National Green Tribunal
M/S. Sambhar Salt Ltd vs Ministry Of Environment Forest And ... on 9 November, 2023
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH AT BHOPAL (MADHYA PRADESH)
(Through Video Conferencing)
ORIGINAL APPLICATION NO. 94/2022(CZ)
IN THE MATTER OF:
M/S. SAMBHAR SALT LTD.
Through Sr. Manager (Legal)
G-229, Sitapur Industrial Area,
Jaipur-302022
...Applicant(s)
Versus
1. UNION OF INDIA
Through Secretary,
Ministry of Environment, Forest & Climate Change
Indira Paryavaran Bhawan, Jorbagh Road,
New Delhi-110003
2. CENTRAL GROUND WATER BOARD
Through its Chairman,
Bhujal Bhawan, NH-IV, Haryana- 121001
Faridabad
3. STATE OF RAJASTHAN
Through Chief Secretary,
Government of Rajasthan,
Secretariat, Jaipur-05
4. PRINCIPAL SECRETARY
Department of Revenue,
Government of Rajasthan,
Secretariat, Jaipur-05
5. MEMBER SECRETARY
Rajasthan State Pollution Control Board,
4 Jhalana Institutional Area,
Jhalana Doongri, Jaipur-302004
6. GENERAL MANAGER
North Western Railway Head Quarters,
Jagatpura, Jaipur-302017
1
7. STATE WETLAND AUTHORITY
Through Secretary,
Department of Environment, Forest & Climate Change
Government of Rajasthan,
Secretariat, Jaipur-05
8. MANAGING DIRECTOR
Ajmer Vidyut Vitran Nigam Limited,
Makarwali Road, Panchsheel Nagar,
Ajmer, Rajasthan-305004
9. DISTRICT COLLECTOR, NAGAUR
Office of the Collector,
Nagaur (Rajasthan)-341001
10. DISTRICT COLLECTOR, AJMER
Office of the Collector,
Ajmer (Rajasthan)-305001
11. DISTRICT COLLECTOR, JAIPUR
Office of the Collector,
Collectorate,
Jaipur (Rajasthan)-302006
...Respondent(s)
COUNSELS FOR APPLICANT(S):
Mr. M. S. Kachhawa, Advocate
Commodore Kamlesh Kumar (Retd.) CMD, Sambhar Salt Limited
COUNSELS FOR RESPONDENT(S):
Mr. Dharamvir Sharma, Advocate for MoEF&CC
Mr. Om Shankar Shrivastava, Advocate for R-6
Mr. Gopal Singh Bareth, Advocate for R-8 (AVVNN)
Mr. Gigi C. George, Advocate for R-2 (CGWA)
Mr. Yadvendra Yadav, Advocate for CPCB
Mr. Nishant Kesharwani, Advocate for Mr. Shoeb H Khan, Advocate for
R-3, 4 and 9
Mr. Rohit Sharma, Advocate for R-5
CORAM:
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Reserved on: August 02, 2023
Pronounced on: November 09, 2023
2
SYNOPSIS
Documents Para No. Page No.
Facts in brief 1-13 3-13
Tribunal's Order dated 07.12.2022 14-17 13-14
Joint Committee's Report dated 03.02.2023 pursuant to 18-19 15-32
Tribunal's Order dated 07.12.2022
Objections dated 09.01.2023 filed by North Western 20 32
Railway (respondent 6):
Reply dated 09.01.2023 filed by MDAVVNL (respondent 21-22 33-34
8)
Reply dated 10.02.2023 filed by RSPCB 23 34
Additional Documents dated 11.02.2023 filed by 24 34
respondent 6
Tribunal's Order dated 21.02.2023 25 34
Counter Affidavit dated 20.03.2023 filed by MoEF&CC 26-27 34-37
(respondent 1)
Additional Affidavit dated 04.04.2023 filed by applicant 28 37
Reply dated 20.03.2023 filed by respondent 3 (State of 29-39 37-45
Rajasthan through Chief Secretary), 4 (Principal
Secretary of Revenue, State of Rajasthan) and 9 (District
Collector, Ajmer)
Supplementary Report submitted pursuant to Tribunal's 40 45-46
order dated 07.12.2022
I.A. No. 57/2023 filed by applicant 41-43 46-50
Arguments 44-47 50-52
Formulation of Issues 48-49 53
Discussion on Merits 50 53
Statutes Applicable in India for Managing Wetlands 93-122 82-105
Core Zone and Buffer Zone explained 123-130 105-107
Environment and Sustainable Development 131-163 107-117
Importance of Water/Water Bodies/Wetlands 164-178 117-124
Present Problem and Solution 179-187 125-128
Operative Part 188-190 128-131
JUDGMENT
BY HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. This Original Application (hereinafter referred to as 'OA') under Sections 14, 15 and 18 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') has been filed by M/s. Sambhar Salt Limited, a company registered vide Certificate of incorporation dated 30.09.1964 issued by Registrar of Companies, Rajasthan, Jaipur. It is a subsidiary of M/s. Hindustan Salts Limited which was incorporated on 12.04.1958 by Registrar of Companies, Rajasthan, Jaipur as a company fully owned by Government of India to take over salt sources at Sambhar, 3 Didwana, and Kharaghoda, earlier managed by Salt Department, Government of India. It is stated by applicant that share-holding of applicant's company is 60% of Government of India through Hindustan Salts Limited and 40% by Government of Rajasthan.
2. Applicant claims that ownership of Sambhar Lake which has an area of about 90 square miles (23309 hectares), spread over three districts of Rajasthan i.e., Jaipur, Ajmer and Nagaur, was handed over to M/s. Hindustan Salts Limited vide Government of India, Ministry of Commerce and Industry's letter dated 13.01.1959. In 1987, Boundary Survey was carried out by Revenue Department, Government of Rajasthan wherein area of Sambhar Lake was mentioned as 233.10 km2 (90 square miles). However, about 6620 bigha land in khasra no. 302, 996, 622 and 292 was excluded from the area leased to applicant and the said area was shown as revenue land of Rajasthan Government.
3. Forest Department, Government of Rajasthan submitted initial proposal for declaration of Sambhar land as 'Ramsar site' vide letter dated 03.06.1989. It is said that 'Sambhar Lake' situated in 'the then Jodhpur Rajasthan' covering about 24000 hectares was suitable area of inclusion in the list of wetlands of International importance. The characteristic description of 'Sambhar Lake' was mentioned in the said letter as under:
"Location: 27(N) 75° (E). Situated in the district of Jodhpur, Rajasthan.
Area: 24,000 ha.
Degree of protection: Wetland has been identified as one of the sites for conservation under Wetland Programme and a detailed management plan for its conservation is being prepared.
Site description: It is a shallow wetland, the depth of which ranges between 0.5 m and 2.0 metres. Four main streams feed the lake from a drainage area of about 2,688 sq. kms. The vegetation present in the catchment area is mostly xerophytic type.
Criteria for inclusion:4
International and national importance: Sambhar Lake is famous for harbouring flamingoes in large numbers, next only to Rann of Kutch in the country. The waders congergate here in appreciable numbers besides migratory ducks especially pochards, coots and other aquatic birds. The terrestrial fauna confined to the catchment area includes rare/threatened species like Uromastix, saw-scaled viper, desert cat and desert for etc. Changes in ecological character: Siltation, soil saliniation and discharge of sewage from town are some of the major problems confronting the wetland.
Management practices: For the management of wetland ecosystem, a scheme is being prepared by the State Government which would be funded by the Central Government and other concerned agencies.
Principal reference material: Published and unpublished records in the universities of Jodhpur, Jaipur and Udaipur and State Government departments."
4. Ministry of Environment and Forest (hereinafter referred to as 'MoEF') vide letter dated 23.03.1990 designated 'Sambhar Lake' in the list of wetlands of international importance under Ramsar Convention.
5. Sub-Divisional Officer, Parbatsar vide letter dated 18.06.1990 accepted that 6620 bigha land of 'Sambhar Lake' is in possession of applicant but Sambhar Lake was unilaterally allotted to some individuals where against applicant industry raised objections. It was decided by Government to carry out joint survey of lake area for demarcation of the boundary of Sambhar Lake. The survey was undertaken by Settlement Department, Government of Rajasthan but it could not conduct survey of land admeasuring 6620 bighas since it was recorded in Revenue records as Government land.
6. Further at Nawa, about 730 bigha land was allotted by Revenue Department, Government of Rajasthan to some Jagirdars and some part of such allotted land was sold by the allottee Jagirdars to private parties. 5 This resulted in illegal entry of private parties for salt extraction, theft of brine and encroachment on the land of Sambhar Lake. It disturbed the entire ecology and degraded environment in the lake area. Private salt producers installed illegally borewells in Sambhar Lake siphoning away the lake brine by laying pipelines and electric cables. Despite several complaints by applicant, nothing further proceeded and no action was taken by the concerned authorities. District Collector, Nagaur vide letter dated 03.10.2002 directed Sub-Divisional Officer and Tehsildar, Nawa not to allot any land in Sambhar Lake area but ignoring the same, the allotment continued illegally to third parties. Similar letter was issued by Revenue Department, Government of Rajasthan on 27.12.2002, remained unheeded and un-complied.
7. Government of Rajasthan by letter dated 10.03.2010 constituted a single member committee of Vinod Kapoor, retired IAS to submit report regarding encroachment by private salt manufacturer of Sambhar Lake land which was in possession of applicant. The single member Committee recommended demarcation of boundary of Sambhar Lake so that correct position in respect of unauthorised occupants can be established.
8. Applicant's company paid Rs. 14.09 lakhs in the year 2013 to Revenue Department, Government of Rajasthan for carrying out demarcation work of Sambhar Lake area but nothing was done. With the increased entry of private parties in Sambhar Lake area, the installation of illegal borewells has already increased and they are stealing lake brine in huge quantity causing damage to environment.
9. 'Lake brine' is a major raw material for producing salt. It is saline water of Sambhar Lake which is taken away for manufacturing salt. For running borewells, electric cables and open wires work have been spread 6 over the entire lake area running several kilometers on land which may result in major accidents at any point of time. The situation is very alarming but the local private salt producers are fearlessly using water boring machines, JCBs, putting submersible pumps etc. for stealing lake brine through pipelines almost from the mid of the lake within the boundaries of applicant irrespective of the fact that applicant's company is the only authorized entity to use lake brine for production of salt and is struggling to produce 2 lakh MT per annum while local producers in the area are producing almost 30 lakh MT per annum by using lake brine through illegal means from mid of the lake within the boundaries of applicant's company.
10. Applicant was making salt in a reasonable manner maintaining water table throughout ensuring eco-system. It is not causing any inconvenience or damage to birds. However, illegal encroachments in the lake area are causing wells of Sambhar Lake to be dried up. Indian railway had also occupied certain land for laying/expansion of railway lines without consent of applicant. Any such expansion or laying of new railway lines will affect eco-system of the lake and also adversely affect the wetland.
11. In the grounds taken by applicant, reference has been made to Tribunal's order dated 20.09.2017 (annexure-A/11 at page 111) passed in OA 54/2015(CZ), Babulal Jajoo vs. President & State of Rajashtan & 3 Others connected with OA 72/2016(CZ), Ajay Dubey (Wetland Authority) vs. State of Rajasthan & 3 Others and OA 92/2016(CZ), Villagers of Village Sinodiya & 3 Others vs. Union of India & Others wherein Tribunal found a gross mismanagement and neglect on the part of MoEF as well as State of Rajasthan in the management of Ramsar Site wetland i.e., Sambhar Lake. Tribunal found that a large number of 7 borewells were running with electricity being supplied through more than 800 transformers installed around Sambhar Lake particularly in the area of Nawa and Roopnagar. Directions were issued to dismantle/disconnect those transformers and in the order dated 20.09.2017, Tribunal observed that out of 848 transformers, only 24 could be removed. Managing Director, Ajmer Vidyut Vitaran Nigam Limited (hereinafter referred to as 'MDAVVNL') sought a further 3 months' time for removal of all the transformers. Tribunal directed it i.e., MDAVVNL to disconnect all connections within two weeks and complete work of removal of transformers by end of November 2017. It also directed that Wildlife authorities may be consulted while transformers are removed so that in the vulnerable areas, the migrated birds and flamingos may not be adversely affected. Further observations made by Tribunal in the order dated 20.09.2017 read as under:
"The Joint Director from the Wetland Division of the MoEF is present. He has submitted that the initial proposal for declaration of Sambhar Lake as Ramsar Site was received from the Forest Department, Govt. of Rajasthan vide letter No. F.11(56) Forest/85 dtd. 03.06.1989 as the Sambhar Lake which has situated in the then Jodhpur Rajasthan covering about 24,000 hectares was said to be suitable area for inclusion in the list of wetlands of International importance as the Sambhar Lake is famous for harbouring flamingos in large numbers, next only to Rann of Kutch in the country. It was further stated that the waders congregate here in appreciable numbers besides migratory ducks especially pochards, coots and other aquatic birds and other terrestrial fauna confined to the catchment other includes rare/threatened species like Uromastix, Saw-scaled viper, desert cat and desert fox etc. It has also been stated in the proposal that siltation, soil salination and discharge of sewage from town are some of the major problems confronting the wetland and for the management of Ecosystem scheme is being prepared by the State Government which would be funded by the Central Government and other concerned agencies.
On receipt of the proposal Sambhar Lake was notified as Ramsar Site in the year 1990. The officer present has submitted that as per the requirement of the Ramsar Sites the States are required to send reports about the site once in every six years to the MoEF, Govt. of India. However, no such reports have been received from the State of Rajasthan since 1990 till date. It is a matter of grave concern that after notification of Sambhar Lake as Ramsar Site in 8 1990 neither the MoEF, Govt. of India nor the State of Rajasthan care to know the status of Sambhar Lake as no reports were ever prepared. The Sambhar Lake which was said to be the wetland of international importance was completely neglected as a result the Sambhar Lake is now almost dead because of large scale unauthorised salt manufacture in and around Sambhar Lake. In fact the Ramsar Site report for Sambhar Lake is required to contain following:
1. Uses and Threats :
Current land use:
Within the sites surroundings / catchment:
Grazing ( unspecified) Within the Ramsar site:
Salt production Threats:
Within the site's surrounding / catchment: Overgrazing by domestic livestock Desertification from agricultural activities Within the Ramsar site:
Sedimentation / siltation Domestic sewage pollution Land tenure / ownership:
Sites surroundings:
Within the Ramsar site:
Provincial / region / State Ecological changes:
Significant negative changes occurring since designation
2. Physical data:
Salinity:
Euhaline / Eusaline Permanence:
Usually seasonal / intermittent
3. Information on conservational issues :
Management plan status:
Site specific plan in preparation, for part (s) of site (P) Information on conservational designation: No other international designation besides Ramsar National Conservation Designation:
None 9 Ramsar Criteria:
No information available
4. Ecological Data :
Wetland category:
Human made wetlands Inland wetlands Wetland type (dominant type in bold) Salt exploitation sites : salt pans , salines , etc. (5) Seasonal / intermittent fresh water marshes / pools on inorganic soil :
includes sloughs, pothols seasonally flooded meadows, sedge marshes (Ts) Seasonal/intermittent saline/brackish/alkaline lakes and flats (R) Permanent Saline/brackish/alkaline lakes(Q) Seasonal/intermittent/irregular rivers/streams/creeks (N)
5. Biological values :
Fauna Type Water bird wintering/non-breeding/dry season area Supports rare/endangered species.
It would be seen that all above information is important to regularly monitor the status of the Ramsar Site. In fact the current situation is such that the State Government authorities do not even know the exact extent of the Lake and there is no demarcation of the boundary of the site on the ground.
We would therefore, direct the MoEF to send the concerned officers from the National Wetland Authority and other experts including those from National Wildlife Board to the Sambhar Lake to assess the current status of Sambhar Lake. This visit shall be done within next two weeks and report be submitted to this Tribunal before the next date of hearing.
The State of Rajasthan has also been guilty of completely neglecting the Sambhar Lake. It is surprising that despite the fact that the Sambhar Lake is rich in Flamingoes, migratory and other residential birds and other rare and threatened species Sambhar Lake the was not declared as Bird Sanctuary or National Park. In fact the responsibility of looking after Sambhar Lake has not even been assigned to the Forest and Wildlife Department and it was rather left to be taken care of by the Revenue Authorities. In fact no specific responsibility has been assigned to any agency for the protection and management of Sambhar Lake for the last 25 years as the Rajasthan Lake Development Authority came into being only in 2015 who has been assigned responsibility for protection, preservation and management of all the Water bodies and Wetlands in the State. The Officer from the MoEF stated that Ministry has been funding schemes prepared for management of 10 Sambhar Lake eco-system and the fund was being regularly sent to the Environment Department of the State. However, there is no sign of any activity in the area. We direct the State of Rajasthan to submit the details of the funds received year-wise from the MoEF for the management of Sambhar Lake and the details of the year wise expenditure incurred till date.
