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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, CJ, BASANT BALAJI
Boris Paul – Appellant
Versus
Union of India, Represented by the Secretary, New Delhi – Respondent
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
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....
The court established the need for a dedicated authority to manage wetland conservation under specific statutes and international conventions.
The right to a clean environment is a fundamental right under Article 21, and local authorities must ensure compliance with environmental laws to prevent pollution and protect biodiversity.
The Rajasthan Lakes (Protection and Development) Authority Act, 2015 mandates state responsibility for lake conservation, requiring proactive measures from authorities to protect these resources.
The main legal point established is the obligation of the State Government to protect and develop lakes as mandated by the Rajasthan Lakes (Protection and Development) Authority Act, 2015.
The court mandated the fixation of Full Tank Level and protective measures for Ramanthapur Pedda Cheruvu, emphasizing compliance with prior orders and timely action by authorities.
The court mandated the urgent formulation of a Master Plan for Sonamarg to address pollution and illegal constructions, emphasizing environmental preservation and stakeholder involvement.
The court emphasized the Public Trust Doctrine, ruling that wetlands must be protected from alienation for private use, reaffirming their importance for public benefit and environmental sustainabilit....
The State must follow due process and cannot arbitrarily demolish legal residential properties without proper notices and adherence to established laws.
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