The court established that effective conservation of wetlands requires a dedicated management unit and an integrated management plan, as mandated by the Ramsar Convention and applicable environmental laws.

JUDGMENT :

Nitin Jamdar, C.J.

1. This Public Interest Litigation is filed to highlight the depleting condition of Ashtamudi Lake and for its restoration measures.

2. Ashtamudi Wetland and estuary which flows into the Arabian Sea, a wetland of international importance, is primarily fed by the Kallada River originating in the Western Ghats. Several creeks branch out from the lake toward the coast and nearby islands, with the Munroe Island delta situated at the confluence of the river and the lake. Ashtamudi is an estuarine wetland, covering 6,140 hectares. It is the second-largest wetland in Kerala and the deepest estuary in the State, reaching up to 6.4 metres at the confluence zone. Ashtamudi Wetland is bordered by coconut groves, canals, and settlements under 12 Gram Panchayats and the Kollam Corporation.

3. Ashtamudi Lake was designated as a Ramsar Site on 19 August 2002. The Ramsar Convention, adopted in 1971 by various countries in a conference held at Ramsar in Iran, is an international treaty for the conservation and sustainable use of wetlands. It aims to protect wetlands for their role in biodiversity, flood control, water purification, and livelihood support. Member countries have to identify and designate suitable wetlands as “Wetlands of International Importance” (Ramsar Sites) and maintain their ecological character. The Convention promotes the sustainable use of all wetlands. India joined the Convention on 1 February 1982.

4. The Ramsar Convention lists nine criteria for identifying wetlands of international importance. The Ashtamudi is recognized as a wetland of international importance under the Ramsar Convention based on four specific criteria. First, it is a representative example of a wetland with significant hydrological, biological, and ecological functions within a major coastal system. Second, it supports the endangered species listed in the Red Data Book of Indian Plants. Third, the Ashtamudi hosts rich biodiversity, including 43 species of marsh and mangrove vegetation, 57 bird species (6 migratory and 51 resident), 97 fish species, and several unique copepod species. Fourth, Ashtamudi serves as an important breeding, feeding, and migration ground for fish. Of the 97 fish species recorded, 42 are marine, 3 estuarine, 9 estuarine – riverine, and 15 marine – estuarine. It also supports 21 copepod species vital to the aquatic food chain.

5. Having designated as a Ramsar Site, Ashtamudi falls within the protection of the umbrella legislation for regulating the wetlands in the country that is the Environment (Protection) Act, 1986 (Act of 1986). The Act of 1986 was enacted to provide for protection and improvement of the environment, including the wetlands, and for the matters connected therewith. The National Environment Policy, 2006 recognises the ecosystem services provided by wetlands and emphasizes the need to set up a regulatory mechanism for all wetlands so as to maintain their ecological character. Having found the need to enhance the protection of wetlands as they were under the increasing threat, the Central Government decided to replace the Wetlands (Conservation and Management) Rules, 2010. After publishing the draft Wetlands (Conservation and Management) Rules, 2016, and considering the feedback from States, Union Territories, individuals, and civil society, and the Wetlands (Conservation and Management) Rules, 2017 were notified to ensure more effective management and protection of wetlands across the country.

6. The Wetlands (Conservation and Management) Rules, 2017 (Rules of 2017) contemplate framing an “integrated management plan” as a strategy document for ensuring the wise use of wetlands, including objectives, actions, monitoring, and resources. As we will emphasis later, this document is intended for the State as well as for the specific wetland. A wetland is defined under Rule 2(1)(g) to include natural or artificial water bodies with certain criteria. The Rules of 2017 apply to Ramsar Sites a