The Joint Director of the MoEF has placed the Remote Sensing Data of Sambhar Lake for our perusal. This includes Wetland map of Sambhar Lake and salient observations of the lake from supplied data which are as below:
Table 45: Salient observations of Sambhar Lake from Satellite Data Name Sambhar Lake Location 26º51'56" to 27º03'19" N Latitude 27º53'30" to 75º14'14"
E Longitude
Wetland Type Lake/Pond
Wetland Area: 24294 ha
Perimeter 229 km
Open-water
Post-monsoon : 17866 ha
Pre-monsoon : 16601 ha
Vegetation
Post-monsoon : NIL
Pre-monsoon : NIL
Overall Turbidity : High
They have also placed plan showing stream and branches flowing in salt lake which was enclosed along with the original proposal dtd. 03.06.1989 sent to the MoEF.
We direct that copies of this data and the map be submitted to the officials of the Local Self Department, Govt. of Rajasthan and Rajasthan Lake Development Authority to compare the same along with the current revenue map of the Sambhar Lake so as to find out the exact extent of the Sambhar Lake."
12. Applicant has also relied on various orders passed in OA 1020/2019, In Re: News item Published in "Hindustan Times"
Authored by Rakesh Goswami Sambhar's ecology among worst:
Report. Therein various orders were passed on 17.03.2020, 27.08.2020 and 18.03.2021. Latest order dated 18.03.2021 was passed noticing the status of progress submitted by Government of Rajasthan through its report dated 21.01.2021 and relevant extract of order dated 18.03.2021 as contained in para 4 and 5, reads as under:11
"4. Accordingly further report has been filed by the Government of Rajasthan on 21.01.2021 giving the status of progress as follows:-
"1. Preparation of a Comprehensive Environment Management Plan: A Comprehensive Environment Management Plan for Sambhar Lake has been prepared by the Environment Department. The plan has been approved by the Standing Committee for Management of Sambhar Lake constituted under Chairmanship of the Chief Secretary, Rajasthan during meeting held on 06.08.2020 and State Wetland Authority in its meeting dated 15.09.2020. A copy is given at Annex.1
2. Delineation of Core and Buffer Area or Sambhar Lake Wetland Area: A digital revenue map is being prepared by the Environment Department in in consultation with Sambhar Salts Limited and Land Settlement Department with help of Satellite imagaries. Delineation of Core and Buffer area would be done and a detailed map would be submitted with details of Core & Buffer areas on map.
3. Collection of Water Samples: Rajasthan State Pollution Control Board has collected the water samples from the Lake bed area pre and post monsoon this year. 13 Sampling location a have been identified in the lake and surrounding area by RSPCB. Samples for the pre and post monsoon season have been collected.
4. Disposal of Sodium sulphate waste /sludge generated from Salt Refining Units: The areas of Sludge and Sodium sulphate waste disposal in the Lake area generated from Salt Refining Units have been identified. These refining units have been directed and cautioned not to dispose waste in the lake bed area by the District Collector's. A landfill site will be identified shortly by the Revenue Department for this purpose near the lake area.
Sewage Disposal: SDM, Sambhar Lake has informed that no sewage disposal is being done in the lake area in Panchayat Samiti Sambhar in village Kajipura, Korsina and Habaspura Engineer, Nagar Palika, Sambhar Lake has informed that waste disposal is being done inland which is far from the Sambahr Lake Area. RSPCB has written to Executive Engineer, Nagar Palika, Sambhar Lake As informed by LSG Department, Sewage Treatment Plan for the area is under process. Sambhar lake Municipality has already been declared ODF (Open Defecation Free) 12 under Swachh Bharat Mission (Urban). All household & Community/ Public Toilets (CT/PT) in Sambhar Lake has connected with twin pits and septic tanks; For treatment of fecal sludge of twin pit/septic tank of all toilets, a Common FSTP (20 KLD capacity) for Sambhar Lake and Phulera FSTP is under trial run and to be handed over by RUIDP to ULB. Fecal sludge from pits and Septic tanks is being collected by sewer suction machine and disposed at FSTP for the treatment. Therefore, after running of FSTP sewage water is not being discharged in Sambhar Lake from Municipal Area.
5. Removal of Encroachment: Narangpura, Tyod and Village Panchayat Bardoti, of Panchayat Samiti Dudu. Executive District Collector Nagaur regularly removing encroachments in the Sambhar lake area. There are no encroachments at present in Jaipur and Ajmer Districts."
5. In view of above, further remedial action may be taken in the matter. The plan approved by the Standing Committee for Management of Sambhar Lake, constituted under Chairmanship of the Chief Secretary, Rajasthan during meeting held on 06.08.2020 and State Wetland Authority in its meeting dated 15.09.2020, be sent to the National Wetland Authority for approval, in view of the fact that the lake in question is a Ramsar site of National significance. The National Wetland Authority may finalize the matter within one month from the date of receipt of the plan. Based on decision of the National Wetland Authority, the State Authorities may take further action. However, planned activities may be continued, pending and subject to approval of the National Wetland Authority.
The application is disposed of.
A copy of this order be forwarded to the National Wetland Authority, State Wetland Authority, Chief Secretary, Rajasthan and Rajasthan State PCB by e-mail for compliance."
13. OA 1020/2019 (supra) was finally disposed of vide order dated 18.03.2021.
Tribunal's Order dated 07.12.2022:
14. Grievance of applicant is that directions issued in the above orders have also not been complied with.13
15. Applicant's grievance was considered by Tribunal in order dated 07.12.2022 and while issuing notices to respondents, giving them time to file their responses, Tribunal also constituted a Joint Committee comprising:
(i) Representative of Director General Forest, MoEF&CC,
(ii) Representative of the Chief Secretary, State of Rajasthan,
(iii) One representative from National Wetland Committee, Govt.
of India, and
(iv) One representative from Central Pollution Control Board.
16. The said Committee was directed to submit a status/progress Report on the following issues:
i. Preparation of a Comprehensive Environment Management Plan.
ii. Delineation of Core and Buffer Area of Sambhar Lake.
iii. Collection of Waste Samples.
iv. Disposal of Sodium sulphate waste/sludge generated from
Salt refining units.
v. Sewage disposal.
vi. Removal of encroachment.
vii. New encroachment, if any.
17. Tribunal also directed joint Committee to demarcate boundary of Sambhar Lake in the light of proposal of declaration of 'Sambhar Lake' as Ramsar Site submitted by Forest Department, State of Rajasthan vide letter dated 03.06.1989 and Govt. of India, MoEF&CC letter dated 23.03.1990. It was also mentioned that applicant has already deposited Rs. 14.09 lakhs for carrying out demarcation of Sambhar Lake.14
Joint Committee's Report dated 03.02.2023 pursuant to Tribunal's Order dated 07.12.2022:
18. Joint Committee Report dated 03.02.2023 has been submitted in Tribunal pursuant to order dated 07.12.2022. Report shows that Committee comprised of Mr. Shrawan Kumar Verma (IFS), Deputy Inspector General of Forests (IRO), MoEF&CC, Jaipur; Prof. Dr. Sanjay Deshmukh, University of Mumbai, Member of National Wetlands Committee; Mr. Piyush Samaria (IAS), District Collector, Nagaur, State of Rajasthan and Mr. Sunil Kumar Meena, Scientist-D, Central Pollution Control Board, Bhopal, visited the site on various dates in the first week of January 2023 and gave factual status on various aspects, mentioned by Tribunal in its order dated 07.12.2022, as under:
"5.0 Factual status on the issues raised in Hon'ble Tribunal order dated 7.12.2022:
1. Preparation of a Comprehensive Environment Management Plan In compliance of Hon'ble NGT order dt. 18.03.2021 in O.A. 1020/2019 in the matter "News item published in Hindustan Times authored by Rakesh Goswami titled Sambhar's Ecology among worst", Department of Environment, Govt of Rajasthan (GoR) has prepared the Comprehensive Management Plan of Sambhar Lake Wetland and after approval of the State Wetland Authority on 15.9.2020, the plan was submitted on 26.03.2021 to Member Secretary, National Wetland Authority (NWA), Govt. of India for the approval. Copy of the Management Plan is enclosed as Annexure-IV.
Further, Wetland division of Ministry of Environment, Forest and Climate Change, GoI vide letter no. F.NO. J-
22012/5/2020-CS(W) dated 28th April 2021 communicated their recommendations on the comprehensive plan. The recommendations were majorly on the harmony between Chapter 4 & 5 of the plan viz. constitution of Sambhar Wetland Authority, Creation of regulatory framework, constitution of Technical and community consultation committee, water allocation plan, socio-economic pressure on the wetland and others. The copy of the letter is enclosed as Annexure-V. 15 It is submitted by Dept of Environment; GoR vide letter dated 19.12.2022 that the comprehensive management plan is being revised as per the recommendations of the NWA and it is NOT YET REVISED & SUBMITTED FOR NWA APPROVAL.
However, a "Sambhar Lake Management Agency" was constituted by Dept of Environment on 18.10.2021 for protection, conservation and integrated management of Sambhar lake.
The Executive Committee so constituted under this agency was entrusted with responsibilities under Para No. 6.1 "Responsibilities of Executive Committee". Under Para 6.1 (f) responsibility to oversee the activities & impose regulations are provided that also state at point no. iii of 6.1 (f) as "to settle land disputes with Sambhar Salts Limited with digitization of map for Sambhar lake boundaries".
Copy of the order is enclosed as Annexure-VI.
2. Delineation of Core and Buffer Area of Sambhar Lake Dept. of Environment, Govt. of Rajasthan vide work order no. F.(6)3/Env/2017 dated 30.03.2021 has engaged State Remote Sensing Application Centre (SRSAC), Jodhpur for "Preparation of Wetland Inventory and Assessment in Rajasthan State". The Scope of the work/conditions majorly includes following:
i. Digitized maps of 100 wetlands ii. Demarcation of maximum & minimum water spread during last 10/20 years (Pre and Post monsoon) iii. Delineation of wetland boundary, submergence area and catchment area of identified wetlands iv. Land use changes and analysis in 3Km buffer area from 2010 v. Identify hindrances and obstacles in inflow and encroachments in the area and other conditions.
Copy of the work order issued to SRSAC, Jodhpur is enclosed as Annexure-VII.
A brief presentation was delivered by SRSAC, Jodhpur to committee members on 12.1.2023 on the outcome of the Sambhar lake assessment. Salient feature of the study are as below:
i. Digital Elevation Model (DEM) was used for preliminary delineation of drainage and then refined using the help of high resolution satellite imagery and SoI toposheets.16
Based on drainage lines, the catchment area was delineated. It came out to be 5666 sq. km for Sambhar Salt Lake catchment.
ii. Sambhar lake catchment area covers 942 villages of Ajmer, Jaipur, Nagaur & Sikar.
iii. The land use land cover (LULC) (considering Rabi & Kharif crop) change statistics buffer area 2011-12 to 2019-20 revealed that build up area increased from 859.68Ha to 1262.01 Ha.
iv. The land use land cover change statistics catchment area 2011-12 to 2019-20 revealed that buildup area increased from 17378.54Ha to 29108.35 Ha.
v. The changes observed in the spatial extent of various LULC classes (2010 vs. 2020) is as tabulated below:
S. LULC Class Area (ha)
No 2010 2020 Increased Decreased Effective
w.r.t. w.r.t. 2010 Change
1 Agriculture 58999.44 59206.35 1000.59
2010 793.68 +206.91
Crop Land
2 Built Up 2331.63 2659.29 339.85 12.19 +327.66
3 Forest 2620.09 2620.09 0.00 0.00 0.00
4 Mining /Quarry 28.42 51.59 51.00 27.83 +23.17
5 Salt Pan 4707.68 5379.01 767.58 96.25 +671.33
6 Transportation 225.60 306.49 80.92 0.03 +80.90
7 Wastelands 14858.48 13483.13 650.23 2025.58 -1375.35
8 Water Body 20460.95 20526.32 579.68 514.31 +65.37
Total Area (Ha) 104232.28 104232.28 3469.8 3469.8 0.00
It is also concluded that:
When analysed for the post-monsoon period, a major portion of the water extent in the Lake has been observed to be decreasing.
A significant amount of conversions from Agricultural Land to Built-up land is observed in the areas near Phulera. The copy of the presentation of SRSAC, Jodhpur is enclosed as Annexure-VIII.
Further, it is submitted by Dept of Env, GoR vide letter dated 24.1.2023 that demarcation of the Sambhar lake shall be done as per the direction of Hon'ble High Court, Jaipur as per the revenue settlement map, status of land-allotment/land 17 conversion & industries report. After the demarcation, the core & buffer area shall be delineated.
The committee vide its 2nd Meeting minutes requested Dept of Environment to furnish the settlement map of Sambhar lake falls in Nagaur, Jaipur & Ajmer district and to coordinate with Survey of India for obtaining the digital map, geo-referencing points to delineate & demarcate the boundary. However, it was submitted by DoE that no response was received from Survey of India on the availability of required maps. Secondly, the settlement maps were also not provided stating that the settlement maps are prepared Khasra (Plot) number-wise and are of large size and required to prepare digital maps. As they are of large size, making their copies is not possible currently.
Copy of the DoE letter dated 24.1.2023 is enclosed as Annexure-IX.
3. Collection of Waste Samples The Sambhar Lake falls under 03 districts i.e. Jaipur, Nagaur & Ajmer. Rajasthan State Pollution Control Board (RSPCB) has its regional offices in all these 03 districts.
Total 13 locations were identified around the Sambhar Lake for water Quality monitoring. Since 2020, six-monthly sampling was being carried out viz. Pre-monsoon (April month) & Post monsoon (October month). Presently, in compliance of the directions of Chief Secretary, Govt of Rajasthan; State Board has started monthly sampling of the identified locations since April 2022. The water quality is assessed for 32 parameters. The details of sampling locations and their geo-coordinates are as tabulated below:
S. Sampling
Site Latitude Longitude
NO. location
1 Sambhar Salts Open well of PS 26.902805 75.178046
Ltd. Unit-8878 plant, Sambhar
Salt, Sambhar,
Jaipur
2 Sambhar Salts Collection tank of 26.902649 75.178571
Ltd. Unit-878 PS plant, Sambhar
Salt, Sambhar,
Jaipur
18
3 Sambhar Lake Water accumulation 26.901273 75.125266
Resort. Unit-3879 near tented
accommodation
Sambhar lake,
Sambhar, Jaipur
4 Sambhar Salts Water Sample from 26.910962 75.120401
Ltd. Unit-3877 Jhapok Guda Dam
near Pump House
Sambhar, Jaipur
5 Sambhar Salts Water Sample from 26.911587 75.120885
Ltd. Unit-3877-1 Jhapok Guda
Reservoir near
Pump House
Sambhar, Jaipur
6 Open well Open well of 26.895312 75.156147
Ramswaroop Ramswaroop
Unit- 3886 Kumawat, Peepla
ki Dhani, Sambhar,
Jaipur
7 Sambhar city low Accumulated Water 26.916844 75.182278
line area Unit- of Sambhar City
3878 area, Near kyar 7-
8, Sambhar, Jaipur
8 Pond of Ratan Water Sample from 26.894254 75.094547
Talab Unit-4478 Pond of Ratan
Talab at forest
rescue Center,
Sambhar, Jaipur
9 Sambhar lake- Water sample from 26.965387 74.946371
Roopangarh surface of lake
10 Sambhar lake Water sample from 26.943442 75.121063
Gudha surface of lake
11 Open well office From outlet of open 26.947881 75.124615
manager Gudha well
12 Opposite SSL Water sample from 27.014847 74.98535
Nawa surface of lake
13 Tubewell near From outlet of tube 27.010618 74.98271
SSL Nawa well
The details of sampling locations & comparatives of analysis reports are enclosed as Annexure-X. The sampling locations map is as below:
Google image omitted The comparative of Pre-monsoon (April) & Post-monsoon (October) concentration of the pollutants observed during year 2022 is as tabulated below:
S. Parameters Concentration observed Pre-monsoon (April 2022) No & Post-monsoon (Oct 2022) 19 Average Minimum Maximum Pre Post Pre Post Pre Post 1 pH 9.12 9.16 8.03 8.38 9.92 10.3 2 Chemical Oxygen 641 224 13 35 1028 906 Demand (COD) mg/l 3 Bio-
Chemical Oxygen 89 24 2 4 161 64 Demand (BOD) mg/l 4 Ammonical Nitrogen as 1.6 18.9 0.1 11.1 4.4 26.8 N (mg/l) 5 Free Ammonia 0.81 3.06 0.01 1.79 2.38 4.33 (mg/l) 6 Phosphate (Total) as P 0.52 15.1 0.04 0.06 1.5 66.0 (mg/l) 7 Total Residual NT NT NT NT NT NT Chlorine as Cl2 (mg/l) 8 Sulphides NT NT NT NT NT NT as S (mg/l) 9 Total Suspended 425 1036 18 33 996 5516 Solids (mg/l) 10 Copper (as 0.05 0.23 0.02 0.04 0.08 0.54 Cu) mg/l 11 Zinc (as Zn) 1.07 0.19 0.44 0.08 3.54 0.31 mg/l 12 Nickel (as 0.04 3.5 0.02 0.31 0.08 5.83 Ni) mg/l 13 Lead (as Pb) NT NT NT NT NT NT mg/l 14 Total Chromium NT NT NT NT NT NT (as Cr) mg/l 15 Iron (as Fe) 0.92 2.33 0.33 0.12 2.25 6.6 mg/l 16 Cadmium 0.02 NT 0.02 NT 0.02 NT (as Cd) mg/l 17 Chloride as 34109 35316 88 1404 72000 173989 Cl mg/l 18 Sulphate as 338.3 7803 44 37.08 668 40417 SO4 mg/l 19 Total 525 366 40 132 1308 1540 Hardness 20 (as CaCO3) mg/l 20 Calcium Hardness 41.6 130.62 24 56 108 276 (as CaCO3) mg/l 21 Magnesium Hardness 483.6 235.38 16 46 1200 1264 (as CaCO3) mg/l 22 Calcium (as 16.64 52.2 9.6 22.4 43.2 110.4 Ca) mg/l 23 Magnesium 118 57.42 3.9 11 292.8 308.42 (as Mg) mg/l 24 Fluoride as 5.01 7.74 0.27 0.42 9.9 39.1 F mg/l 25 Total Dissolved 75549 85958 369 4318 145000 380128 Solids (TDS) mg/l 26 Conductivity at 25° C 116218 111171 567 6480 223000 485000 (µmho/cm2) 27 Total Alkalinity as Calcium 534 4593 32 196 1260 27580 Carbonate mg/l 28 Dissolved Oxygen 2.17 4.21 0.96 2.2 4.42 6.27 mg/l 29 Salinity 87.39 83.7 0.43 2.56 167.5 314.1 gm/kg 30 Total Kjeldahl Nitrogen 6.7 26 2.2 15.7 16.8 36.4 (TKN) as N (mg/l) 31 Total Coliform (MPN 17 23.1 1.8 4.5 110 210 Technique) (/100 ml) 32 Faecal Coliform (MPN 12.1 14.6 1.8 2.0 79 140 Technique) (/100 ml) Note: NT- Non-traceable 21 On assessing the water quality, based on defined Designated- Best-Use criteria (as tabulated below) and looking into the migratory birds; the water body may be designated under Class D "Propagation of wildlife & fisheries". The average water quality inferred that the water having high pH, high salinity, low dissolved oxygen and high concentration of biological oxygen demand.
