2017 Supreme(SC) 988
SUPREME COURT OF INDIA
Madan B. Lokur, Prafulla C. Pant, JJ.
M.K. Balakrishnan & Ors. - Petitioners
Versus
Union Of India & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 230 of 2001
Decided On : 08-02-2017
Important Points
Subject
Environmental Law - Conservation and Management of Wetlands
Act Referred
Headnote
Wetlands - Conservation and Management - Wetlands (Conservation and Management) Rules, 2016 - Ramsar Convention, 1971 - Rule 4 of the Wetlands (Conservation and Management) Rules, 2010
Fact of the Case:
The Union of India was directed to notify the Wetlands (Conservation and Management) Rules, 2016 by a specified date due to the prolonged delay in finalizing the rules, and to provide specific details on steps taken to preserve wetlands covered by the Ramsar Convention, 1971.
Finding of the Court:
The Court found that the Union of India had delayed the notification of the Wetlands (Conservation and Management) Rules, 2016 and had not provided specific details on steps taken to preserve wetlands covered by the Ramsar Convention, 1971.
Issues: Delay in notification of rules, preservation of wetlands covered by Ramsar Convention, 1971
Ratio Decidendi: The Court directed the Union of India to notify the rules by a specified date and to provide specific details on steps taken to preserve wetlands covered by the Ramsar Convention, 1971.
Final Decision: The matter was listed for further hearing on 3rd April, 2017.
ORDER
We have, at length, heard learned counsel for the parties including learned counsel for the Union of India.
2. An affidavit dated 7th February, 2017 filed by the Union of India has been shown to us.
3. Annexed to the affidavit is an Office Memorandum issued on 6th January, 2017 with reference to the Draft Wetlands (Conservation and Management) Rules, 2016. The Draft Rules were made available to the public for inviting objections/suggestions some time in March, 2016. As many as 175 comments were received. For the examination of these comments, a Committee has been constituted. The Committee was given 45 days to look into the suggestions and submit its report to the Union of India.
4. We are told orally by learned counsel appearing for the Union of India that perhaps the term of the Committee may need to be extended. This is stated by him on the basis of information received pursuant to a meeting held yesterday, i.e., 7th February, 2017 by the said Committee.
5. Be that as it may, for the reasons given below, we are compelled to direct that the Wetlands (Conservation and Management) Rules, 2016 should be notified on or before 30th June, 2017. We are compelled to issue this direction since the matter has been pending with the Union of India for the last almost a year and there has to be some finality to the publication of the Rules. The comments/suggestions have been given by all stakeholders such as the State Governments including its organisations, individuals and civil society organisations. That being the position, there is obviously a great deal of interest in the Rules being formulated and notified. Under these circumstances, there is no justification why the Union of India should not have taken prompt action and constituted the Committee much earlier for the purposes of finalizing the Rules. Finally, the conservation of wetlands is of immense ecological importance.
6. Learned counsel for the Union of India says that all efforts will be made to ensure compliance with this direction and to ensure that the Rules are notified on or before 30th June, 2017.
7. We are sure that both the Committee as well as the Union of India will take into consideration the comments and suggestions offered by the State Governments and its organisations, individuals and civil society organisations before taking a final decision.
8. With regard to the Central Wetlands Regulatory Authority, we are told that its term is expiring on 14th February, 2017. We have been informed by learned counsel for the Union of India that the Central Wetlands Regulatory Authority will be notified on 13th February, 2017. The Union of India is bound by the statement made by learned counsel for the Union of India, which statement has been made on instructions received by him from an officer of the Ministry of Environment, Forest and Climate Change.
9. In our order dated 31st January, 2017, we had required the Union of India to tell us the steps taken to preserve the 26 wetlands covered by Ramsar Convention, 1971. The affidavit that has now been filed by the Union of India merely gives the disbursal of amount made by the Union of India from time to time. What specific steps have been taken including how the funds made available have been utilized and what is the impact of those steps have not been adverted to. We must have specific details. We direct the Union of India to file an affidavit within four weeks positively giving required specific details.
10. Learned counsel for the petitioners has drawn our attention to an additional affidavit filed by the Union of India on or about 9th September, 2014. The additional affidavit contains an Information Brochure "National Wetland Inventory & Assessment". This Brochure indicates on page 11 thereof that 2,01,503 wetlands have been mapped at 1:50,000 scale. All these wetlands have an area of more than 2.25 hectares. As a first step, the 'Brief Documents' with regard to these 2,01,503 wetlands should be obtained by the Union of India