplains are rampant,” the tribunal said. https://www.thenewsminute.com/tamil-nadu/ngt-seeks-report-on-encroachments-of-waterbodies-wetlands-in-tamil-nadu (28 Jan. 2024)
4. Rajasthan HC initiates proceedings against encroachments over rivers, water bodies The High Court of Rajasthan initiated suo motu proceedings based on a news article published in ‘Rajasthan Patrika’. The article highlights that despite numerous directions issued by the courts and NGT, several rivers along with various other water bodies across the State are facing severe encroachment, jeopardising the well-being of all living organisms and environment. The HC observed that such news indicated serious failure of the Central & state govts, particularly MoEFCC & Ministry of Jal Shakti, in protecting rivers from illegal encroachments. It also noted that the draft River Conservation Zone (Regulation of Harmful Activities) Rules, 2012 and the notifications regarding river conservation zone and river regulation zone in 2015 remain unimplemented till date. The HC issued show cause notice on why the directions for constituting committees at state level, divisional level and district level should not be issued. It also proposed the demolition of illegal and unauthorised constructions and encroachments on the rivers, flood plains and catchment areas of all rivers, water bodies, water courses and water channels. https://www.barandbench.com/columns/important-environmental-law-orders-and-judgments-passed-in-2024 (24 Oct. 2024)
5. Telangana It’s govt duty to save Durgam Cheruvu: HC Protection of iconic Durgam Cheruvu was the responsibility of the state and it must take all steps to restore it, the Telangana high court made it clear on Feb 21 2024. The HC gave the state one week to explain the steps it intended to take to preserve the water body. “Restoration of this lake is a must. Non-negotiable. It is not an option anymore,” said a bench of Chief Justice Alok Aradhe & J Anil Kumar which had converted into a PIL a Dec 12 TOI report on the current plight of the water body, known as the ‘secret lake’, between Jubilee Hills & Madhapur. The bench had appointed a committee headed by Dr Atul Narayan Vaidya, a water expert currently heading NEERI.
The committee visited the lake, its vicinity, studied the issue and furnished its report in a sealed cover to the court and the bench glanced at it on Feb 21 2024. The bench said that the report highlighted the huge quantum of sewage being released into Durgam Cheruvu & another water body downstream, Malkam Cheruvu. Also there were encroachment of the lake & construction of huge structures, the bench said citing experts’ report. “We will deal with the encroachments soon,” the bench observed. As per the report, there are 78 buildings in FTL area of lake & 146 in the buffer area. https://timesofindia.indiatimes.com/city/hyderabad/high-court-directs-telangana-government-to-save-durgam-cheruvu/articleshow/107896997.cms (22 Feb 2024)
Durgam Cheruvu: Govt gets 2-wks to propose action plan The HC on Mar 1, pulled up the Telangana govt over delay in implementing strategies to restore the Durgam Cheruvu Lake. The HC issued a 2-wk notice to the state to specify its action plan for the restoration of the Durgam Cheruvu Lake after dead fish were found floating in it due to pollutants & sewage.
An expert committee, chaired by Atul Narayan Vaidya of NEERI, was recently appointed by the court to investigate the degradation of Durgam Cheruvu and propose effective restoration measures. The panel does not include members of the Hyderabad Metropolitan Development Authority (HMDA) or the Telangana Pollution Control Board (PCB) as the High Court expressed no faith in them, accusing the bodies of being complicit in the deterioration of the Durgam Cheruvu Lake. The HC also warned them against attempting to influence the panel or stifle the probe.
The court has also demanded answers to desilting the lake. The court again expressed its dissatisfaction over the working of the PCB and stated that it would initiate action against it if did not take up necessary measures to restore the Durgam Cheruvu Lake. Next hearing on Mar 11. https://www.siasat.com/durgam-cheruvu-lake-pollution-telangana-govt-gets-2-weeks-to-propose-action-plan-2985628/ (02 March 2024)
On Mar 1, advocate general (AG) A Sudarshan Reddy furnished a report to the court expressing the govt’s readiness to implement all the measures suggested by the committee. However, he sought a week’s time to know the stand of the pollution control board (PCB) in the matter. But the bench pointed out that when the state was ready to cleanse the lake then there was no need for it to wait for the opinion of one of its depts. “Instead of seeking the opinion of PCB, better seek an action taken report from them,” the bench said.
