Fateh Sagar lake is classified as a wetland under Rule 4, necessitating restrictions on activities to protect its ecosystem and manage noise pollution.

ORDER

1. This is an application enforce and execute the order dated 31.07.2023 passed in O.A. No. 102/2022(CZ). The issue raised in this original application was with regard to noise pollution and protection of Fateh Sagar lake in accordance with the wetland rules. This Tribunal vide order dated 31.07.2023 directed the authority is as follows:-

1. “First question up for consideration is “whether Fatehsagar lake is a wetland to which Rule 4 of Wetland Rule 2017, is applicable”. It is not denied by respondents that ‘Fatehsagar lake’ is included in National Wetland Inventory and Assessment project by MoEF&CC whereby it has identified 201503 wetlands Supreme Court in the order dated 08.02.2017 in M.K. Balakrishnan & Ors. Vs. Union of India & Ors., Writ Petition (Civil) No.230 of 2001 has said:

“Accordingly, we direct the application of the principles of Rule 4 of the Wetlands (Conservation and Management) Rules, 2010 to these 2,01,503 wetlands that have been mapped by the Union of India. The Union of India will identify and inventorize all these 2,01,503 wetlands with the assistance of the State Governments and will also communicate our order to the State Governments which will also bind the State Governments to the effect that these identified 2,01,503 wetlands are subject to the principles of Rule 4 of the Wetlands (Conservation and Management) Rules, 2010 .”

2. In view of Supreme Court’s above direction even if ‘Fatehsagar lake’ is not a ‘notified wetland’, it has to be protected by application of Rule 4 of Wetland Rules of 2017. Rule 4 of Wetland Rules 2017 say as under:

“4. Restrictions of activities in wetlands.—

(1) The wetlands shall be conserved and managed in accordance with the principle of ’wise use’ as determined by the Wetlands Authority.

(2) The following activities shall be prohibited within the wetlands, namely,-

(i) conversion for non-wetland uses including encroachment of any kind;

(ii) setting up of any industry and expansion of existing industries;

(iii) manufacture or handling or storage or disposal of construction and demolition waste covered under the Construction and Demolition Waste Management Rules, 2016; hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms Genetically engineered organisms or cells, 1989 or the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008; electronic waste covered under the E-Waste (Management) Rules, 2016;

(iv) solid waste dumping;

(v) discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements;

(vi) any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules; and, (vii) poaching.

Provided that the Central Government may consider proposals from the State Government or Union Territory Administration for omitting any of the activities on the recommendation of the Authority.”

3. The restrictions of activities in wetlands and protection provided in Rule 4 has to be extended to ‘Fatehsagar lake’ and its ‘Zone of Influence’ area. It is the responsibility of Rajasthan State Wetland Authority i.e. respondent 4 to take appropriate action in the matter and do the needful. First question is answered accordingly.

4. The second question is, “whether partially ‘Zone of Influence’ of Fatehsagar lake including lake area falls within the notified area of Eco Sensitive Zone of Sajjangarh of wildlife sanctuary”, and if so “whether prohibition applicable to Eco Sensitive Zones have to be applied to said area or not.

5. Irrespective of the fact whether Eco Sensitive Zone of Sajjangarh Wildlife Sanctuary covers entire Fatehsagar lake area or its ‘Zone of Influence’, we are satisfied that area falls within notified area of Eco Sensitive Zone shall attract res