Water Quality Criteria
Designated-Best-Use Class Criteria
of
water
Drinking Water Source A 1. Total Coliforms Organism without conventional MPN/100ml shall be 50 or less treatment but after 2. pH between 6.5 and 8.5 disinfection 3. Dissolved Oxygen 6mg/l or more
4. Biochemical Oxygen Demand 5 days 20°C 2mg/l or less Outdoor bathing B 1. Total Coliforms Organism (Organized) MPN/100ml shall be 500 or less
2. pH between 6.5 and 8.5
3. Dissolved Oxygen 5mg/l or more
4. Biochemical Oxygen Demand 5 days 20°C 3mg/l or less Drinking water source C 1. Total Coliforms Organism after conventional MPN/100ml shall be 5000 or treatment and less disinfection 2. pH between 6 to 9
3. Dissolved Oxygen 4mg/l or more
4. Biochemical Oxygen Demand 5 days 20°C 3mg/l or less Propagation of Wild life D 1. pH between 6.5 to 8.5 and Fisheries 2. Dissolved Oxygen 4mg/l or more
3. Free Ammonia (as N) 1.2 mg/l or less Irrigation, Industrial E 1. pH between 6.0 to 8.5 Cooling, Controlled 2. Electrical Conductivity at Waste disposal 25°C micro mhos/cm Max.2250
3. Sodium absorption Ratio Max.
26
4. Boron Max. 2mg/l Below- Not Meeting A, B, C, D & E E Criteria 22 To study the waste (settle on bottom of the Kyar) characteristics, committee asked RSPCB to collect few waste (sludge) samples and analyses them for Sodium, Magnesium, Calcium, Potassium, Sulphate & Heavy Metals concentration.
Four nos. of waste (sludge) samples were collected from following locations and sent to RSPCB, Head Office, Jaipur on 6.1.2023 for analysis. The analysis report is still pending.
S. Location Geo-coordinates
No.
1. Bhagwati camfood, near railway 27.028746, 74.990747
siding, Nawa, Nagaur
2. Amarnath Foods Pvt Ltd, Jaipur 27.044827, 75.091844
Road, Govindi village, Nawa,
Nagaur
3. Pragati Salt Pvt Ltd, Jaipur Road, 27.035896, 75.051981 Rajash village, Nawa, Nagaur
4. Sambhar Salt Limited, Nawa City, 27.006600, 74.990663 Nawa, Nagaur
4. Disposal of Sodium Sulphate waste/sludge generated from Salt refining units As reported by Rajasthan State Pollution Control Board, there are 24 salt refineries units are established in Nawa Tehsil of District Nagaur. A survey of these units was carried out by State Board to record & report the practices adopted by these units for the disposal of Sodium Sulphate waste/sludge.
All the 24 refinery units have valid Consent to Operate (CTO) from State Pollution Control Board (SPCB). The total production capacity (as consented) is 5.4Million MT/annum and the consented production capacity of M/s Sambhar Salt Lake at Nawa & Guda unit is 1,96,000MT/annum only. The details of Consent validity is as tabulated below:
S. Name of the unit Validity of
No. Consent
1. Kabir Salt Pvt. Ltd. 8/31/2030
2. Goyal Salt Pvt. Ltd. 1/31/2031
3. Mahaveer Namak Udyog 31-Oct-30
4. Saboo Sodium Chloro Ltd 9/30/2027
5. Pragati Salt (I) Pvt. Ltd. 31.12.2029
6. Adinath Chemfood 5/31/2032
7. Pankaj Iodised Salt Industries 4/30/2032
8. Laxmi Salt Works 31-09-2031
23
9. Bhagwati Chemfood (P) Ltd 2/29/2032
10. Jagannath Chemfood Pvt. Ltd. 12/31/2027
11. Modi Salt Pvt. Ltd. 8/31/2028
12. Shree Namak Udyog 8/31/2028
13. Bharat Salt Company (Refinery) 31-09-2031
14. Arihant Salt Production 31.05.2024
15. Bhagya Laxmi Brinchem Pvt.
2/28/2030
Ltd.
16. Amarnath Foods Pvt. Ltd. 31.10.2031
17. Sambhar Salt Ltd. 30.04.2027
18. Sambhar Salt Ltd. 7/31/2028
19. Shree Radha Krishna
3/31/2028
Commercial Corporation
20. Vibrant Global Salt Pvt. Ltd.
30-04-2032
(Unit- II)
21. Divine Chemfood 31.01.2031
22. Divya Refind Salt Industry 3/31/2028
23. Balaji Chemfood Industries 8/31/2032
24. Unique Foods 31-04-2032
As per the information furnished by the State Board, the waste is being sold to salt vendors & traders; further this is being sold to the brick manufacturer, leather manufacturers, industries, coal mine earthing & digging units. It is also used to increase the salinity of the water and preparing dry base for storing the salt by the refiners.
The details of waste disposal are enclosed as Annexure-XI.
5. Sewage disposal Executive Officer Sambhar & Nawa municipality informed that no sewage disposal is being done in the lake area by Panchayat Samiti Sambar in village Kahjipura, Narangpura, Tyod and village Panchayat Bardoti, Korsina and Habaspura of Panchayat Samiti Dudu. As updated by Dept. of Environment, Sambhar lake municipality has already been declared Open Defecation Free (ODF) under Swachh Bharat Mission (Urban). All household & community/public toilets (CT/PT) in Sambhar lake are connected with twin pits and septic tank; for treatment of fecal sludge of twin pit/septic tank of all toilets, a common Feacal Sludge Treatment Plant of 20KLD for Sambhar Lake & Phulera are established and operational.
Committee on 3.1.2023, asked Executive Officer Sambhar & Nawa to carry out joint survey with RSPCB & M/s Sambhar 24 Salt Ltd officials and submit the current status of sewage drain meeting Sambhar Lake.
The survey team consisting official of RSPCB, M/s Sambhar Salt Lake, Nagar Palika, Nawa carried out the survey on 5.1.2023. Team observed 02 drains going towards lake; the details are as tabulated below:
S. Location Remarks No. 1. Nagar Palika Nala 01, Waste water of
Khakarki road, Nawa City, sewerage Nalla was Nagaur meeting the lake.
Location-
Lat- 27.012780 Long - 74.992576
2. Nagar Palika Nala 02, Near ITI Wastewater was not Center, Khakarki road, Nawa meeting the lake and City, Nagaur was being accumulated in Location- cesspool maintained Lat- 27.011343 by Nagar Palika Nawa.
Long - 74.998303
It was informed that
water meets the lake
during rainy
season by
crossing the opening
provided in railway
lines.
Copy of the survey report is enclosed as Annexure-XII. The analysis report of the wastewater samples collected from above 02 locations is as tabulated below:
Parameters Sampling location
Nagar Palika Nala Nagar Palika Nala
01, Khakarki road, 02, Near ITI
Nawa City, Center, Khakarki
Nagaur road, Nawa City,
Nagaur
pH 6.98 9.96
Total Suspended
84 764
Solids, mg/l
Chemical Oxygen
264 952
Demand, mg/l
25
Biological Oxygen
145 520
Demand, Mg/l
Oil & Grease, mg/l 4 7
Phosphate (Total)
4.1 4.4
as P, mg/l
Feacal Coliform
540 920
(MPN/100ml)
Total Coliform
920 >1600
(MPN/100ml)
The analysis report revealed that the sewer drain effluent is higher in concentration specifically w.r.t. BOD, Fecal & Total Coliform; that suggest that it is a domestic drain. Municipality need to intercept, divert and treat the drain effluents upto the prescribed standards. Copy of the analysis report is enclosed as Annexure-XIII. Further, to assess the status of tubewell installed at refineries established at Nawa, Nagaur, a joint survey was carried out during 4th to 5th January 2023 by RSPCB, Revenue Inspector, Naib Tehsildar, Nawa.
The status of tubewell at refineries is as tabulated below:
Number Status of Status of Action taken
of Salt Borewells Water
refineries flow
meter
Installed Not Installed Not Notice No No action
install installed issued action taken due
ed on taken as to (closed,
9.1.2023 borewell not-
to no. of already installed
refineries seized the
borewells
&
others)
24 20 04 05 19 12 06 06
Copy of the survey report is enclosed as Annexure-XIV. Heavy environmental compensation may be imposed on the units extracting groundwater without permission of Central Ground Water Authority as per the notification of Ministry of Jal Shakti S.O. 3289 (E) dated 24 th September 2020.
6. Removal of encroachment 26 As reported, Revenue Department, Nawa remove the encroachers by having continuous vigilance. The items recovered from these encroached areas are Borewell electric cable, submersible pumps. The activity of removing encroachers is to be carried out considering the Settlement map issued in year 2016.
Since 2018-19 to 2022-23 (upto 11th Jan 2023) following actions were taken against the encroachers:
2018- 2019- 2020- 2021- 2022-
Particulars Total
19 20 21 22 23
Removal of
Illegal - 137 288 86 640 1151
Borewells
Seized
Submersible - 10 32 52 283 377
pumps
Encroachment 20.85 29.44 14 16.30 57.54 138.13
removed in
Hectare area
F.I.R. lodged Ha Ha Ha Ha Ha Ha
Cases filed
under Section
- - - 5 02 07
15 of EPA,
1986
Seized
electrical
cable (length in
meter)
- 03 02 - - 05
- 7000 30700 43990 12550 94240
Out of the 138.13Ha area, encroachment was repeated in 18.30Ha area which was removed by the revenue dept. The details of the removal of encroachment areas are enclosed as Annexure-XV.
It was informed by District Administration that the machineries required to carry-out such activities are not with them and they seek support from M/s Sambhar Salt lake management. During filed visit, committee observed many electrical cables going through the Sambhar Lake and also observed 2-3 Tubewell digging vehicles/machines near the Aau village, Nawa. It was informed that these vehicles mainly operate during nighttime when the vigilance of Revenue department is not there.
7. New encroachment, if any 27 Looking into the mesh of electrical cables around the Sambhar Lake and tubewell digging machines; it is possible that encroachers have no fear of authorities whose removal of encroachers is not that effective.
So it is not possible to deny that there is no new encroachments around the Sambhar Lake.
With respect to the area under salt production in Nawa Tehsil around the Sambhar Lake; it is submitted vide letter dated 27.1.2023 that there is about 3067 Hectare area of 13 villages viz. Nawa, Rajas, Govindi, Krishanpura, Guda Salt, Jabdi Nagar, Bangarh, Midandi, Mohanpura, Ulaana, Guda Rajavata, Banbali & Khakharki are enagaged in salt production and Kyar are formed in these areas.
The letter of SDM, Nawa dated 27.1.2023 in this regard is enclosed as Annexure-XVI.
A rough estimation of water extraction for salt production in the Nawa Tehsil:
Considering Average area of 1 Kyar = 1000 M2
Average depth of water filled in each
= 3 inch (0.076M)
Kyar
Total average area on which Kyar
= 3067 Ha
are constructed
Estimated number of Kyar (10 Kyar
= 30670
in 1 Ha) in total area
Water requirement for 1 cycle of salt
= 23, 30,920M3
production
Total average cycle of salt production
= 8
in a year
Total annual water abstraction = 18.6 Million M3
This rough estimate reveals that a huge quantum of groundwater is being extracted from the lake & its nearby boundary raises a threat on the balancing of the water replenishment rate to extraction rate.
Sambhar Lake Management Agency along with Central Ground Water Authority may exercise the provision of imposing heavy environmental compensation on the groundwater extraction."
19. On the question of demarcation of boundary of Sambhar Lake, Joint Committee submitted that it has required Survey of India to provide geo- 28 reference point of Sambhar Lake area from their archives library but the said information was not furnished by the Department. It is also said that delineation of Sambhar Lake could be done based on 1990's satellite image of Sambhar Lake and surrounding area that was produced by SRSAC Jodhpur over which satellite image of year 2017 may be super-imposed and this would separate expanding pattas after 2017 where enhanced salt production is observed which clearly violates spirit of Tribunal's orders. Committee suggested that Sambhar Lake Management Agency may act upon the above suggestion on priority to demarcate/delineate Sambhar Lake boundary and regulate salt production. Thereafter, Committee also gave details of its field observations, status of legal matters on the land disputes and recommendations as under:
"7.0 Field observations On the day of filed visit dated 3.1.2023, committee observed that the ongoing salt production in M/s Sambhar Salt Ltd and other areas around the Sambhar lake, Nawa tehsil area. Electrical cable wires network, multiple borewells and borewell digging machineries around the Sambhar Lake.
As submitted by M/s Sambhar Salt Ltd (SSL) vide letter dated 7 th January 2023; there are 41 operational borewells inside the Sambhar lake boundary and other then these 28 borewells are non-operational and further unit is planning to install 11 new borewells that will make a total of 80 borewells. It was observed that M/s SSL is carrying out its major operations inside the sambhar lake boundary. Copy of the letter dated 7.1.2023 of M/s SSL is enclosed as Annexure-XVIII.
On the field inspection, it was clearly understood that the illegal groundwater extraction is going on without fear of authorities and authorities. Efforts of these authorities are not strengthened enough to eradicate the network of illegal encroachers of groundwater from the Sambar lake area. The authority is dependent for the required machineries (like JCBs etc.) on M/s Sambhar Salt limited for executing its duty of removal of encroachments. The Ajmer Vidhyut Vitaran Nigam Limited also doesn't have adequate mechanism & manpower to track the illegal electricity consumers established around the North-West area of the lake i.e. of Nawa tehsil and disconnecting the electricity sources.29
8.0 Status of legal matters on the land dispute issue i. Currently, a matter on the ownership issue of 6620Bigha land is sub-judice in Hon'ble High Court, Jaipur as petition no. S.B. Civil Writ 17928/2018 Sambhar Salt Limited Vs Chief Secretary, Rajasthan & Others.
ii. In earlier Hon'ble High Court, Jaipur matter S.B. Civil Writ Petition No. 6958/2004 Sambhar Salt Limited Vs State of Rajasthan, in compliance of the order dated 29.02.2012 to decide the ownership of the area 6620 Bigha recorded under Khasra No. 302, 622, 996, 1800 and 1803 following actions were initiated:
S. Date Particulars
No.
1. 14.12.2010 Committee was constituted by
Administrative Reforms (Gr-3)
department, Govt of Rajasthan under
the chairmanship of Principal
Secretary, Department Of Personnel,
Rajasthan
2. 24.5.2013 Committee was constituted by
Administrative Reforms (Gr-3)
department, Govt of Rajasthan under
the Chairmanship of Chief Secretary
for preparing the plan for Sambhar
Lake conservation.
3. 24.12.2019 Standing committee was constituted by Administrative Reforms (Gr-3) department, Govt of Rajasthan under the chairmanship of Chief Secretary for management of the Sambhar lake.
4. 27.11.2020 In compliance of the decision taken in the standing committee meeting dated 6.3.2020, standing committee composition was revised.