Stating that the court had no independent mechanism to verify ground realities, the bench said it would ask the same NEERI committee to monitor implementation of measures suggested by it. “There are more than 200 illegal structures that have come up on the lake’s FTL & buffer zones. Tell us when you will remove them. Tell us how you will proceed further from here,” the bench told the AG while taking note of govt assurance to desilt the lake after getting expert advice. https://timesofindia.indiatimes.com/city/hyderabad/telangana-high-court-asks-state-for-action-plan-to-restore-durgam-cheruvu/articleshow/108152037.cms (02 March 2024)
Treat Durgam Cheruvu order as show cause notice: HC A division bench of the Telangana High Court has directed the deputy collector & tahsildar of Serilingampally mandal, Rangareddy dist, to treat the notices of Aug 3, as show cause notices in relation to the alleged encroachments by petitioners on land at Survey No. 47 in Guttala Begumpet village.
The court’s directive came while hearing a batch of four writ petitions filed by Boda Priyatham Reddy and three others. The petitioners challenged the notices issued by the authorities under Section 23 of the Water Land and Trees Act (WALTA), 2002, demanding removal of structures deemed to encroach upon the full tank level (FTL) of Durgam Cheruvu. The petitioners claimed they had legally purchased the plots via registered sale deeds in 1998. https://www.newindianexpress.com/cities/hyderabad/2024/Sep/03/treat-durgam-cheruvu-order-as-show-cause-notice-telangana-high-court (03 Sept. 2024)
HC halts HYDRA demolitions around Durgam Cheruvu lake The Telangana High Court on Sep 23, issued an interim order halting HYDRA demolitions around the Durgam Cheruvu lake. The petitions were filed by residents of Amar Society. This comes as HYDRA continues demolitions in Full Tank Levels and buffer zones of lakes and encroachments on govt land across Hyderabad & other Telangana dists. https://www.siasat.com/telangana-hc-halts-hydra-demolitions-around-durgam-cheruvu-lake-3101402/ (23 Sept. 2024)
6. Uttarakhand NGT orders town classification into prohibited, regulated, development zones A bench of Justice Sudhir Agarwal and expert member Afroz Ahmad, from the principal bench, passed the order on Sept 9, in a case relating to large-scale and unauthorized tree cutting in forest areas adjacent to Nainital in the last few years, which it was alleged caused damage to forest areas and affected recharging of Naini Lake. The tribunal enlarged the scope of the case and with the help of amicus curiae, advocate Akash Vashishtha, examined many other important environmental issues affecting the town.
It has also directed the Uttarakhand govt to evolve a mechanism for monitoring these zones by forming multi-district committees of officials, experts and local representatives from different fields. The tribunal also directed the state govt to implement catchment area treatment plans for rehabilitation of the several natural lakes which attract tourism to Nainital.
The order comes at a time when Nainital Lake or Naini Lake has been under threat of drying up due to climate change-linked environmental factors as well as unchecked development activities such as encroachments and tree felling in the lake’s catchment area. The tribunal directed the Uttarakhand chief secretary to ensure compliance of its orders through relevant depts & asked it to submit a compliance report by Dec 15. https://indianexpress.com/article/india/green-tribunal-orders-nainital-town-classified-as-prohibited-regulated-development-zone-9580501/ (21 Sep 2024)
7. Haryana NGT slaps ₹45cr compensation on NHAI for damaging pond The NGT has referred to this encroachment of stormwater drains, which the joint committee has also recorded, as a “serious violation” that would have “deserved a direction for demolition of the construction raised… but since it will affect the entire project and may cause damage to public revenue and public interest in other way also, we have to balance interest of villagers as also the general public using the road…” The NGT has estimated the compensation amount as 5% of the project cost of Rs 908 crore, which is Rs 45 crore. The NHAI has been directed to deposit this amount with the Haryana State Pollution Control Board in three months. https://indianexpress.com/article/cities/delhi/ngt-slaps-45-crore-compensation-on-nhai-gurgaon-nuh-expressway-9161981/ (15 Feb. 2024)
NGT rejects NHAI’s review plea against ₹45cr green compensation The case goes back to Dec 2022, when a Gurgaon resident filed a plea alleging that the NHAI had used up the catchment area of a pond in Kiranj village of Nuh to build the six-lane expressway. NGT formed a committee, which found in its report that the expressway cut through a panchayat land in Gurgaon’s Hajipur, leaving a 3.3 acre-area completely inaccessible to locals in the absence of a service road. The committee also found that NHAI had encroached on two irrigation channels in Hajipur, and it did not acquire land in Kiranj before carrying out construction. Separately, the Authority had cut hundreds of trees on private farmlands in Kiranj without taking necessary permissions. https://timesofindia.indiatimes.com/city/gurgaon/ngt-rejects-nhais-review-plea-against-45cr-green-compensation/articleshow/111589214.cms (9 Jul 2024)
8. Uttar Pradesh Why proposal to notify Dhanauri not sent to Centre: NGT The NGT principal bench on Sep 26 ordered the Uttar Pradesh govt to clear water hyacinth from the Dhanauri wetlands and sought to know why the state authorities have not yet sent a proposal to notify the wetland as a Ramsar site.
