Court Issues Comprehensive Directions for Identification, Protection, and Management of Wetlands in Response to Environmental Concerns
In a landmark move, the Rajasthan High Court has taken suo motu cognizance of the deteriorating condition of wetlands across the state, as reported in a series of newspaper articles. The Division Bench comprising Dr. Pushpendra Singh Bhati and Rekha Borana, JJ., highlighted the ecological and constitutional significance of these wetlands and issued extensive directives to the authorities for their identification, notification, and conservation.
The judgment underscores the vital environmental functions of wetlands, which include groundwater recharge, biodiversity conservation, and climate resilience, emphasizing that the degradation of these ecosystems poses serious ecological and public health risks. The court noted that the right to a clean and healthy environment is part of the fundamental right to life under Article 21 of the Indian Constitution, thereby imposing a constitutional duty on the state and its citizens to protect the natural environment.
The Wetlands (Conservation and Management) Rules, 2017, framed under the Environment (Protection) Act, 1986, serve as the statutory framework guiding this conservation effort. The judgment calls for the preparation of comprehensive inventories, boundary delineation, and integrated management plans to ensure the long-term ecological sustainability of wetlands.
The court’s order mandates the State Government and relevant authorities to file detailed responses and status reports addressing the issues raised, including the current condition of wetlands, conservation measures in place, and future action plans. The court also directed the immediate prevention of encroachments and pollution affecting these areas.
The Rajasthan State Pollution Control Board and other relevant bodies have been instructed to conduct water quality assessments and environmental evaluations of major wetlands, with a focus on those impacted by pollution and encroachment. The decision reflects the court's recognition of the Public Trust Doctrine, under which the state holds natural resources like wetlands in trust for public benefit.
This proactive judicial intervention aims to foster a coordinated response from state authorities, ensuring that wetland ecosystems are preserved not just for their environmental benefits but also for the welfare of future generations.
Bottom line:-
Environmental Law - Protection, conservation, and sustainable management of wetlands - Court takes suo motu cognizance highlighting the ecological and constitutional significance of wetlands in Rajasthan and issues comprehensive directions to authorities for their identification, notification, and conservation.
Statutory provision(s): Articles 21, 48A, 51A(g) of the Constitution of India; Wetlands (Conservation and Management) Rules, 2017; Environment (Protection) Act, 1986.
Suo Moto v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc id # 2916790
