'Condition Of Ashtamudi Land Is A Matter Of Concern': Kerala HC Proposes Constitution Of Ashtamudi Local Wetland Authority

The Kerala High Court has directed to constitute Ashtamudi Local Wetland Authority/ sub- committee for the protection and conservation of Ashtamudi wetland.

The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji has made this orders in a petition filed by Advocate Boris Paul pointing towards the waste dumping and illegal encroachments in Ashtamudi lake. Ashtamudi Lake in Kollam district is Kerala's second-largest wetland ecosystem. It is designated as a wetland of international relevance under the Ramsar Convention on Wetlands.

The petitioner had informed the Court that there was indiscriminate discharge of solid and sewage waste into the area from residential and commercial establishments. It was further submitted that the sewage and biomedical waste are flowing into the lake and the encroachments have led to the destruction of mangrove forests. Further, in 2023 National Green Tribunal had imposed a penalty of Rs. 10 Crores on the Government for failing to protect Ashtamudi lake and others.

The State Government initially opposed the constitution of a specific authority to manage the Ashtamudi area saying that a Wetland Authority is already established under the Wetlands (Conservation and Management) Rules, 2017. However, the Court observed that both the Ramsar Convention and the 2017 Rules emphasise on site specific management plan and focused attention on particular wetlands. The Ramsar Convention also speaks about designating an authority to implement the management planning process. The Court was of the opinion that such an authority is particularly important in a large wetland like Ashtamudi. The Court said that it was appropriate to appoint a specific authority in Ashtamudi for the implementation of the management plan.

The Ashtamudi committee would function under the supervision of the State Wetland Authortiy. The Court has put the Collector in charge of the new Committee and has directed to include various members from specific departments and experts in the field of wetland ecology, hydrology, fisheries, landscape planning and socio-economics and wetland management.

Meanwhile, the Court has asked the State to submit whether the State Wetland Authority is fully functional and whether there is an integrated management plan has been prepared for Ashtamudi wetland.

The matter is next posted to 1^st July.

The plea has been moved by Advocates Ajmal A Karunagappally, Dhanush C A, Priyanka Sharma M R, Ananya M G

Case Title: Advocate Boris Paul v Union of India and Others

Case Number: WP(C) 18400/2024

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