The bench headed by chairperson Justice Prakash Shrivastava asked the UP govt to be prepared by the next hearing (Jan 7 2025) with answers. The bench made the observations and passed directions while hearing an ongoing petition seeking notification of Dhanauri wetlands as a Ramsar site, by Greater Noida resident and bird-watcher Anand Arya. The petition had also pointed out that notification of the wetland as a Ramsar site was laid down as a condition in the environmental clearance granted to Jewar Airport site, located under 20 kms distance from the wetland. https://indianexpress.com/article/india/dhanauri-wetland-ramsar-site-ngt-up-govt-9587636/ (26 Sept. 2024)
NGT seeks response on delay in notification of Dhanauri Wetland The principal bench of the NGT on Jan 23 directed the UP govt to place on record in four weeks the status of notifying the Dhanauri water body as a wetland. It also sought to know why the state’s forest department had sought three months’ time for the issue when it had already decided to declare the site a wetland. It added that since the matter was previously heard before a bench with a different combination, further hearing was not possible. The bench also reminded the UP govt that notifying the wetland was one thing but ensuring that the birds roosting at the water body, including migratory birds, are not disturbed due to the Jewar airport is another task. The Union Environment Ministry had in 2019 sought a proposal to declare it as a Ramsar site. https://indianexpress.com/article/india/dhanauri-wetland-status-jewar-airport-ngt-9793272/ (23 Jan. 2025)
9. Odisha NGT directs removal of all constructions from Tampara lake The NGT has directed for removal of all constructions of permanent nature inside the Tampara lake waters and its conservation area. Tampara is one of the major freshwater lakes in the state. Located near Chatrapur town in Ganjam district the wetland that spreads across over 800 acres lies within the Rushikulya river basin. The NGT’s east zone bench in Kolkata issued the direction after taking note of a supplementary affidavit filed by the Wildlife Society of Orissa (WSO) along with photographs showing concrete structures within Tampara lake and affidavit of collector and district magistrate (Ganjam) on July 16.
The tribunal order said the affidavit of the collector and district magistrate, stated that further construction works have been stopped. It is also stated that the collector and district magistrate, Ganjam had constituted a committee, and its members visited the site on Sept 22, 2023, and the committee members opined that a detailed analysis on conservation/integrated management plan of Tampara Lake for maintaining its water quality and ecology is required. Secretary of WSO Biswajit Mohanty filed the petition on Aug 2, 2023, seeking intervention against the huge construction activities that had already taken place. https://timesofindia.indiatimes.com/city/cuttack/ngt-directs-removal-of-constructions-from-tampara-lake/articleshowprint/111874104.cms (20 July 2024)
10. Jammu & Kashmir NGT notice to officials on wetlands’ condition The tribunal was hearing a matter in which it had taken suo motu cognisance of a news report highlighting the “worsening condition” of wetlands and waterbodies in the UT.