5. 24.2.2022 Latest meeting of the standing committee held on dt.24.2.2022 under the chairmanship of Principal Secretary, Department of Personnel, Rajasthan & Dept of Environment Copy of the letter dated 23.1.2023 submitted by SDM, Nawa to NGT committee is enclosed as Annexure-XIX.
Field photographs are enclosed as Annexure-XX.
9.0 Recommendations 30
1. Department of Environment shall refine & validate the map prepared by SRSAC, Jodhpur as in the year 1990 in coordination with the Survey of India.
2. Revenue department shall expedite the matter of settlement of land disputes along with Sambhar Salts Limited by preparing and digitalization of the map for sambhar lake boundaries. However, as the matter is sub-judice and further directions of Hon'ble NGT in this matter shall be complied.
3. Dept of Environment & Sambhar Wetland Agency shall implement the Wetlands (Conservation and Management) Rules, 2017 provisions under Rule 4 Sub-rule 2 "Prohibited activities".
4. Sambhar Lake Management Agency in co-ordination with Central Ground Water Authority shall carry out a detailed survey of the groundwater extraction and impose heavy environmental compensation as per the notification of Ministry of Jal Shakti S.O. 3289 (E) dated 24th September 2020.
5. Rajasthan State Pollution Control Board & Central Ground Water Authority shall assess the environmental compensation on the salt refineries extracting groundwater without NOC of CGWA.
6. State Government shall strengthen the District Administration with required machineries and manpower to execute the activity for removal of large scale encroachment on the Sambar lake area. Further, Sambhar Lake Management Agency shall place Pan-Tilt-Zoom camera with night vision on the boundaries to stop further borewell digging in the wetland area.
7. Industries Department in co-ordination with Rajasthan State Pollution Control Board shall regulate the salt refineries & salt producers in the area.
8. Municipal Council, Nawa shall intercept, divert and treat the sewage draining in Sambhar Lake.
9. Rajasthan State Pollution Control Board may explore the options to have in place a system to track the disposal of waste by the refineries.
10. The Village Lake Protection committees may be constituted with the help of the villagers to protect the lake. These villagers may be given some incentives for doing so.
11. A scheme for rehabilitation of the people around Sambhar Lake giving them alternative and more lucrative work like trained 31 tourist guides, toy making and may be alternative agricultural activities on their land."
Objections dated 09.01.2023 filed by North Western Railway (respondent 6):
20. Objections dated 09.01.2023 have been filed by North Western Railway i.e., respondent 6 stating that admittedly no lease was signed by Rajasthan Government with applicant or M/s. Hindustan Salts Limited;
applicant is claiming ownership of complete Sambhar Lake; respondent 6 has nothing to do with the issue raised in OA except of the fact relating to laying of railway line within Sambhar Lake and its buffer zone and the sole intention on the part of applicant appears to be is to restrain on-going project of Indian Railway; on the same issue, applicant's Holding company namely Hindustan Salt Limited had already filed W.P. No. 14449/2022, Hindustan Salts Ltd. vs. State of Rajasthan before Rajasthan High Court at Jaipur and the matter is pending; giving details of the project of respondent 6, it is said that it is operating the route for the last 95 years and now to meet future need, expansion work is going on with due approval from State Government on railway land and Government land; Projects undertaken by respondent 6 under Gati Shakti Projects are of national importance; Projects include Dedicated Test Track New Line Project and Phulera-Degana Doubling Project which are in progress in Nawa and Sambhar area of Rajasthan; Dedicated Test Track is a green project in which alignment is finalized in consultation with Research Development and Standards Organization (hereinafter referred to as 'RDSO') and an electrified track is being developed on/around the existing railway line; the project is essential for enhanced train safety; Phulera- Degana Doubling Project is important rail infrastructure project providing direct connectivity of western part with rest of the country; these projects are planned on and around existing railway line; requisite private land for 32 the purpose of project has been acquired in accordance with law; Phulera- Degana section is a part of main Jaipur-Jodhpur route connecting two important cities of Rajasthan besides other nearby cities like Phulera, Degana and Merta Road; to meet the increased traffic on the route and to reduce load on existing single railway line, Phulera-Degana Doubling Project was sanctioned by Ministry of Railways, Railway Board vide Director Works-II, Railway Board's letter dated 27.01.2016; Doubling Railway track is being laid at 6.10 m (i.e., 20 feet) centre to centre track distance parallel to existing railway line which is in operation for more than 95 years old since British era; Dedicated Test Track was sanctioned by Central Government on 12.12.2018 and declared as special railway project vide Gazette Notification dated 17.01.2019; substantial progress has been done on both the projects; attempt on the part of applicant to obstruct the said project is nothing but mischievous and mala-fide; even otherwise the application is barred by limitation and since the issue is already pending in High Court, parallel proceedings before Tribunal for raising same issue is not proper.
Reply dated 09.01.2023 filed by MDAVVNL (respondent 8):
21. MDAVVNL has also filed its reply dated 09.01.2023 stating that there is no cause of action to implead respondent 8 as it is not causing any damage to environment and no such allegation has been made;
impleadment of respondent 8 is nothings but amounts to misjoinder of parties and as there is no inaction on its part, hence the application against respondent 8 should be rejected.
22. Respondent 8 has further stated that applicant and other persons have illegally sublet electricity whereagainst appropriate action has been taken by respondent 8 and the aggrieved parties have approached High Court where interim orders have been passed and electricity connections 33 have been re-connected.
Reply dated 10.02.2023 filed by RSPCB:
23. RSPCB has also filed its reply dated 10.02.2023 wherein averments made in the application have not been denied and virtually in reply to all the paragraphs, it is said that no reply is required. Additional Documents dated 11.02.2023 filed by respondent 6:
24. Respondent 6 has also filed an application dated 11.02.2023 for placing on record additional documents annexing copy of Rajasthan High Court's (Bench at Jaipur) order dated 06.02.2023 passed in W.P. No. 14449/2022, M/s. Hindustan Salts Ltd. vs. State of Rajasthan & Ors., recording statement of the parties that the matter has been settled between them and the settlement has been recorded in the minutes of the meeting held on 27.01.2023. High Court directed the parties to implement the said minutes dated 27.01.2023.
25. Tribunal's Order dated 21.02.2023: Tribunal considered the matter on 21.02.2023 and observed that if anyone has sublet electricity connection illegally, respondent 8 may take appropriate legal action since it is a criminal offence under Electricity Act.
Counter Affidavit dated 20.03.2023 filed by MoEF&CC (respondent 1):
26. Ministry of Environment, Forest and Climate Change (hereinafter referred to as 'MoEF&CC') i.e., respondent 1 has filed its reply dated 20.03.2023 stating that wetlands are vital parts of hydrological cycle; they are highly productive ecosystems which support rich biodiversity and provide a wide range of ecosystem services such as water storage, water purification, flood mitigation, aquifer recharge, microclimate regulation, aesthetic enhancement of landscapes; simultaneously, they support many significant recreational, social and cultural activities being part of rich 34 cultural heritage depletion and destruction of wetlands is a serious concern for MoEF&CC; many wetlands are threatened by reclamation and degradation through drainage and landfill, pollution (discharge of domestic and industrial effluents, disposal of solid wastes), hydrological alteration (water withdrawal and changes in inflow outflow), over-exploitation of their natural resources resulting in loss of biodiversity and disruption in ecosystem services provided by wetlands; Environment (Protection) Act, 1986 (hereinafter referred to as 'EP Act, 1986') is a comprehensive legislation to provide protection and improvement of environment, including inter-alia wetlands and for matters connected therewith; National Environment Policy, 2006 (hereinafter referred to as 'NEP 2006') recognizes ecosystem services provided by wetlands and emphasizes the need to set up a regulatory mechanism for all wetlands so as to maintain their ecological character and ultimately support their integrated management; India is a signatory to Ramsar Convention on Wetlands and is committed to conservation and wise use of all wetlands within its territory; Sambhar Lake is a Ramsar site designated as such in March 1990 due to its biological and biotic importance, particularly due to collection of tens of thousands of flamingos, pelicans, and other migratory birds from northern Asia because of wintering area of this Lake; Sambhar Lake is India's largest inland saline wetland; a sum of Rs. 7.19 Crores was released for conservation of Sambhar wetland to State of Rajasthan for undertaking soil conservation works for six waters areas viz. Korshina, Turatmati, Ulhana, Gudha, Jhank, and Nasal and afforestation in three districts of Ajmer, Sikar and Nagaur falling in catchment area of Sambhar Lake Wetland; for preparing National level wetland inventory, a survey was carried out by Space Application Centre, Ahmadabad during 2007-11 using multi-date IRS-LISS-III Data of 2006-07 timeframe on 1:50,000 scales under project "National Wetland Inventory and Assessment (NWIA)" 35
funded by MoEF&CC; mapping was carried out in collaboration with State Remote Sensing Applications Centres and academic Institutes; Country level geo-database of NWIA 2006-07 has been hosted on SAC web portal (http://www.vedas.sac.gov.in); Wetland atlas are hosted on the said web portal and also on that of MoEF&CC; as identified in the aforesaid inventory, Sambhar Lake is one of the most important wetlands in State of Rajasthan; salient features of Sambhar Lake are mentioned in National Wetland Atlas of Rajasthan, sponsored by MoEF&CC as a part of the project on NWIA; the Rules governing wetlands were framed in 2010 which were replaced in 2017 by Wetlands (Conservation and Management) Rules, 2017 (hereinafter referred to as 'Wetland (C&M) Rules, 2017');
Guidelines for implementing Wetland (C&M) Rules, 2017 drafted by MoEF&CC to support State Governments/Union Territories in the implementation of Rules, recommends that management of each notified wetland is guided by an "Integrated Management Plan"; Management plans should be presented to Wetlands Authority; implementation shall begin only after receiving their endorsement; Management plans for Ramsar Sites and transboundary wetlands shall also be reviewed and endorsed by the MoEF&CC; application of Wetland (C&M) Rules, 2017 is mentioned in Rule 3 which included all wetlands categorized as wetlands of international importance under Ramsar Convention; thereafter, reference is given to Rule 4, 5 and 7 of Wetland (C&M) Rules, 2017 and MoEF&CC in its reply has further said that it has not received the brief document regarding wetland in Rajasthan, particularly in respect of Sambhar Lake in State of Rajasthan.
27. Referring to Joint Committee Report, with respect of comprehensive management plan, it is mentioned in the Report that the same is being revised as per recommendations of National Wetland Committee but it is 36 not yet revised and submitted for approval of National Wetland Committee.
Ultimately, respondent 1 has said that the matter relates to State of Rajasthan and its authorities who have to take further action in the matter.
Additional Affidavit dated 04.04.2023 filed by applicant:
28. By means of affidavit which has been placed on record, applicant has stated that in the month of February 2023, about 10 Flamingos were found dead in Sambhar Lake area; photographs of dead birds and a copy of newspaper reporting has been filed as annexure-A/1. It is said that as per the post-mortem report, reasons of death is electric shock which has caused due to spread of irregular electric wires for providing electric connections to unauthorized borewells.
Reply dated 20.03.2023 filed by respondent 3 (State of Rajasthan through Chief Secretary), 4 (Principal Secretary of Revenue, State of Rajasthan) and 9 (District Collector, Ajmer):
29. It is said that on 27.02.1870, a treaty was signed between Jodhpur Court and British Government regarding Sambhar Lake; rights of British Government to produce salt in the lake area are mentioned and punitive provision has been mentioned in relation to suspicious activities happening in this area, area within 2 miles from the shore and the area extending up to Sambhar town and 12 other dhanis; the maps were issued by Geological Survey of India in 1903 and 1951; map is related to survey and not to ownership; after independence, salt production continued till 1959 by Hindustan Salt Limited on some parts of the Sambhar Lake area, which was under the Department of Salt, Government of India;
subsequently, in 1964, Sambhar Salt Limited was formed; later due to lack of agreement between Government of India and State Government of Rajasthan in order to give Sambhar Lake salt production area on lease, both Governments handed over the matter to Shri V.T. Krishnamachari 37 for mediation; an award in this regard was passed by Shri V.T. Krishnamachari on 29.04.1961; as per Shri V.T. Krishnamachari Award 1961, a separate company M/s. Sambhar Salt Ltd. was formed as a subsidiary company of Hindustan Salts on 30.09.1964; V.T. Krishnamachari Award issued on 29.04.1961, related to payment of royalty in which the conditions are mentioned; in this, the conditions between Ministry of Commerce and Industry of Government of India and Government of Rajasthan are mentioned; in this, Sambhar Lake was given to Government of India on a lease of 99 years; in return, it is mentioned to give Rs 5.50 Lakhs to Rajasthan Government on an annual rent.
30. Sambhar Salt Limited is engaged in the production of salt in Sambhar Lake. This lake is located in Sambhar of Jaipur and Nawan of Nagaur. The land registered in the name of Sambhar Salt Limited in Sambhar Lake area Nawan in private account, Khasra numbers 1174, 1501, 1502, 1503, 1506, 1511, 1522, 1524, 1525, 1526, 1528, 1535, 1536, 667, 668 and 700 total area 170.91 hectare land of Nawan village in the name of Shri Salt Department, Khasra numbers 397, 446, 455, 502, 579 of Revenue Village Gudha salt, total area is 4.390 hectares land, in the name of Salt Department, Government of Salt Department and Khasra numbers 744, 745, 783 of village Bangarh, total area is 7.940 hectares land. The name of the Government of Salt Department is registered in the Khatedari. While in Samvat 1981, the misle numbers of Raj Marwar Mauja, ninth pargana Sambhar were 302, 622, 996 kism Paramath and Samad and their new misle numbers were 1781, 1782, 1783, 1784, 1785, 1786, 1787, 1788, 1790, 1800, 1803 and 1805. Apart from Khatauni Samvat 2046 of the Land Management Department, it has been recorded in the revenue records as Jot Nakabil Kasht Kharda and Samad, Gair Mul Rasta and Kabil Kasht, which is also in the present Jamabandi Samvat 38 2075-78 as the above-mentioned new Khasra number Government Sivachak land is registered.
31. Replying to para 3.7 of OA, the facts relating to demarcation of Sambhar Lake are denied and it is said that there is no mention of any Khasra number. At that time, on 13.08.1987, some Khasra numbers like 302, 622 and 996 were registered as Government land in the Revenue Records. Sambhar Salt Limited gave an application for "Shudi" to get the said land registered in its name in which District Collector, Nagaur Court ordered on 28.05.1994 that this case is not of record error but of declaratory suit. In this regard, the applicant Sambhar Salt Limited should get relief by filing a case of declaration in Sambhar Competent Court. In relation to the said land, the declaratory case is not under consideration/pending with the Court of Assistant Collector and ex-officio Sub-Divisional Officer, Nawan. According to the report dated 18.06.1990 of Sub-Divisional Officer, Parbatsar regarding removal of encroachments done by Dilip Singh, Ratnaram, Gomdaram, the disputed 6620 Bigha 19 Biswa land which Khasra No. 302 area 2508 Bigha 06 Biswa, Khasra No. 622 area 2693 Bigha 13 Biswa, Khasra No. 996 Rakba 1419 Bigha 14 Biswa. Sambhar Salt Ltd Claimed this land belonged to their Khatedari. But there is a clear marking in the report that the said 6620 Bigha 19 Biswa Bhoomi Jamabandi, Khata No. 01 is registered in Government of Rajasthan as 'Gai Mu Samad' and other than that, 'Nakabil Kasht'. It is not mentioned in the report in how many areas Sambhar salt kairs and makanats were built at that time. If at all Sambhar Salt Limited considers the said land as its own, then file a case in the Competent Court and get relief from the same. It is correct that Badobast Samvat 1981 Khasra number 302 Rakba 2508 Bigha 6 Biswa Khasra no. 622 Rakba 2824 Bigha 16 Biswa, Khasra no. 996 Rakba 1494 Bigha 14 Biswa Total Kita 3 Rakba 39 6827 Bigha 16 Twenty was the recorded record. The revenue record is recorded in the name of Parmath and Samad kism land which was registered in the name of Raj Marwad Moza Nawan Pargana Sambhar.
32. In reply to para 3.8 of OA, respondents 3, 4 and 9 have given details of allotment of various khasra numbers and areas of different parties and the averments made by applicant are denied. It is also said that out of the said 6620 bighas of land, about 926 bighas 13 biswa, i.e., on about 150 hectares of land, factory and salt kair have been built by Sambhar Salt and about 531 bighas 05 biswa in Khasra No. 2/1 Sivachak land, near village Nawan in Sambhar lake area Nawan, Salt quarries have been made on 66 hectares of land and refinery and salt quarries have been made on 90 hectares of land in Khasra No. 2/1 Sivayachak land of Sambhar Lake Nawan near Gudhasalt area.
