IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 5 of 2025 ==========================================================

SUO MOTU Versus STATE OF GUJARAT & ORS.

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Appearance:

MR HAMESH C NAIDU(5335) for the Applicant(s) No. 1 ASSISTANT GOVERNMENT PLEADER for the Opponent(s) No. 1,2 KSHITIJ M AMIN(7572) for the Opponent(s) No. 3 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 12/12/2025

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The present Public Interest Litigation has been registered suo moto on the directions issued by the Hon’ble Apex Court in the judgment and order dated 11.12.2024 in the Writ Petition (s) (Civil) No. (s) 304 of 2018.

2. The issue came for consideration before the Apex Court was with regard to the maintenance of wetlands in India as per the Wetlands (Conservation and Management) Rules, 2017 (for short “the Rules, 2017”). It is noted by the Apex Court in the judgment and order dated 11.12.2024 that as per the guidelines issued in the Rules, 2017, the next step after identification of such wetlands is what is called Ground truthing, which is the term given to the actual inspection of these wetlands by a team constituted by the State for that purpose. It is noted by the Apex Court that this step, has, however, been neglected by almost all the States. As regards the demarcation of the wetlands, all States have done almost nothing at all. It is further observed by the Apex Court that the ground truthing and the demarcation of wetland boundary is a statutory function which has been assigned to the State Wetlands Authorities under the Rules.

3. The direction, has thus, been issued to each of the State/UT Wetland Authorities to complete the ground truthing as well as the demarcation of wetland boundaries of each of the Wetland, identified for their State by Space Application Center Atlas (SAC Atlas), 2021. It is also directed therein that each of the State/UT Wetland Authorities shall complete this work, as expeditiously as possible, but definitely within a period of three months from the date of the order. The Apex Court has also noted that an order dated 03.04.2017 passed in the Writ Petition (C) No. 230 of 2001 wherein directions have been issued regarding protection of Ramsar Convention Sites (of wetlands) to be monitored by each of the concerned High Court. The relevant portion of the order dated 03.04.2017 noted in the order of the Apex Court dated 11.12.2024 is to be extracted hereinunder:-

“We have put it to learned counsel for the petitioner that insofar as the Ramsar Convention sites are concerned, since they are matters of international heritage, it might be more appropriate if the concerned High Courts monitor the management of these sites at least till there is some visible improvement. Learned counsel for the petitioner says that he has no objection to this.

Under the circumstances, we direct the Registry of this Court to make photocopies of the affidavit filed by the Union of India by Dr. A. Duraisamy, Scientist 'F' and Member Secretary, Central Wetland Regulatory Authority and send it to the following High Courts: High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh, Gauhati High Court, Gujarat High Court, Himachal Pradesh High Court, J&K High Court, Kerala High Court, Madhya Pradesh High Court, Manipur High Court, Orissa High Court, Punjab and Haryana High Court, Rajasthan High Court, Madras High Court, Tripura High Court, Allahabad High Court and High Court at Calcutta. The affidavit be sent to the Registrar General of all the aforementioned High Courts within two weeks from today. A copy of all the orders passed by this Court from 10^th September, 2014 till today shall also be sent to the concerned High Courts along with the affid