The report stated wetlands and waterbodies in the UT were declining due to both natural and man-made causes, such as rising temperatures, unchecked deposition of millions of tonnes of sediments annually, encroachment and waste discharge. It also claimed pollution in waterbodies, such as Dal, Wular, Anchar and Manasbal lakes and wetlands, including Haigam Rakh in the Jhelum Valley, Hokersar near Srinagar and Shalbug in the central district of Ganderbal. Next hearing on May 22. https://www.tribuneindia.com/news/j-k/ngt-notice-to-officials-on-wetlands-condition-602711 (20 March 2024) Since 2021, the NGT has come down heavily on the govt for its recurring failures – from failing to stop illegal riverbed mining to dumping of solid municipal waste in water bodies. It has also fined construction companies and pinned responsibility on senior bureaucrats of the administration. https://scroll.in/article/1065866/why-kashmirs-activists-are-turning-to-the-national-green-tribunal-to-save-its-forests-and-wetlands (29 March 2024)
Some More Relevant Reports
Tamil Nadu Encroachments on Koladi Lake must go: Madras HC Encroachments found on a water body should be removed even if they belong to the Chola era, Madras high court has said. The first bench comprising Chief Justice K R Sriram and Judge Senthilkumar Ramamoorthy made the observations on Oct 24 when suo motu proceedings it had initiated based on an article in The Times of India on Oct 19, came up for hearing. The article detailed rampant encroachments on the Koladi Lake in Tiruverkadu. The bench appointed former advocate general R Shanmugasundaram the amicus curiae. https://timesofindia.indiatimes.com/city/chennai/madras-high-court-orders-removal-of-historical-lake-encroachments/articleshow/114557262.cms (24 Oct. 2024) The TOI report spoke of illegal construction of 250 houses on Koladi Lake and how encroachers were working overtime to grab the lake by building houses right inside the water spread area. Many of these illegal constructions already managed to get electricity connections. Though the registered size of the lake is 169 acres, it has now shrunk to 112 acres. Its original water holding capacity is 2.7 million cubic metres with a surplus discharge of 164 cusecs. S Sekharan, who has moved the NGT and himself a waterbody restoration activist, said Tangedco and GCC were the main culprits. “They provide EB connections to waterbody encroachers and GCC installs streetlights for them. If these both are there, encroachers then get roads. The administration is supporting encroachers,” he said. https://timesofindia.indiatimes.com/city/chennai/madras-high-court-takes-action-against-illegal-encroachments-on-koladi-lake/articleshow/114381881.cms (19 Oct. 2024)
Ensure upkeep of waterbodies in Ramnad district: HC Madras high court has directed the authorities to ensure that the Vannan Oorani and Peravur Kanmai in Ramanathapuram district are maintained without any pollution. The court was hearing the petition filed by J M Hassanul Bazari seeking a direction to the authorities to prevent discharge of sewage in both the waterbodies. https://timesofindia.indiatimes.com/city/madurai/madras-hc-directs-authorities-to-ensure-upkeep-of-waterbodies-in-ramnad-district/articleshow/108359813.cms (10 March 2024)
Lake must be protected under Wetland Rules, 2017: SWA The State Wetland Authority (SWA) has informed the NGT that the Ooty lake had to be protected under the Wetlands (Conservation and Management) Rules, 2017. The Nilgiris dist administration had earlier contended before the Bench that the lake was ‘man-made’ and could not be considered as a wetland. However, a status report that was recently filed by G. Kiran, Deputy Conservator of Forests (Wetland), State Wetland Authority, as part of a suo motu petition against construction of facilities for development of tourism, has pointed out that the lake with 2.25 ha area — was covered under the National Wetland Inventory and Assessment Report, 2011.
Consequently, it has to be protected under Rule 4 of the 2017 Rules in accordance with a direction of the Supreme Court. According to a report submitted before the Bench by the Tamil Nadu Tourism Development Corp Ltd and the Nilgiris Collector, construction of infrastructure for adventure activities had been carried out without getting a No-Objection Certificate. Mr. Kiran had pointed out in his report that though the constructed structures were of temporary nature, built above the ground level, the basements were of permanent nature, constructed with concrete and cement. https://www.thehindu.com/news/national/tamil-nadu/ooty-lake-must-be-protected-under-wetland-rules-2017-ngt-told/article68393151.ece (11 July 2024)
Odisha NGT lens on wetland rejuvenation The NGT has sought the state govt’s response on a plea seeking directions for rejuvenation and protection of the 63-km-long Asrukhola wetland spread over 29 gram panchayats (GPs) in Cuttack, Kendrapada and Jagatsinghpur districts. The Asrukhola Development Council, claiming to represent 29 GPs, contended that closure of Sukpaika river mouth and strengthening of embankment of the Chitrotpala river in the 1970s prevented natural inflow of water during floods resulting in drying up of certain lower regions of the Asrukhola wetland.