33. According to the settlement of Samvat 2046; the new khasra numbers 1781, 1782, 1783, 1784, 1785, 1786, 1787, 1788, 1790, 1800, 1803, 1805. Total kita 12 rakba 1069.27 hectare has been made. Out of this land, according to the decision of the Court Khudkasht Commissioner dated 18.09.2002, Aukanrsingh's son self, Mrs. Kavarani Jodhi, wife of Mr. Bhawani Singh, ex-Jagirdar Mandrela Tehsil Chidawa Tehsil Jhunjhun, Khasra number 1800 rakba 30.65 hectare and Khasra number 1803 rakba 62.20 hectare of village Nawaan, marking the land as sivachak and bilanam kabilkasht, under section 16 of Jagir Reclamation Act, 1952. Order for allotment of 54 acres (135 bigha ic 21.60 hectare) of land was passed. In pursuance of which, on 19.09.2002, Court Khudkasht Commissioner issued an allotment order of 54 acres of land in the name of Mr. Aukar Singh. Subsequently, on 26.09.2002, this order was modified and allotment of 54 acres of land was ordered out of khasra number 1803, rakba 62.20 hectare, of village Nawan. In this regard, no appeal/reference 40 was made by Sambhar Salt Limited regarding this allotment. Now, 54 acres i.e., 135 bigha i.e., 21.60 hectare of land has been allotted to a private person under Section 16 of Jagir Reclamation Act, 1952 by Court Khudkasht Commissioner out of Khasra No. 1803. On 21.09.2002, in the meeting of District Collector Nagaur, Sub-Divisional Officer Nawan/Sambhar Lake, General Manager, Sambhar Salt and Deputy Secretary, Revenue Group-3, decisions regarding demarcation, allotment, removal of encroachment of Sambhar Lake were taken.
34. These allotments were made by Court khudkasht Commissioner, Jaipur and not by Principal Secretary, Revenue Department, Jaipur.
35. According to judgment dated 29.02.2012 passed by Rajasthan High Court at Jaipur in S.B. Civil Writ Petition No. 6958/2004, Sambhar Salt Ltd. vs. State of Rajasthan, Rajasthan High Court at Jaipur has directed Chief Secretary, Government of Rajasthan that in respect of Khasra numbers 302, 622, 996, 1800 and 1803 of village Nawan Tehsil Nawan District Nagaur, it should decide the ownership of total 6620 bighas of land. The details of the committees formed in compliance of the said decision dated 29.02.2012 are as follows:
(A) Order No. P.6 (66) of Rajasthan Government Administrative Reforms (Group-3) Department P.S./Aan-3/2010 Jaipur Dated 14/12/2010 A committee was formed under the chairmanship of Principal Secretary Revenue in which the other members are
(i) Chairman and Managing Director, Sambhar Salt Ltd.,
(ii) Chairman and Managing Director, Jaipur Vidyut Vitran Nigam,
(iii) Deputy Secretary, Industry Group-2 Department,
(iv) Representative of Home Department not below the level of Government Secretary), Additional Director 41 Industries (Salt) Member Secretary.
(B) Rajasthan Government Administrative Reforms (Group-3) Department's Order No. P.6 (20) P.S./Anu-3/2013 Jaipur dated 24/05/2013 under the Chairmanship of Chief Secretary for Conservation of Sambhar Lake, a Committee has been formed to prepare an action plan.
36. The following decisions were taken in the last meeting held on 24.02.2022 under the Chairmanship of Principal Government Secretary, Forest and Environment Department, Rajasthan Jaipur:
(i) The disputed 6620 bigha land is currently registered as Government Land in the revenue records and it is not in the jurisdiction of the Committee to decide the ownership of the same.
(ii) If Sambhar Salts Ltd. has uninterrupted and continuous possession of the disputed 6620 bighas of land, then Sambhar Salts Ltd. will have to present Declaratory Suit in the competent court for the declaratory rights of above disputed land in its favor.
(iii) Until the final decision is taken by the competent court regarding the ownership of the disputed 6620 bigha land, the local administration should work with full vigilance so that there is no encroachment on the government land by the local people.
37. No land was allotted by District Collector Nagaur, SDO and Tehsildar Nawan District Nagaur in Sambhar Lake area. In the order issued by the Industries Department on 18.10.2004, there are instructions not to allow agriculture or self- cultivation in case of leased land. 42
38. After the survey of the lake was done by the Settlement Department, the area of Sambhar Lake Nawan- 11013 hectare has been declared as Ga.Mu.Jheel non-inhabited village and Sambhar Lake-Phulera area 8539 hectare.
39. With regard to removal of encroachment also, details have been given as under:
"Removal of encroachment
1. Survey of Borewell established in Sambhar Lake area:-At present continuous action is being taken by the team of Revenue Department in Sambhar Lake Nawan. At present, the core area of the Sambhar Lake is filled with water and the banks of the lake where the water has dried up. Encroachment is being removed by marking illegal borewells there by continuous monitoring and it is not possible to survey illegal borewells in the entire lake due to water filling in Sambhar Lake.
2. Methodology adopted for identifying the encroachment & removal of the same:- In this regard, illegal encroachments such as borewell cables and pes are being marked and removed with the help of JCB by the revenue team by continuous monitoring of the Sambhar Lake. According to the revenue map issued by the Land Management Department in the year 2016, encroachment is being removed by demarcation.
3. Details of identification team and constituted removal for the encroachment:- In this regard, two teams have been constituted to remove encroachment in Sambhar Lake by the order number/Sambhar Lake/2022-23 dated 02.01.2023 issued by Additional District Collector, Kuchamancity. Continuous action is being taken by both the teams in compliance of the said order.
4. Frequency of the vigilance of encroachment area:-
Continuous work is being done by the revenue team for the conservation of Sambhar Lake and illegal activities are being continuously monitored by revenue villages like Halka Patwari and Girdawar adjacent to Sabhar Lake.
5. Action taken on the seized items during encroachments:-
Submersible Pump, P.V.C. Pipes and electric cables are confiscated. The amount has been deposited in the 43 treasury after auction of PV pipes and cables as per the rules and till date 283 submersible pumps are being kept in the store room as per the rules.
6. Provide the encroachment area cleared since 2018 to till date on the map to identify the prominent encroach area:-
Encroachments removed from the year 2018 till date have been marked on the map and a copy of the map is attached and a copy of the entire proceedings is also attached.
7. Copies of EPA matters & FIR recorded against the encroachers- 07 FIRS have been registered against the brine stealers under Section 379 IPC, 447 IPC, Section 15 of Environment Protection Act 1986 whose names are as follows-
(1) On 30.06.2021 Jagdish Prasad father Rodaram caste Jat resident Dungarwas Laxmangarh district Sikar (2) On 30.06.2021 Navarag Ram father Pthviraj resident of Salasar district Churu.
(3) On date 21.07.2021 Jaipal's son Deshraj caste Jat Hall resident Nawan.
(4) On 21.07.2021, Gopal Mudda's father Shyamsundar resident Nawa.
(5) On 23.12.2021 Hardevaram son of Bhairubaks, Ganeshram son of Hardevaram caste Jat resident of Bhagwanpura (6) On 19.04.2022, Jaipal's son Deshraj, Rajendra Kumar's son Hanuman Prasad, caste Jat (7) On 25.12.2022, Deepak Aggarwal resident of Nawan. Cases registered under Section 15 of Environment Protection Act 1986 - Under Section 15 by the undersigned against the ones who steal the brine. A total of 05 complaints have been registered in Environment Protection Act 1986.
8. Action taken by AVVNL to disconnect the power supply of the Illegal borewell users/encroachern (if any), and suggest way of curtailing such illegal power consumers:- by taking joint action with the revenue team, legal cables are being seized by the Electricity Department. A detailed report in this regard is expected to be taken from the Electricity Department.
44
New encroachment if any
1. Details of new encroachments & prominent areas of the encroachers: - according to the revenue map issued by the Settleement Department in the year 2016, encroachment is being removed by demarcating the lake. At present there is no new encroachment in the Sambhar Lake Nawan.
Continuous monitoring is being done by the Revenue Team in Sambhar Lake Nawan and at present the core area of the lake is filled with water and the encroachment is being removed by marking the illegal borewells done by the trespassers on the banks of the lake.
Moreover, the details of encroachment removal along with Photographs are present in the Joint Committee Report in National Green, Tribunal OA 94/2022 Order Dated 7.12.2022."
Supplementary Report submitted pursuant to Tribunal's order dated 07.12.2022:
40. It is said that waste samples were collected from 4 locations of Nawa Tehsil of Nagaur District and analysis Report is filed as annexure-I. the result of the waste collected from 4 locations is tabulated as under:
S.N Parameters Sampling location Concentration (in mg/l) Bhagwati Amarnath Pragati Sambhar limits as per Chem Foods Pvt. Salt Salt Schedule-II of Food Pvt. Ltd. Pvt. Limited, HOWM Rule, Ltd. Ltd. Nawa 2016 Nawa City
1. Copper as 0.18 0.12 0.14 0.11 25 Cu
2. Lead 0.47 0.46 0.47 0.33 5.0 as Pb
3. Cadmium 0.18 0.15 0.15 0.17 1.0 as Dc
4. Zinc 0.11 0.10 0.13 0.07 250 as Zn
5. Iron 0.63 0.44 0.47 0.59 -
as Fe
6. Sodium as 13175 15425 13175 15925 -
Na
7. Potassium 6.5 5.5 6.5 4.5 -
as K
8. Nickel 0.73 0.63 0.63 0.73 20.0 as Ni 45
9. Manganese 0.53 6.75 0.41 0.36 10.0 as Mn
10. Chromium BDL(<0.0 BDL(<0.01 BDL(<0 BDL(<0.0 5.0 as Cr 1) ) .01) 1)
11. Calcium 252.63 491.23 364.91 70.18 -
12. Magnesium 76.74 123.63 306.95 251.53 -
13. Sulphate 3571.43 6464.28 8514.2 610.71 -8
The table presents the results of waste collected from four differenct locations, along with the concentration limits as per Schedule-II of HOWM (Hazardous and Other Wastes Management) Rule, 2016. The parameters analyzed include various heavy metals (Cooper, Lead, Cadmium, Zinc, Nickel, Manganese, Chromium), as well as Iron, Sodium, Potassium, Calcium, Magnesium, and Sulphate. The concentration reported for the all the 04 samples for prescribed parameters i.e. Cooper, Lead, Cadmium, Zinc, Nickel, Manganese, Chromium are below the concentration limits scheduled under Schedule-II of HOWM Rule, 2016."
I.A. No. 57/2023 filed by applicant:
41. It is said that MoEF&CC vide order dated 17.04.2023 constituted a Committee to examine following issues:
(a) To assess the factual position on the proposal of dedicated railway test rack passing through the Sambhar Lake wetland area, and
(b) The complaint of Sambhar Salt Ltd. regarding the demarcation of the boundary of the Sambhar Lake.
42. Committee comprised of the following members:
(i) Prof. Rajiv Sinha, IIT Kanpur,
(ii) Dr. Surabhi Mehrotra, MNIT, Bhopal,
(iii) Prof. Sanjay Deshmush, University of Mumbai and
(iv) Sri Chandan Singh, Consultant, MoEF&CC.
43. Observations made by Committee and its recommendations reads as under:
46
"Based on the discussions with the concerned officials and field visits, and perusal of the previous reports on connected issues, the committee has the following observations:
1. The demarcation of the Sambhar Lake wetland area remains the principal problem and despite being an old and perennial problem, very little efforts have been made to resolve this. During the meeting with the ACS and other officials, it was told that the process of demarcation is undergoing, and it will take another 3-4 months to finalise this and notify. Wetland boundary demarcation would lead to advice on permitted, regulated and prohibited activities.
2. The committee advised the concerned officials that the wetland boundary, one finalized based on remote sensing and GIS techniques and field data, should be vetted by the NWC. As per the Wetland Rules and NGT guidelines, it is also imperative to have public consultation before notifying the wetland boundary. Despite the fact this is the most contentious issue and had led to several litigations, the committee took serious note regarding the delay in finalization of the wetland boundary and the same was conveyed to the officials. Further, Wetlands (Conservation and Management) Rules 2017 recommends demarcation of Zone of Influence (ZoI) using scientific method for wise use of Wetland to maintain its ecological character.
3. The issue of illegal tube wells operating within the lake area and encroachments around the lake was also discussed. The committee was informed that a large number of tubewells have already been removed and this process is continuing. However, no timeline was given to complete this process. Similarly, no serious discussion happened regarding the encroachments primarily because thus this issue is linked to the delineation of the lake boundary which is yet to be finalized.
Field visit and observations During the first part of the field visit, the committee was shown the small part of the railway track project (mostly constructed) that is passing through the wetland area (Figure 2 a-f). Most of the new track has been constructed along the alignment of the old railway line which has been in operation for the last 95 years and is located ~2 km away from the submerged area of the wetland. However, it is not clear as to how this assessment was made. The available reports to the committee did not provide any further details such as:
(a) What sort of data was used to determine the water spread area of the wetland?47
(b) What was the time period for which the historical submergence of the wetland was considered?
(c) Did this analysis include the high flood scenario experienced in this region in recent years?
The committee was informed that sufficient number of bridges are planned along the part of the track passing through the wetland for allowing the uninterrupted flow into the wetland from the catchment. However, specific details about the waterways (e.g., spacing, width, existing drainage inlets, flow status etc.) were not available. There is also no assessment of the impact of this intervention on the wetland hydrology through modeling. Therefore, the assessment of the impact of the railway track passing through the wetland area remains qualitative and subjective. This was conveyed to the railway officials. (photograph omitted) During the second part of the field visit, the committee was taken to the mouth of the Mendha river feeding the Sambhar wetland. The proposed railway track is passing right through the mouth, and this appears to be a major intervention (Figure 3, a-d). There seems to be several issues related to land ownership in this part and there are several reported small interventions in the upper part of the Mendha river which have impacted the flow of the river in recent years. However, these issues were a little outside the purview of the committee and there was not enough time to visit these areas. However, our quick comprehension of the issue is that the impact of such a major intervention at the mouth of the Mendha river is likely to impact the inflows into the wetland in a major way. No detail assessment on anticipated impact on its ecological character and hydrological regime through modelling is carried out or documented for reference.
Further, the issue of illegal encroachments and tube wells was raised by the HSL and several locals also joined the discussion. There were claims and counterclaims about the ownership of land in and around the lake but it was difficult to have any fruitful discussion or reach any conclusions because the wetland boundary delineation work has still not been completed by the State Wetland Authority.
Recommendations Based on the above observations, the committee recommends the following:
1. The wetland demarcation of the Sambhar Lake must be completed on a scientific basis as per the guidelines of the Wetland Rules and not simply based on revenue 48 records. The State Wetland Development Authority must provide all details and criteria used for demarcating the boundary. Keeping in view a large number of litigations and conflict of interest, the finalized wetland boundary must be vetted by the National Wetlands Committee.
2. Since the lake boundary is still disputed, no new permissions to private parties for salt production should be given so as not to escalate this matter. Meanwhile, all illegal tube wells from the existing perimeter must be removed. Apart from affecting the salt production, this is also affecting the ecology of the Sambhar and is detrimental to the hydrological regime of the lake.
3. There is no denying that salt production in this region must be regulated. Pumping groundwater for salt production will have a long drawn detrimental impact on freshwater resources of this water-stressed region. In addition, this will impact (may have already impacted) the soil system and associated ecology as well as the agriculture production.
4. As recommended by the previous committees, a nodal agency such as Sambhar Lake Conservation, Management and Monitoring Authority should be established as soon as possible. The committee reiterates the need for such a body to resolve the longstanding problems of Sambhar keeping in view the multiple stakeholders. This Authority may be headed by an independent person but must include representation from all concerned organisations.
5. It is advised that a brief document be prepared by State Wetland Authority to list activities that needs to be prohibited, regulated and permitted pertaining to management of Wetland area as per Wetland rules, under the guidance of NWC. This however does not negate the need for a detailed management plan of the Sambhar which is overdue now. In this connection, the committee took a note of the report prepared by Indian Institute of Sciences (IISc) Bangalore which provides very useful insights into the impacts on ecology, biodiversity and environment. Although specific to the impact of the proposed solar plant, this report provides a comprehensive information on the overall status of the Sambhar in terms of geomorphological and ecological status of the entire Sambhar lake.
6. For a complete assessment of the hydrological impact of the part of the railway track going through the wetland area, the Railways should commission a modelling study from a reputed institution to demonstrate (a) historical scale submergence of 49 the wetland, (b) modelled submergence for 50- and 100-year floods, and (c) impact of the proposed intervention on the hydrological regime of the wetland.
7. The intervention at the mouth of the Mendha river is really large and the complete hydrological impact of this on the wetland hydrology remains unclear. A comprehensive hydrological modelling must be done to assess the impact in terms of (a) changes in the inflow under modified hydrological regime, and (b) impact under high flow conditions and c) Ecological modifications, if any.
8. While the committee recognizes the national importance of the railway track project, such projects should normally be kept away from such ecologically sensitive areas. In this case however since the project has nearly been completed, the necessary approval may be considered but only after submitting a technical report with results of the hydrological modeling studies as suggested above."
