ORDER

1. Grievance in this application is against failure of statutory and administrative authorities in the State of Kerala to take remedial action for protecting Ashtamudi Wetland and Vambanad-kol wetland, which are Ramsar sites in Kollam district of Kerala. The said Wetlands have become polluted drains of the city due to dumping of pharmaceutical waste, plastic waste, domestic waste, slaughter-house waste and innumerous other sources. Kollam canal leads to National Water Highway. Ashtamudi wetland and Vembanad wetlands are protected under Ramsar Convention. These wetlands provide habitat for a considerable number of flaura and fauna and migratory birds. The Authorities have been neglecting the situation for decades. Canal passes right through the centre of the city which is less than a kilometer from District Collectorate and other government offices.

2. The matter was considered on 28.02.2022 and considering the seriousness of the situation and violation of Wetland Rules, 2017 and other norms and directions of the Hon(cid:146)ble Supreme Court inter-alia in Paryavaran Suraksha case1 and M.K. Balakrishnan & Ors. v. Union of India & Ors2, the Tribunal directed the Chief Secretary, Kerala to hold a meeting with the concerned Departments and file an action taken report.

3. The matter was then considered on 23.08.2022 in the light of report dated 17.08.2022 filed by the State PCB acknowledging pollution of Ashtamudi Wetland lake by discharge of untreated sewage and other waste. Such pollution was established from analysis report of samples. The report also mentions that pollution was also added by boat breaking and burning of waste. In respect of Vambanad-kol wetland also pollution was acknowledged. Sources of pollution included discharge from house boats for which remedial action had to be taken by the DTPC. Other sources were waste from houses, shops, commercial establishments and industries in 10 Panchayats and 2 Municipalities which are sharing boundary with other 62 Panchayats and 4 Municipalities. The Tribunal directed that as follows:-

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8. From the above, it stands established that serious violation of Water (Prevention and Control of Pollution) Act, 1974 as well as Wetland (Conservation and Management) Rules, 2017 and judgments of the Hon(cid:146)ble Supreme Court inter-alia in Paryavaran Suraksha case3 and M.K. Balakrishnan & Ors. v. Union of India & Ors4 is taking place and remedial action taken is inadequate. Further action needs to be taken in a mission mode with the involvement of authorities at higher

1(2017) 5 SCC 326 2(2017) 7 SCC 805 3(2017) 5 SCC 326 4(2017) 7 SCC 805

level. There is need to set up a Monitoring Committee headed by Additional Chief Secretary, Environment with other members being the Director Tourism, Director Local Bodies, Director Industries, Director, Panchayat, Kerala Coastal Zone Management Authority, State PCB, CPCB, and State Wetland Authority. The State PCB will be the nodal agency for coordination and compliance. The Committee may hold its first meeting within one month and prepare its Monitoring Plan which may include coordination with concerned Departments, raising of necessary funds by recovering Environmental Compensation from the violators and preventing the violations. A restoration plan may be prepared which may take care of cost of restoration and measures to be adopted and also the manner of execution. The monitoring may be conducted at least on fortnightly basis and minutes of the meeting may be placed on the website of the State PCB. The Committee will be at liberty to co-opt any other person and take assistance from any other Expert/Institution. It may undertake visit to the sites and interact with the stake holders.

9. The Additional Chief Secre