The petitioner expected rejuvenation of 11-km stretch of dead Sukpaika river, known as Kaninai and then connect to Asrukhola wetland for its long-term sustainability as was in the past. The matter has been posted on Aug 21 for further proceedings with a direction to all respondents to file counter affidavits within four weeks. According to the plea, degradation of Asrukhola over the years is posing a threat to the entire stretch of 63 km of the wetland’s eco-system and its potential for human use has been severely diminished. https://timesofindia.indiatimes.com/city/cuttack/ngt-seeks-state-govt-response-on-asrukhola-wetland-rejuvenation-plea/articleshow/111895377.cms (21 July 2024)
NGT seeks SPCB affidavit on ‘degradation’ of Asrukhola wetland NGT has issued notice to SPCB to file an affidavit on the degradation of Asrukhola wetland spread over Cuttack, Kendrapada and Jagatsinghpur districts. NGT’s east zone bench in Kolkata issued the notice on a petition filed by Asrukhola Development Council claiming to represent 29 gram panchayats in the three districts. According to the petition, closure of the mouth of Sukpaika river and strengthening of the embankment of Chitrotpala river in the 1970s had prevented the inflow of water during floods, thereby resulting in drying up of certain lower regions of Asrukhola wetland. The petition sought NGT’s intervention for rejuvenation of the 11-km stretch of the dead Sukpaika river, also known as Kaninai, and then connect it to Asrukhola wetland for its long-term sustainability. The bench fixed Oct 15 for further consideration of the matter along with the SPCB’s affidavit.
The plea sought the tribunal’s direction for rejuvenation and protection of the 63-km stretch of the wetland, which is vital to mitigate the impact of natural disasters like floods in the coastal districts. The bench of Justice B Amit Sthalekar (judicial member) and Arun Kumar Verma (expert member) impleaded SPCB as a party in the case on Aug 21 following submissions by advocate Sankar Prasad Pani representing the petitioner. Pani pointed out that SPCB had already requested the water resources department in 2021 to take necessary action at the earliest to restore the quality of Ashrukhola wetland by reviving its natural flow. https://timesofindia.indiatimes.com/city/cuttack/ngt-seeks-ospcb-affidavit-on-degradation-of-asrukhola-wetland/articleshow/112849765.cms (28 Aug. 2024)
West Bengal NGT pulls up CS for failing to report on Santragachi Jheel pollution The NGT has asked the chief secretary of West Bengal to submit a fresh report on the current status of pollution control in the Santragachi Jheel, rebuking him for failing to provide “proper information” and in effect trashing an earlier state government report that included a plan to build an ecotourism hub around the lake. The fresh order, issued two days before a hearing scheduled on February 5, set a two-week deadline for submission of the report.
Santragachi Jheel in Howrah is a waterbody spread across 32 acres that is nationally known for attracting thousands of migratory birds, including rare varieties, every winter. The tribunal had ordered the setting up of a STP plant to stop contamination of the lake from nearby habitation in 2017. The order was issued in response to a petition filed by environmentalist Subhas Datta. But prolonged inaction over the issue by both state government agencies and the railways has prompted a fresh order from the bench of Justice B. Amit Sthalekar and expert member Arun Kumar Verma. The general manager of Southeast Railway has also been asked to inform in the next hearing, scheduled for March 18, about the status of land that the railways is scheduled to hand over to the state for setting up the STP to address the waterbody’s pollution.
The bench observed that “Chief Secretary has …completely failed in getting proper information from the Departments under him as also from the Railways” regarding the issue that has been dragging since NGT first passed an order in 2017. Status Report dated 03.02.2024 … is taken on record” and added that it “expected the affidavit of the Chief Secretary dated 03.02.2024 to give an updated status report as existing on the filing of the … affidavit”. The bench cited several examples to underline how the February 3 report was dated and directed the chief secretary “to file a fresh affidavit within two weeks…”. https://www.telegraphindia.com/my-kolkata/news/national-green-tribunal-bins-west-bengal-governments-proposal-of-making-santragachi-jheel-in-howrah-an-ecotourism-hub/cid/1999364 (09 Feb. 2024)
Compiled by Bhim Singh Rawat (bhim.sandrp@gmail.com)
SANDRP 