ARGUMENTS:
44. On behalf of the applicant, it is contended that Sambhar Lake comprising an area of about 90 square miles (233.10 km2), spread over three districts of Rajasthan i.e., Jaipur, Ajmer and Nagaur, is owned by applicant since it is a subsidiary company of M/s. Hindustan Salts Limited, a Government of India company which was handed over the above area of Sambhar Lake vide Ministry of Commerce and Industry's letter dated 13.01.1959. Subsequently, some irregularities were committed in as much as in khasra no. 302, 996, 622 and 292, an area of about 6620 bigha land was excluded from the area given to applicant on the ground that it is revenue land of Rajasthan Government. However, applicant continued to extract 'saline water' called 'brine' from the Lake for manufacturing salt but with the passage of time, a large number of private persons have intruded either due to illegal intervention of the State Government or its authorities or by illegal encroachment, for extraction of saline water and for manufacturing salt. These encroachers have installed 50 large number of borewells, illegally, to siphon away the 'lake brine' and magnitude of such illegal activities of encroachers has attained the staggering height in as much as the applicant is able to produce only 2 lakh MT per annum salt while these encroachers are producing almost 30 lakh MT per annum by using lake brine. This illegal encroachment in the area is needed to be removed. It is the statutory obligation of State Government Authorities to stopped and prohibit such encroachment but no effective steps have been taken by them till date on the pretext that there is no demarcation of the lake area by the concerned authorities on account whereof authorities are not able to check encroachment. No effective Environment Management Plan for the Lake has been made. The number of encroachments and the persons making encroachment is very large hence steps taken, if any, by the concerned authorities, have not proved to be effective to prevent such encroachment and illegal extraction of Lake Brine. It is also argued that the encroachers are discharging all waste and sewage in the Lake area. Besides, sewage disposal of nearby villages is also direct in the Lake causing environmental damage to the Lake ecology and has also causing damage to the birds i.e., flamingos found at the said Lake. Learned Counsel appearing for the applicant thus prayed that this Tribunal should issue directions for removal of encroachers and to prevent extraction of lake brine from the lake by other private persons.
45. Respondent 1 in its Counter Affidavit dated 20.03.2023 has clearly taken a stand that Sambhar Lake in the State of Rajasthan is a Ramsar Site Wetland of International Importance, designated as such in March 1990, and it is of utmost importance to protect such wetland including flora and fauna thereof. For protection of wetlands, MoEF&CC has framed Rules i.e., Wetland (C&M) Rules, 2017 under EP Act, 198 whereunder the 51 Management Plan has to be prepared which shall be reviewed and endorsed by MoEF&CC but State of Rajasthan has not submitted any such Plan to MoEF&CC till date.
46. Respondents-State of Rajasthan and its Authorities have taken a stand that substantial part of Sambhar Lake has been leased out to the applicant for extraction of saline water of the Lake for manufacturing salt but it is not owner of the Lake. There are large number of khasra numbers, though part of the Lake but the same are available to the State Government and its Authorities for allocation to other persons and several allocations of land had been made to several persons for the purpose of extraction of saline water/lake brine for manufacturing salt. However, it is not disputed that there is lot of encroachment also on the Lake area in respect whereof steps have been taken from time to time for removal of such encroachments and or closure of salt manufacturing units of such encroachers but with the passage of time, encroachments have continued in one or the other manner.
47. On behalf of State of Rajasthan, it is also pointed out that as per the minutes of the meeting held on 24.02.2022 under the Chairmanship of Principle Secretary, Forest and Environment Department, Rajasthan, 6620 bighas land was registered as Government land in Revenue Record and if applicant claims any possession thereon, it must seek a declaration from a competent Authority. Details of the some of the FIRs lodged against some individuals are also given. Some steps by dis-connecting electric supply of some encroachers were also taken but the fact remains that encroachment and extraction of saline water/Lake Brine from the Lake through borewells, illegally installed, is not disputed by State Government and its Authorities though their defence is that they are taking steps to prevent such illegal operation and encroachment. 52 FORMULATION OF ISSUES:
48. Considering the rival submission, we find that so far as applicant is concerned, its interest is more of its own protection of commercial activities by seeking removal/exclusion of others from the Lake area but the facts on record also reveal that Sambhar Lake is an important Wetland of International importance and activities going on thereat are causing damage to its ecology including flora and fauna which requires immediate steps for its protection, otherwise there may be drastic damage to the wetland which maybe irreversible and would affect such important wetland very adversely.
49. Therefore, in our view, the substantial question of environment arising due to implementation of enactments mentioned in the Schedule of NGT Act, 2010 particularly, EP Act, 1986, Water Act, 1974 and Air Act, 1981 are:
(I) Whether damage is being caused to the ecology of Sambhar Lake and if so, its reasons? And, (II) What immediate steps should be taken to prevent, restore and rejuvenate such damage besides identification of the persons causing such damage and appropriate action, penal and otherwise, needs to be taken against such violators/defaulters?
DISCUSSION ON MERITS
50. ISSUES I AND II: Both the issues can be considered together. We will not go into the question of protection of pure commercial and personal interest of the applicant, pertaining to its industrial activity of manufacturing of salt as that by itself is beyond the jurisdiction of NGT Act, 2010 but to the extent, the issues involved relate to environment, we can and we shall look into the matter, adjudicate the same in accordance 53 with law and would issue necessary directions as required in the case in hand.
51. Sambhar literally means "Salt". This Lake which is also called as 'Shakambhari Lake' has an ancient origin in State of Rajasthan. It is said that in the epic Mahabharata, Raja Yayati, Emperor of Bharatvarsh and a descendant of Lord Brahma married Devyani, daughter of Shukracharya (Guru of Demons), who lived by the Lake. Another legend is that Goddess Shakambhari bestowed Lake upon the people of area about 2500 years ago. It is India's largest saline Lake, about 190 km2 in extent at full capacity and lays some 80 km southwest of Jaipur, just outside prosaically named "Salt Lake City". Its vast body of glacial saline is on average just 60 cm deep and normally is not more than 3 m even just after monsoon. It stretches in length for 35.5 km, its width varying between 3 and 11 km. Its catchment area is 5700 km2. Several seasonal freshwater streams, major ones being the rivers Medtha, Samaod, Khandela, Mantha, khari and Rupangarh, feed it. Flamingoes, tall dainty birds with their ballerina tutus are attracted here in thousands by the delicious spirulina algae that flourish when the water reaches the medium degree of saline lake. After the Rann of Kutch where they breed, Sambhar is said to be the most important habitat for Flamingoes in the country. Pelicans too, apparently love the lake and flock here in large battalions. A vast pale pink concourse of birds, about 20000 to 30000, can be seen shifting and murmuring in the glassy water and dark mud. There are many other species like Storks, sandpipers, redshanks, black-winged stilts, coots, and shovelers float somnolently in the water. Sambhar Lake is drained by Sankh River, which flows out of the lake and into the Chambal River.
52. Sambhar Lake is mainly composed of saline waters and shallow brackish marshes. The Lake's salinity is very high and ranges from 10 to 54 21%. The Lake is an important source of salt for the region. Major soil type found in Sambhar Lake region is alluvial soil, formed by depositing sediment by rivers and streams. Soil is typically sandy, with varying silt and clay content. The soil is well-drained, which benefits crops that require good aeration. Saline soil is not suitable for most crops, but some salt- tolerant crops, such as barley, millet, and pulses, can be grown on it. It is not in dispute that it was included in the list of Ramsar Wetland Site by MoEF&CC vide letter dated 23.03.1990.
53. Ramsar Convention Sites are such as are enlisted in terms of the convention of wetlands of international importance especially as water for habitat. An international convention was held at Ramsar (Iran) in 1971 and signed on 02.02.1971 by various countries called as 'Contracting Parties'. India signed the above convention document on 01.02.1982. Pursuant to Ramsar Convention, the first two sites declared as Ramsar Sites were Keoladeo National Park Rajasthan and Chilika Lake Odisha which were declared Ramsar sites on 01.10.1981. Sambhar Lake with which we are concerned is the third such site which was declared as Ramsar Site on 23.03.1990 besides two other sites namely Loktak Lake, Manipur and Harike Wetland, Punjab. Since then a large number of sites have been included in Ramsar Sites in India and upto August 2022 there are 75 such sites.
54. Ramsar Convention recognizes the inter-dependence of man and environment and concentrated on the importance of wetlands in the world. It considered the environmental ecology functions of wetlands as regulators of water regime and has habitats supporting a characteristic flora and fauna specially water fall. The convention convinced itself that wetland constitute a resource of great economic, cultural, scientific, and recreational value, the loss of which would be irreparable. It desires to 55 stem the progressive encroachment on and loss of wetlands now and in the future. It recognised that waterfowl in their seasonal migrations may transcend frontiers and so should be regarded as an international resource. It decided that the conservation of wetlands and their flora and fauna can be ensured by combining far-sighted national policies with co- ordinated international action and, therefore, agreed to pen down its various resolutions in Article 1 to 12 which reads as under:
"Article 1
1. For the purpose of this Convention wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres.
2. For the purpose of this Convention waterfowl are birds ecologically dependent on wetlands.
Article 2
1. Each Contracting Party shall designate suitable wetlands within its territory for inclusion in a List of Wetlands of International Importance, hereinafter referred to as "the List" which is maintained by the bureau established under Article 8. The boundaries of each wetland shall be precisely described and also delimited on a map and they may incorporate riparian and coastal zones adjacent to the wetlands, and islands or bodies of marine water deeper than six metres at low tide lying within the wetlands, especially where these have importance as waterfowl habitat.
2. Wetlands should be selected for the List on account of their international significance in terms of ecology, botany, zoology, limnology or hydrology. In the first instance wetlands of international importance to waterfowl at any season should be included.
3. The inclusion of a wetland in the List does not prejudice the exclusive sovereign rights of the Contracting Party in whose territory the wetland is situated.
4. Each Contracting Party shall designate at least one wetland to be included in the List when signing this Convention or when 56 depositing its instrument of ratification or accession, as provided in Article 9.
5. Any Contracting Party shall have the right to add to the List further wetlands situated within its territory, to extend the boundaries of those wetlands already included by it in the List, or, because of its urgent national interests, to delete or restrict the boundaries of wetlands already included by it in the List and shall, at the earliest possible time, inform the organization or government responsible for the continuing bureau duties specified in Article 8 of any such changes.
6. Each Contracting Party shall consider its international responsibilities for the conservation, management and wise use of migratory stocks of waterfowl, both when designating entries for the List and when exercising its right to change entries in the List relating to wetlands within its territory.
Article 3
1. The Contracting Parties shall formulate and implement their planning so as to promote the conservation of the wetlands included in the List, and as far as possible the wise use of wetlands in their territory.
2. Each Contracting Party shall arrange to be informed at the earliest possible time if the ecological character of any wetland in its territory and included in the List has changed, is changing or is likely to change as the result of technological developments, pollution or other human interference. Information on such changes shall be passed without delay to the organization or government responsible for the continuing bureau duties specified in Article 8.
Article 4
1. Each Contracting Party shall promote the conservation of wetlands and waterfowl by establishing nature reserves on wetlands, whether they are included in the List or not, and provide adequately for their wardening.
2. Where a Contracting Party in its urgent national interest, deletes or restricts the boundaries of a wetland included in the List, it should as far as possible compensate for any loss of wetland resources, and in particular it should create additional nature reserves for waterfowl and for the protection, either in the same area or elsewhere, of an adequate portion of the original habitat.57
3. The Contracting Parties shall encourage research and the exchange of data and publications regarding wetlands and their flora and fauna.
4. The Contracting Parties shall endeavour through management to increase waterfowl populations on appropriate wetlands.
5. The Contracting Parties shall promote the training of personnel competent in the fields of wetland research, management and wardening.
Article 5 The Contracting Parties shall consult with each other about implementing obligations arising from the Convention especially in the case of a wetland extending over the territories of more than one Contracting Party or where a water system is shared by Contracting Parties. They shall at the same time endeavour to coordinate and support present and future policies and regulations concerning the conservation of wetlands and their flora and fauna.
Article 6
1. There shall be established a Conference of the Contracting Parties to review and promote the implementation of this Convention. The Bureau referred to in Article 8, paragraph 1, shall convene ordinary meetings of the Conference of the Contracting Parties at intervals of not more than three years, unless the Conference decides otherwise, and extraordinary meetings at the written requests of at least one third of the Contracting Parties. Each ordinary meeting of the Conference of the Contracting Parties shall determine the time and venue of the next ordinary meeting.
2. The Conference of the Contracting Parties shall be competent:
a) to discuss the implementation of this Convention;
b) to discuss additions to and changes in the List;
c) to consider information regarding changes in the ecological character of wetlands included in the List provided in accordance with paragraph 2 of Article 3;
d) to make general or specific recommendations to the Contracting Parties regarding the conservation, management and wise use of wetlands and their flora and fauna;
e) to request relevant international bodies to prepare reports and statistics on matters which are essentially international in character affecting wetlands;
f) to adopt other recommendations, or resolutions, to promote the functioning of this Convention.58
3. The Contracting Parties shall ensure that those responsible at all levels for wetlands management shall be informed of, and take into consideration, recommendations of such Conferences concerning the conservation, management and wise use of wetlands and their flora and fauna.
4. The Conference of the Contracting Parties shall adopt rules of procedure for each of its meetings.
5. The Conference of the Contracting Parties shall establish and keep under review the financial regulations of this Convention. At each of its ordinary meetings, it shall adopt the budget for the next financial period by a two-third majority of Contracting Parties present and voting.
6. Each Contracting Party shall contribute to the budget according to a scale of contributions adopted by unanimity of the Contracting Parties present and voting at a meeting of the ordinary Conference of the Contracting Parties. Article 7
1. The representatives of the Contracting Parties at such Conferences should include persons who are experts on wetlands or waterfowl by reason of knowledge and experience gained in scientific, administrative or other appropriate capacities.
2. Each of the Contracting Parties represented at a Conference shall have one vote, recommendations, resolutions and decisions being adopted by a simple majority of the Contracting Parties present and voting, unless otherwise provided for in this Convention.
1. The International Union for Conservation of Nature and Natural Resources shall perform the continuing bureau duties under this Convention until such time as another organization or government is appointed by a majority of two-thirds of all Contracting Parties.
2. The continuing bureau duties shall be, inter alia:
a) to assist in the convening and organizing of Conferences specified in Article 6;
b) to maintain the List of Wetlands of International Importance and to be informed by the Contracting Parties of any additions, extensions, deletions or restrictions concerning wetlands included in the List provided in accordance with paragraph 5 of Article 2;59
c) to be informed by the Contracting Parties of any changes in the ecological character of wetlands included in the List provided in accordance with paragraph 2 of Article 3;
d) to forward notification of any alterations to the List, or changes in character of wetlands included therein, to all Contracting Parties and to arrange for these matters to be discussed at the next Conference;
e) to make known to the Contracting Party concerned, the recommendations of the Conferences in respect of such alterations to the List or of changes in the character of wetlands included therein.
1. This Convention shall remain open for signature indefinitely.
2. Any member of the United Nations or of one of the Specialized Agencies or of the International Atomic Energy Agency or Party to the Statute of the International Court of Justice may become a Party to this Convention by:
a) signature without reservation as to ratification;
b) signature subject to ratification followed by ratification;
c) accession.
3. Ratification or accession shall be effected by the deposit of an instrument of ratification or accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as "the Depositary"). Article 10
1. This Convention shall enter into force four months after seven States have become Parties to this Convention in accordance with paragraph 2 of Article 9.
2. Thereafter this Convention shall enter into force for each Contracting Party four months after the day of its signature without reservation as to ratification, or its deposit of an instrument of ratification or accession.
Article 10 bis
1. This Convention may be amended at a meeting of the Contracting Parties convened for that purpose in accordance with this article.
2. Proposals for amendment may be made by any Contracting Party.
3. The text of any proposed amendment and the reasons for it shall be communicated to the organization or government performing 60 the continuing bureau duties under the Convention (hereinafter referred to as "the Bureau") and shall promptly be communicated by the Bureau to all Contracting Parties. Any comments on the text by the Contracting Parties shall be communicated to the Bureau within three months of the date on which the amendments were communicated to the Contracting Parties by the Bureau. The Bureau shall, immediately after the last day for submission of comments, communicate to the Contracting Parties all comments submitted by that day.
4. A meeting of Contracting Parties to consider an amendment communicated in accordance with paragraph 3 shall be convened by the Bureau upon the written request of one third of the Contracting Parties. The Bureau shall consult the Parties concerning the time and venue of the meeting.
5. Amendments shall be adopted by a two-thirds majority of the Contracting Parties present and voting.
6. An amendment adopted shall enter into force for the Contracting Parties which have accepted it on the first day of the fourth month following the date on which two thirds of the Contracting Parties have deposited an instrument of acceptance with the Depositary. For each Contracting Party which deposits an instrument of acceptance after the date on which two thirds of the Contracting Parties have deposited an instrument of acceptance, the amendment shall enter into force on the first day of the fourth month following the date of the deposit of its instrument of acceptance.
1. This Convention shall continue in force for an indefinite period.
2. Any Contracting Party may denounce this Convention after a period of five years from the date on which it entered into force for that party by giving written notice thereof to the Depositary. Denunciation shall take effect four months after the day on which notice thereof is received by the Depositary.
