Kerala High Court: In a Public Interest Litigation (‘PIL’) concerning the Ashtamudi wetland, which was notified as a Ramsar site in the year 2002, the Petitioner highlighted the depletion and deterioration of the wetland caused by various factors such as pollution from drainage discharge, encroachments, and other anthropogenic activities the division bench of Nitin Jamdar*, CJ and Basant Balaji, J. directed the constitution of the Ashtamudi Local Wetland Authority/Sub-Committee for the protection and conservation of the Ashtamudi wetland to work under the supervision of the State Wetland Authority.
The Court noted that the Ashtamudi wetland, despite its designation as a Ramsar site, had been subjected to significant environmental degradation due to unchecked pollution, sewage discharge, solid waste dumping, and rampant encroachments. It observed that the discharge of biomedical and domestic waste into the lake had caused substantial ecological harm, including the destruction of mangrove forests.
The Court further noted that although the Wetlands (Conservation and Management) Rules, 2017, and the Ramsar Convention emphasised the importance of an integrated and site-specific management plan, the implementation on ground remained inadequate. The State Wetland Authority, while entrusted with supervisory responsibilities, had not ensured effective action in this regard.
Given the magnitude and complexity of the issues concerning Ashtamudi, the Court found it necessary to recommend the constitution of a dedicated authority or committee under the oversight of the State Wetland Authority. This body would consist of representatives from relevant departments and domain experts, with the specific mandate to prepare, implement, and monitor a management plan focused solely on the Ashtamudi wetland.
The Court stated that, before proceeding further, certain factual information arising from the statutory provisions needed to be placed on record by the State and the State Wetland Authority. It noted that the notification constituting the State Wetland Authority, dated 28-12-2017, included ex officio members and required the nomination of experts in the fields of wetland ecology, hydrology, fisheries, landscape planning, socio-economics, and two members from the field of wetland management.
The Court directed the State to clarify whether such nominations had been made and whether the State Wetland Authority was fully functional with all ex officio and nominated members. It further sought to know whether an integrated management plan had been prepared for the Ashtamudi wetland, as mandated under the Wetlands (Conservation and Management) Rules, 2017, and the guidelines of the Ramsar Convention. If such a plan existed, a copy was to be placed on record. Additionally, the Court inquired whether the integrated management plan, if any, had been prepared by the technical committee in accordance with the 2017 Rules.
The Court, considering the necessity of a dedicated agency for the implementation of the management plan for the Ashtamudi lake, proposed the constitution of an Ashtamudi Local Wetland Authority/Sub-Committee for the protection and conservation of the wetland. This body was to function under the supervision of the State Wetland Authority.
The Court directed that members of the Ashtamudi Committee be drawn from relevant departments, similar to those mentioned in the notification dated 28-12-2017, including the Departments of Environment, Forests, Urban Development, Rural Development, Water Resources, Fisheries, Irrigation and Flood Control, Tourism, and Revenue. The District Collector was to act as the Chairperson of the Committee.
The proposed Committee was to include representatives such as:
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Secretary of the Municipal Corporation, Kollam
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Joint Director, Local Self Government Department
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Executive Engineer, Irrigation Department, Kollam
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Deputy Director, Department of Fisheries, Kollam
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Executive Engineer, Inland Navigation Division, Kollam
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Deputy Director, District Tourism, Kollam
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Environmental Engineer, Kerala State Pollution Control Board, Kollam
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Member Secretary, State Biodiversity Board
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Director, Kerala State Remote Sensing andEnvironment Centre
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Chief Conservator of Forests, Southern Circle, Kollam
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One expert from the State Wetland Authority
The Principal Secretary, Environment Department, was directed to finalize the composition of the Committee and to nominate one expert each in wetland ecology, hydrology, fisheries, landscape planning, and socio-economics, along with two experts in wetland management, preferably with experience related to Ashtamudi.
The Principal Secretary was also directed to include in the affidavit to be filed:
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The procedure for the functioning of the Committee
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The reporting mechanism to the State Wetland Authority
Further, the State Wetland Authority Kerala was suo motu impleaded as additional respondent 23, represented by its Member Secretary.
The matter was posted for further hearing on 1-07-2025.
[Adv. Boris Paul v. Union of India, WP(C) No. 18400 of 2024(S), decided on 10-06-2025]
*Order by: Chief Justice Nitin Jamdar
Advocates who appeared in this case:
For Petitioner: M/S. AJMAL A., DHANUSH C.A., PRIYANKA SHARMA M.R. and ANANYA M.G.
For Respondents: CENTRAL GOVERNMENT COUNSEL , TEKCHAND, SENIOR GOVERNENT PLEADER, SRI.T.NAVEEN, STANDING COUNSEL and ABHISHEK V.S., ADVOCATE, S.SREEKUMAR (KOLLAM), STANDING COUNSEL, M.R SASITH, STANDING COUNSEL and HASNA JABIT, SIJU KAMALASANAN, STANDING COUNSEL ,VINOY VARGHESE KALLUMMOOTTIL, M/S. K.V ANIL KUMAR andRADHIKA S. ANIL,MANOJ RAMASWAMY, STANDING COUNSEL and JOLIMA GEORGE, BIJITH S.KHAN, STANDING COUNSEL and AMEER SALIM, . V.PREMCHAND