{"id":351034,"date":"2025-06-19T17:30:36","date_gmt":"2025-06-19T12:00:36","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=351034"},"modified":"2025-06-25T09:50:09","modified_gmt":"2025-06-25T04:20:09","slug":"kerala-high-court-ashtamudi-wetland-authority","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/06\/19\/kerala-high-court-ashtamudi-wetland-authority\/","title":{"rendered":"Kerala High Court directs constitution of Ashtamudi Local Wetland Authority for protection and conservation of Ashtamudi Wetland"},"content":{"rendered":"
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Kerala High Court:<\/span> In a Public Interest Litigation (\u2018PIL\u2019) 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*<\/span>, 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.<\/p>\n

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.<\/p>\n

The Court further noted that although the Wetlands (Conservation and Management) Rules, 2017<\/a>, 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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<\/a>, 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

The proposed Committee was to include representatives such as:<\/p>\n