1. The Depositary shall inform all States that have signed and acceded to this Convention as soon as possible of:
a) signatures to the Convention;
b) deposits of instruments of ratification of this Convention;
c) deposits of instruments of accession to this Convention;
d) the date of entry into force of this Convention;
e) notifications of denunciation of this Convention.61
2. When this Convention has entered into force, the Depositary shall have it registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter."
55. Thus, Ramsar Convention is an international treaty for conservation and sustainable utilization of wetland recognizing the fundamental ecology functions of wetlands and their economic cultural scientific and recreational value. Wetlands are vital for human survival. They are among the world's most productive environments; cradles of bio-logical diversity that provide water and productivity upon which countless species of plants and animals depend for survival. Wetlands are indispensable for the countless benefits or eco-system services that they provide to humanity ranging from fresh water supply, food and building material and bio- diversity, to flood control, ground water recharge and climate mitigation. Study after study demonstrate that wetland area and quality continue to decline in most regions of the world. As a result, the ecosystem services that wetlands provide to people are compromised. It is with this background, Ramsar Convention for protection of wetlands of international importance was signed by several countries, presently about 172 countries as 'Contracting Parties' which recognizes the value of having one international treaty dedicated to a single eco-system. Ramsar Convention uses a broad definition of wetlands which includes all lakes and rivers, underground aquifers, swamps and marshes, wet grasslands, peatlands, oases, estuaries, deltas and tidal flats, mangroves and other coastal areas, coral reefs, and all human-made sites such as fish ponds, rice paddies, reservoirs and salt pans.
56. As per the International Resolution, Ramsar Wetlands once identified and included in the list, must have precisely described boundary of the wetland and delimited on a map. The country who has caused a 62 wetland to be included in the list of Ramsar Wetlands shall consider its international responsibility for 'conservation management' and 'wise use' of migratory stock of waterfowl and formulate and implement its planning so as to promote conservation of wetlands included in the list and also as far as possible wise use of wetlands in their territory. If there is any change in the ecological character of any wetland included in the list or is likely to be changed as a result of technological development, pollution or other human interference, information on such changes shall be passed without delay to the organization or Government responsible for the continuing bureau duties specified in Article 8.
57. Article 8 provides that 'International Union for Conservation of Nature and Natural Resources' shall perform the continuing bureau duties under International Convention until such time as another organization or Government is appointed by a majority of two-thirds of all Contracting Parties.
58. In the present case, we find that two important aspects which were contemplated in the international resolution of Ramsar Wetlands in respect of Sambhar Lake are still wanting:
(i) Demarcation of Lake area and Delineation of Core and buffer area of Sambhar Lake;
(ii) Comprehensive Environment Management Plan.
59. It is really a matter of great concern that Sambhar Lake, a Ramsar Wetland declared and designated as such vide MoEF's letter dated 23.03.1990 i.e., more than 33 years ago, is still awaiting not only Demarcation of Lake area/delineation of core and buffer area but also comprehensive environment management plan. The result is, not only huge encroachment and extraction of saline water/lake brine in an 63 unplanned and unscientific manner but also pollution to the lake, affecting migratory/waterfowl and other marine aquatic life in the lake.
60. It appears that acting upon an earlier complaint of the applicant, State Government directed an enquiry to be conducted on the issue of encroachment and illegal extraction of saline water by installation of borewells, tubewells and pipelines from the lake by order dated 10.03.2010. Mr. Vinod Kapoor, Retd. IAS was appointed as Enquiry Officer. His report dated 20.04.2010 is annexure-A/7 to OA. The report gives the background of exploitation of Sambhar Lake in the past observing that it is salted water lake spread over an area of about 90 square miles. However, the exact boundaries of the lake are not properly recorded and maintained in the Revenue Records and need to be verified. In 1869, 1870 and 1879, British Government entered into a treaty with Jaipur and Jodhpur States and acquired the above source of salt water. Upto the year 1950, payments were made to the above States of Jaipur and Jodhpur under the aforesaid Treaty. Thereafter, an agreement was executed between Governor Rajasthan and President of India on 26.02.1950 according whereto, for the next 10 years, a lease rent of Rs. 5.50 lakhs per annum shall be paid besides 40% of royalty on production of more than 17.25 lakhs tonnes of salt, to Rajasthan Government by the Government of India. For manufacturing of salt, Government of India constituted a company wholly owned by it, i.e., M/s. Hindustan Salt Limited on 12.04.1958. The area of Sambhar Lake was transferred to M/s. Hindustan Salt Limited on 13.01.1959. Agreement came to an end on 31.01.1960 whereafter ownership right vested in the Government of Rajasthan. Since there was no agreement between State Government and Government of India with regard to lease of salt manufacturing area of Sambhar Lake, the dispute was referred for arbitration of Shri V.T. 64 Krishnamachari who rendered his award dated 29.04.1961. The main aspects covered by the award are as under:
(i) Rajasthan Government will be paid Rs 5.50 lakhs per year for giving Sambhar Lake on a 99-year lease to the Government of India.
Rajasthan Government will ensure uninterrupted flow of lake water.
(ii) A company will be formed for the overall development of Sambhar region in which 40% shares will be allotted to Rajasthan Government in lieu of royalty. Two representatives of Rajasthan Government will be nominated in the board.
(iii) From January 1960 till the formation of the new company, amount fixed before January, 1960 will be paid to State Government as usual.
(iv) If there is any difference between two parties regarding the award, then with consent of both the parties, an arbitrator can be appointed and reference can be made. If both parties do not agree on an arbitrator in such a situation, arbitrator will be appointed by Chief Justice of Supreme Court.
61. Under the award, M/s. Sambhar Salts Ltd. was formed in the year 1964, which is a Central Government undertaking. In this company, 60% shares are held by Government of India/Hindustan Salts Ltd. and 40 percent shares are held by the Government of Rajasthan.
62. The terms of the above award are currently effective. On the Board of Directors of the Company, two directors are nominated by the Government of Rajasthan. Presently Commissioner, Industries and Deputy Government Secretary, Revenue Department are on the Board of Directors of the company. Administrative control over the company rests with the Government of India.
65
63. Administrative control of the company is with Government of India and company has possession of the land for a period of 99 years under V.T. Krishnagachari Award, 1961.
64. Thus, it is evident from above that for carrying out manufacturing of salt from Sambhar Lake in terms of award, M/s. Sambhar Salt Limited i.e., applicant company was constituted being a subsidiary company of M/s. Hindustan Salt Limited on 30.09.1964. The area of Sambhar Lake was handed over to applicant's company. The lake is divided mainly in two parts: (i) 60 square miles of main lake area and (ii) 30 square miles of salt manufacturing area. Applicant's company is manufacturing and distributing from its own sources about 2 lakh MT of salt manufactured by shifting lake brine from Sambhar Lake.
65. Rajasthan enjoyed top position in manufacture of salt from ground water. 12% of total salt production in the country is being produced in Rajasthan. The area producing salt in Rajasthan are divided in 3 parts; (i) reserved Salt Area, (ii) open salt area and (iii) Salt area converted from agriculture to non-agriculture land.
66. In the first category, i.e., Reserved Salt Area, the entire salt manufactured from the lake brine of Sambhar Lake is covered and details thereof are as under:
i. Sambhar 90 Sambhar Sambhar Salt Ltd. was
District square Salt Ltd. formed in 1964 under the
Jaipur miles V.T Krishnamachari Award
(1961). Currently there is
no knowledge of accurate
limits of area of Sambhar
Salt Ltd. lake. This point is
also controversial for which
66
it is necessary to know the
limits urgently.
ii. Didwana 1910 Government Earlier, the Government
District acres undertaking Undertaking Department
Nagaur used to making salt from
the old lessee Kharwal (salt
iii. Pachpadra 32 Government maker) and the work of
District square undertaking marketing was done by the
Barmer miles Government Undertakings
Department. Now these old
Kharwals have been
privatized by authorizing
them to sell salt also. The
Government Undertakings
Department now collects
fares and fees.
iv. Khed Biswa Government According to the
District undertaking information received so far,
Barmer no allocation has been
made by the Government
Enterprises Department for
salt production in this area
nor any salt is being
produced, the situation is
not clear.
67. The second category i.e., Open Salt Area included the area declared as such under the provisions of Rajasthan Land Revenue Salt Area Allotment Rules, 1970 and as amended from time to time, whereby the land when become saline and salted, is set apart so as to get it declared as salted area and is kept for open allotment to the parties. In the salt areas of Jodhpur, Nagaur, Churu and Jaisalmer District of Rajasthan, there is salted land covering area 108330.47 acres which was allotted to 635 units rendering annual income of Rs. 10 lakhs to State Government. 67
68. The third category included the land which was declared so under the provisions of Rajasthan Agriculture to Non-Agriculture Conversion Rules, 1961. Thereunder and in exercise of powers under Conversion of Agricultural Land for Non-Agriculture Purposes Rules, 1992, even to tenure holders, after conversion, permission could have entered into salt manufacturing activities on a payment of lump sum premium of Rs.1000 per hectare.
69. Report further said that area of Sambhar Lake surrounded by the boundary of Districts Nagaur, Ajmer and Jaipur had no revenue map or revenue record available. No lease deed was executed between State Government and Central Government for transfer of Sambhar Lake area to M/s. Sambhar Salt Limited i.e., applicant and it is actually functioning only in terms of the award of Shri V.T. Krishnamachari.
70. M/s. Sambhar Salt Limited informed Enquiry Authority that after independence, Survey of India prepared a map of Sambhar Lake in 1951 according whereto the area of Sambhar Lake was 90 square miles i.e., 227.57 km2 i.e., 87.84 square miles or 56217.60 acres. However, no such map was produced before Enquiry Authority but only letter mentioned the area was produced before it and it was also told that V.T. Krishnamachari award was given on the basis of the said information in which total area of land was taken as 90 square miles. Subsequently, in a statement of District Nagaur, Tehsil Nawa, villages Jabdinagar to Gohanpura, an area measuring 6620 bighas of lake got registered in the name of Government which was later on allotted at the level of District Administration for manufacturing of salt to various parties. Information furnished by Commissioner Jaipur shows that 730 bighas land was allotted to former Jagirdas; from 1996 to 1998, District Administration allotted 1100 bighas land to various private parties for manufacturing of salt and 4790 bighas 68 land out of 6620 bighas was still in possession of the applicant i.e., M/s. Sambhar Salt Limited. However, litigation was going on in different Courts in respect of said land.
71. Enquiry Officer found problem of encroachment of Sambhar Lake broadly in Tehsil Nawa District Nagaur and Tehsil Kishangarh District Ajmer in respect of Sambhar Lake. Action sought to be taken but effective measures could not be taken due to pendency of litigation or other reasons.
72. For demarcation of lake area, District Magistrate, Nagaur sent a letter to Land Management Commissioner who vide letter dated 16.07.2003 directed Land Management Officer, Jodhpur to complete demarcation of the boundary. However, nothing proceeded in the matter and due to uncertainty of the demarcated boundary of Sambhar Lake, problem of encroachment continued.
73. Considering the issue of illegal extraction of lake brine/saline water from Sambhar Lake and its adverse effect, it was observed in the Report that due to insufficient rains, lake used to remain dry for 8 to 10 months; private salt manufacturers have installed borewells in the lake and also laid long pipelines of 4 to 5 km for taking away lake water which is nothing but theft of the saline/lake brine. Most of the illegal activities of illegal boring and encroachment are in Tehsil Nawa District Nagaur, but no effective action has been taken by the concerned authorities. In some cases, where complaints and FIRs were lodged with the Police also, no effective action was taken by them. For salt manufacturing activities of private operators, electric connections have also been given for extraction of lake brine which is illegal. Enquiry Officer observed that since activities of illegal manufacturing of salt is after installation of borewells and laying 69 down pipelines, action for non-supplying of electricity has to be taken effectively by AVVNL. Enquiry Officer made its recommendations as under:
(i) A new map should be prepared by overlapping current map of New Tehsil on the old map of Sambhar Salt Limited so that current situation may be clear. Thereafter lake area should be demarcated afresh. To get accurate information about the area of the lake and recording in revenue record, a special team of Land Management Department should be constituted and measurement should be done.
(ii) A police station should be set up for security of the lake, the expenses of which should be borne by M/s. Sambhar Salts Ltd.
(iii) After demarcation of Sambhar Lake, Sambhar Salts Ltd. around the land (wherever it deems appropriate), should dig a deep trench (hard soil excavation) so that neither illegal exploitation of water from Sambhar Lake area nor any other illegal activity may take place in future and at present the private salt entrepreneurs who are doing illegal exploitation through underground borewells and pipelines or who have encroached on the land of Sambhar Salt Area will also automatically be removed as after digging a deep trench, the pipe lines that come up during digging can be removed by breaking them and in future no one will cross the trench and lay underground pipe lines and the inflow of water will also remain in Sambhar Lake.
Where there is a possibility of encroachment and illegal exploitation, ditches should be dug on priority keeping in mind that there should be no adverse impact on the inflow of water into Sambhar Lake.
(iv) A joint team of District Administration, Police Administration, Sambhar Salt Limited, AVVNL should be formed and action should be taken to forcibly remove illegal encroachments from the land of 70 Sambhar Lake where illegally constructed borewell, tube well/illegally laid pipe line/illegally laid electric lines/connections etc. are existing/continuing.
(v) Officials of AVVNL should aggressively run a campaign to ensure that the electric connection is not given/obtained illegally. At various places bare electrical wires should be inspected and seized thoroughly and should be effectively prevented so as not to be repeated in the future. Whenever administrative help is required, the local administration or district police administration should promptly provide help.
(vi) For a permanent solution to the issues related to Sambhar Salt Ltd, it is proposed to constitute a three-tier committee which could be as follows:
State Level Committee- This committee should be formed under the Chairmanship of Principal Secretary of Industries Department, in which Revenue Secretary, Energy Secretary, Home Secretary, Chairman and Managing Director of Sambhar Salts Ltd. will be the members and Commissioner of Committee can be Member Secretary of the Industries Department. The meeting of this Committee should be held as per requirement and at least once in three month.
District Level Committee - A committee should be constituted at the district level under the Chairmanship of Collector and which includes Superintendent of Police, General Manager of Sambhar Salt Limited, Additional District Collector, Sub-
Divisional Officer of the concerned subdivision, Superintending Engineer Electricity Corporation, Superintending Engineer Public Health Department, General Manager of District Industries Center can be a member and its Member Secretary 71 can be Sub-Divisional Officer of the concerned sub-division. The meeting of this committee should be held as per requirement and at least once in a month.
Subdivision Level Committee- A Committee can be formed under Chairmanship of the Sub-division Officer of the concerned sub-division, in which the Deputy Superintendent of Police, police officer of concerned Police Station, Engineer/Assistant Engineer of Electricity Corporation, Executive Engineer/Assistant Engineer of Public Health Department, Tehsildar, Municipal Inspector, Property Officer, Sambhar Salts Limited can be Members and Tehsildar can be Member Secretary of this Committee. Meeting of this Committee should be held as per requirement and at least once in fifteen days.
(vii) Watch towers of sufficient height should be built at many places on the border of Sambhar Lake, sufficient employees should be deployed and these employees should be provided with adequate resources like binoculars, Mobile phones etc. should be made available.
(viii) To prevent encroachment by illegal boring in Sambhar Lake area, adequate security staff should also be kept by Sambhar Salts Limited who can effectively monitor and prevent encroachment.
(ix) To prevent illegal use of electricity connections, constitute a Vigilance team and make a regular monitoring and take action against the guilty persons.
(x) A special campaign for one month should be conducted to remove present illegal borewells and encroachment being constructed in Sambhar Salt area and even after that, special monitoring should be ensured.72
(xi) Before ordering for the conversion of the agricultural land near Sambhar Salt area in to salt producing, conditions should be laid for checking brine present in the land and in the areas where brine is not available. For such agricultural land, it would be appropriate to review the validity of conversion for salt production.
(xii) New rules should be made for conversion of agricultural land to non-
agricultural land. In the said rules, provision for conversion should be made only after ensuring availability of brine in agricultural land. Unless new rules are not formulated production of salt should be banned.
(xiii) The conversion of land around the Sambhar Lake for the production of salt should not be done by District Collector, other Revenue Officers and Sub-Divisional Officer, Tehsildar. Permission to construct salt production industries on the bank of the lake should not be given by Industries Department and District Industries Nagaur and Ajmer. In District Jaipur no permission has been accorded nor any such approval shall be granted in future.
(xiv) Sivachak and Gochar land of the State Government in the periphery area of Sambhar Lake area should not be allotted for salt production.
(xv) Efforts should be made to quickly resolve Judicial/revenue dispute of land of Sambhar Salts Limited (6020 bigha land) in Sambhar Lake area.
(xvi) Local Administration and Sambhar Salt Limited should inspect illegal and open borewells in Sambhar Lake and ensure their closure as per the guidelines of Supreme Court.
(xvii) Measurement of the land converted for salt production as per the rules on the periphery of Sambhar Lake should be ensured so that it can be ascertained whether the land of the lake has been 73 encroached upon or not. If encroachment is found then steps for eviction should be taken from the encroached land. (xviii) A working group was constituted by State Government in the year 1992 to study the reverse potential of Sambhar Salt Ltd. This group suggested that Sambhar Salts Ltd. be acquired by State Government. In this regard, earlier a letter had also been written to the Central Government from State Government level. In the present context, considering the facts revealed in the investigation and the status of performance of Sambhar Salts Limited, this point can also be seriously reconsidered and in this regard Central Government can be written again and talks can be held. As per requirement Meetings can also be held at higher levels.
74. The complaint of ecological operation and damage of Sambhar Lake in State of Rajasthan was brought to the notice of this Tribunal in OA 72/2016(CZ) (supra) and OA 92/2016(CZ), (supra). Both these matters were considered on various dates and in the order dated 20.09.2017, Tribunal observed that as per the requirement of Ramsar Sites, concerned States were required to send reports about the sites once in every six years to MoEF. However, no such reports were received by States Government since 1990 till the date of the order i.e., 20.09.2017. Tribunal adversely commended and observed that it is matter of grave concern that after notification of Sambhar Lake as Ramsar Site in 1990 neither MoEF nor State of Rajasthan cared to know the status of Sambhar Lake as no reports were ever prepared. Further Sambhar Lake which was said to be wetland of international importance was completely neglected as a result whereof Sambhar Lake by the time of the order dated 20.09.2017 was also dead because of large scale unauthorized salt manufacturing in and around Sambhar Lake. Tribunal also observed that Ramsar site report for 74 Sambhar Lake required to contain informations which part of the order, we have already quoted above.
75. Tribunal also noticed that State Government was even unaware about the exact extent of the Lake as there was no demarcation of the boundary of site on the ground. Tribunal, therefore, directed MoEF to send concerned officials from National Wetland Committee and other experts including those from National Wildlife Board to Sambhar Lake to assess current status of Sambhar Lake.
76. Commenting adversely upon State Government, Tribunal said:
"The State of Rajasthan has also been guilty of completely neglecting the Sambhar Lake. It is surprising that despite the fact that the Sambhar Lake is rich in Flamingoes, migratory and other residential birds and other rare and threatened species Sambhar Lake the was not declared as Bird Sanctuary or National Park. In fact the responsibility of looking after Sambhar Lake has not even been assigned to the Forest and Wildlife Department and it was rather left to be taken care of by the Revenue Authorities. In fact no specific responsibility has been assigned to any agency for the protection and management of Sambhar Lake for the last 25 years as the Rajasthan Lake Development Authority came into being only in 2015 who has been assigned responsibility for protection, preservation and management of all the Water bodies and Wetlands in the State. The Officer from the MoEF stated that Ministry has been funding schemes prepared for management of Sambhar Lake eco- system and the fund was being regularly sent to the Environment Department of the State. However, there is no sign of any activity in the area. We direct the State of Rajasthan to submit the details of the funds received year-wise from the MoEF for the management of Sambhar Lake and the details of the year wise expenditure incurred till date.
The Joint Director of the MoEF has placed the Remote Sensing Data of Sambhar Lake for our perusal. This includes Wetland map of Sambhar Lake and salient observations of the lake from supplied data which are as below :
Table 45 : Salient observations of Sambhar Lake from Satellite Data Name Sambhar Lake Location 26º51'56" to 27º03'19" N Latitude 27º53'30" to 75º14'14" E Longitude 75 Wetland Type Lake/Pond Wetland Area : 24294 ha Perimeter 229 km Open-water Post-monsoon : 17866 ha Pre-monsoon : 16601 ha Vegetation Post-
monsoon : Pre- NIL
monsoon : NIL
Overall High
Turbidity :
They have also placed plan showing stream and branches flowing in salt lake which was enclosed along with the original proposal dtd. 03.06.1989 sent to the MoEF."
77. Having said so as noticed above, Tribunal directed that copies of the data and maps be submitted to the officials of Local Self Department of Rajasthan and Rajasthan Lake Development Authority to compare the same along with the current revenue map of Sambhar Lake so as to find out the exact extent of Sambhar Lake. When the above matter was pending, OA 1020/2019, was registered suo-moto by Tribunal on a News Item Published in 'Hindustan Times' Authored by Rakesh Goswami titled as "Sambhar's ecology among worst: Report. It was informed to Tribunal that a comprehensive Environment plan was prepared and approved by Standing Committee for management of Sambhar Lake constituted under Chairmanship of Chief Secretary, Rajasthan hence Tribunal vide judgment dated 18.03.2021 while disposing of OA directed that the said plan be sent to National Wetland Committee for approval since Sambhar Lake is a Ramsar site. National Wetland Committee was directed to finalise the matter within one month from the date of receipt of plan. Based on the decision of National Wetland Committee, Tribunal directed State Authorities to take further action. It also said that planned activities will be continued, pending and subject to approval of National Wetland Committee.
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78. The above order was considered by Tribunal in OA 72/2016(CZ) (supra) and OA 92/2016(CZ) (supra) and in view of the directions issued by Tribunal vide order dated 18.03.2021, it was observed that no further direction was required to be passed and both OAs were disposed of.
79. It has come before us that this Tribunal in Joint Committee's report submitted pursuant to order dated 07.12.2022 passed in this OA that comprehensive plan was submitted to Member Secretary, National Wetland Committee for approval on 26.03.2021.
80. It was considered at the Wetland Division of MoEF and vide letter dated 28.04.2021 which is annexure-V to the Joint Committee Report filed pursuant to order dated 07.12.2022 required State Wetland Authority to address some omission noted in the said letter and submit revised comprehensive management plan. The omissions mentioned in the MoEF&CC's letter dated 28.04.2021 reads as under:
"a) The chapter 4 on recommendations should be the basis of developing specific action plan. At present, Chapter 4 and 5 are not harmonized. Some notable omissions are:
i. Constitution of Sambhar Wetland Authority as recommended in Chapter 4 is not mentioned in Chapter 5.
ii. Creation of a regulatory framework as mentioned in Chapter 4 does not find a reference in Chapter 5. Notification of Sambhar under Wetlands (Conservation and Management) Rules, 2017 should be included as a priority action.
iii. Constitution of Technical and Community Consultation Committee as recommended in Chapter 4 have not been followed up in Chapter 5. These are important recommendations to ensure that management of the wetland receives timely expert and stakeholder input.
iv. The proposal to formulate and Implement a water allocation plan recommended in Chapter 4 has not been reflected in Chapter 5. This is a critical step to ensure that water allocation of ecological and human purposes is balanced. This also includes assessing the current agriculture and irrigation policies and programmes in the region, as has been identified in Chapter 4.77
v. Chapter 4 recommends several measures for regulating socio-economic pressures on the wetland. Chapter 5 however has a bias towards regulatory measures, without addressing the commensurate livelihood needs of the wetland dependent communities. It is recommended that Chapter 5 takes the socio-economic and livelihood dimensions, and creates mechanisms for community stewardship of the Ramsar site.
b) The management action plan may be organized into components and specific actions that would align with each component.
Activities may be clarified in terms of what is to be done, how much (physical targets), where (location, preferably indicated in a map), and who will implement.
c) A monitoring plan for the site should also be included. Specific parameters to be monitored, the agency responsible for monitoring, frequency of data collection and reporting should be clearly mentioned.
d) The action plan may be backed up with a budget - and an analysis of sources of financing.
e) In the current format, the document may be treated as a framework management plan- during the first year, the document may be converted into a comprehensive management plan as per the methods recommended in the NPCA guidelines."
81. We have been informed that thereafter nothing has proceeded further and the revised comprehensive plan by State of Rajasthan and its authorities has not been submitted to National Wetland Committee for its approval till date.
82. This is a very unsatisfactory situation. Laxity of the part of the authorities of State Government can neither be satisfactorily explained nor any reason has been shown as to why the things could not have been materialized despite the fact that on 28.04.2021, MoEF&CC remitted to the matter to State Authorities for submission of revised Comprehensive Environment Management Plan and we have not been told as to why State Authorities could not do so in the last more than 2 and a half years. This is nothing but an attempt on the part of State Authorities to get Tribunal's order which required approval of Comprehensive Management Environment Plan within one month from National Wetland Committee 78 from the date of receipt of the Plan. It is true that situation of remand of the matter by MoEF&CC to State Authorities was not anticipated by Tribunal and, therefore, time plan has not been given in this regard but when Tribunal required the final approval within one month, at least, it must have been appreciated by State Authorities that the steps for finalization of Comprehensive Environment Management Plan are of utmost importance and urgency and keeping the matter pending for more than two and a half years, is neither in the spirit of the order nor otherwise appreciable.
83. We strongly condemn the concerned authorities in this regard and direct Chief Secretary to examine the matter, find out the person(s) guilty and responsible for such an action and take appropriate action including disciplinary proceedings against such guilty officers/authorities.
84. Now, second serious shortcoming in the matter is desilting of the core and buffer area of Sambhar Lake. It was informed to this Tribunal in OA 1020/2019 (supra) as noticed in the order dated 18.03.2021 that digital revenue map is being prepared by Environment Department in consultation with M/s. Sambhar Salts Limited and Land Settlement department with help of satellite imageries. Delineation of core and buffer area would be done and a detailed map would be submitted with details of core and buffer areas on map. Relying on the statement and representation made by Tribunal, no further direction in this regard was issued. From the Joint Committee Report submitted pursuant to order dated 07.12.2022 passed in present OA, it is mentioned that after order dated 18.03.2021, Department of Environment, Government of Rajasthan issued a Work Order dated 30.03.2021, engaging State Remote Sensing Application Centre (hereinafter referred to as 'SRSAC') for preparation of wetland inventory and assessment in State of Rajasthan. The scope of 79 work/conditions included broadly following:
"i. Digitized maps of 100 wetlands
ii. Demarcation of maximum & minimum water spread during last
10/20 years (Pre and Post monsoon)
iii. Delineation of wetland boundary, submergence area and catchment area of identified wetlands iv. Land use changes and analysis in 3Km buffer area from 2010 v. Identify hindrances and obstacles in inflow and encroachments in the area and other conditions."
85. Committee sought details of the work undertaken by SRSAC Jodhpur and it is mentioned in the Report that a presentation was placed before Joint Committee on 12.01.2023 at the salient features of the study, we have already reproduced above.
86. Joint Committee in its second meeting dated 12.01.2023 requested Department of Environment to furnish settlement map of Sambhar Lake falls in Nagaur, Jaipur and Ajmer Districts and to coordinate with Survey of India for obtaining the digital map, geo-referencing points to delineate and demarcate the boundary.
87. In reply thereto, Department of Environment, Government of Rajasthan vide letter dated 24.01.2023 has informed Joint Committee that no response was received from Survey of India on the availability of required maps. Settlement maps were also not provided by MoEF&CC stating that settlement maps are prepared Khasra number-wise and are of large size and required to prepare digital maps. As they are of large size, making their copies is not possible currently.
88. Department of Environment, State of Rajasthan vide letter dated 24.01.2023 also informed that demarcation of Sambhar Lake shall be done as per the direction of High Court of Jaipur, as per revenue settlement map, status of land-allotment/land conversion and industries report. After demarcation, Core and Buffer area shall be delineated. No order of 80 High Court has been placed before us which empowers Department of Environment not to proceed with demarcation of Sambhar Lake and delineation of Core and Buffer area. Why further proceedings have not been initiated in this respect, we find no satisfactory explanation on the part of the concerned department of State of Rajasthan.
89. Now, so far as damage to Sambhar Lake is concerned, it has come on record from Joint Committee Report that two drains carrying waste water of sewer drain leading to Sambhar Lake directly are there; one is Nagar Palika Nala 01, Khakarki road, Nawa City, Nagaur; and second is Nagar Palika Nala 02, Near ITI Center, Khakarki Road, Nawa City, Nagaur; water quality of Lake is Class 'D' and does not meet the standards and various parameters for large number of items like pH, high salinity, low dissolved oxygen and high concentration of biological oxygen demand etc.
90. With regard to encroachment also, Report clearly demonstrates large number of encroachments which have not been effectively dealt with by the concerned District Level Authorities.
91. These facts clearly demonstrate continued, persistent, unbridled and unchecked damaging and deteriorating activities in Sambhar Lake of State of Rajasthan adversely affecting the wetland of International importance and these activities are also in utter violation of the covenants of international resolutions and conditions which the contracting country has to observe once on its request, a wetland has been included in the list of Ramsar Sites i.e., wetlands of international importance.
92. The importance of wetland was considered in Appeal No. 54/2018, H.P. Ranjanna vs. Union of India & Others and other connected matters. In para 94 and 95, this Tribunal observed as under:
"94. The wetlands have been considered to be one of the most 81 protective Eco-System on the earth as it provide many services to human society. Wetlands are part of landscape that are defined by the presence of water. Wetlands are area where presence of water determines or influences most, if not all of any area's bio- geochemistry i.e. the biological, physio and chemical characteristics of the wetlands. Wetlands are actually biologically diverse and productive ecosystems, home to a variety of plant life, including floating pond lilies, cattails, cypress, tamarack, and blue spruce. In other words, wetlands support diverse communities of invertebrates, which in turn support a wide variety of birds and other vertebrates. Many ecologically and economically important species call wetlands, home for at least part of their lives. Wetlands are also critical habitat for migratory birds and waterfowl, including ducks, egrets, and geese. It is said that only 6% of Earth's surface is covered by wetlands, but provide a disproportionately high number of ecosystem services, in addition to maintaining biodiversity. In a study conducted by Cherry J. A. in 2011, published under heading of "Ecology of Wetland Ecosystems: Water, Substrate, and Life", it was observed, "to be classified as a wetland, presence of water must contribute to the formation of hydric soils, which are formed under flooded or saturated conditions persisting long enough for the development of anaerobic conditions during the growing season; water conditions in wetlands can vary tremendously with respect to the timing and duration of surface water inundation as well as seasonal patterns of inundation".
95. Importance of wetlands was recognized internationally when "Convention on Wetlands of International Importance" was held in 1971, commonly known as "Ramsar Convention" since it was held at a small Iranian town of Ramsar. In "Ramsar Convention", a wide variety of natural and human made habitat types, ranging from rivers to coral reefs were classified as wetlands. India was signatory to the said Convention."
Statutes Applicable in India for Managing Wetlands:
93. Recognizing importance of wetlands and being signatory to Ramsar Convention, in National Environment Policy, 2006, ecological services provided by wetlands were recognized. It was emphasized that a regulatory mechanism consistent with Ramsar Convention should be set up to maintain ecological character of identified wetlands and develop national inventory of such wetlands. It was given a statutory shape in 2010 when Wetlands (Conservation and Management) Rules, 2010 (hereinafter referred to as 'Wetland Rules, 2010') were made by Government of India 82 in exercise of powers under Section 25 read with Section 3 (1)(2)(v) and sub-section 3 of EP Act, 1986. The said Rules were published in Government of India's Gazette Extraordinary, dated 04.12.2010. The term 'Wetland' was defined in Rule 2(g) as under:
"(g) "wetland" means an area or of marsh, fen, peatland or water; natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water, the depth of which at low tide does not exceed six meters and includes all inland waters such as lakes, reservoir, tanks, backwaters, lagoon, creeks, estuaries and manmade wetland and the zone of direct influence on wetlands that is to say the drainage area or catchment region of the wetlands as determined by the authority but does not include main river channels, paddy fields and the coastal wetland covered under the notification of the Government of India in the Ministry of Environment and Forest, S.O. No. 114(E), dated the 19th February, 1991 published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section
(ii) of dated the 20th February, 1991;"
94. Wetlands, protected and regulated by Wetland Rules, 2010, were described in Rule 3, as under:
"3. Protected wetlands. -Based on the significance of the functions performed by the wetlands for overall well being of the people and for determining the extent and level of regulation, the following wetlands shall be regulated under these rules, namely:-
(i) wetlands categorised as Ramsar Wetlands of International Importance under the Ramsar Convention as specified in the Schedule;
(ii) wetlands in areas that are ecologically sensitive and important, such as, national parks, marine parks, sanctuaries, reserved forests, wildlife habitats, mangroves, corals, coral reefs, areas of outstanding natural beauty or historical or heritage areas and the areas rich in genetic diversity;
(iii) wetlands recognised as or lying within a UNESCO World Heritage Site;
(iv) high altitude wetlands or high altitude wetland complexes at or above an elevation of two thousand five hundred metres with an area equal to or greater than five hectares;83
(v) wetlands or wetland complexes below an elevation of two thousand five hundred metres with an area equal to or greater than five hundred hectares;
(vi) any other wetland as so identified by the Authority and thereafter notified by the Central Government under the provisions of the Act for the purposes of these rules."
95. Wetland Rules, 2010 contemplated constitution of an Authority, namely "Central Wetlands Regulatory Authority", defined in Rule 2(e), to be constituted under Rule 5. Restrictions and activities within wetlands were provided in Rule 4. Sub-rule 1 of Rule 4 provided the activities which are completely prohibited within the wetlands. Sub-rule 2 of Rule 4 gives detailed activities which could be undertaken with prior approval of State Governments within the wetlands. Sub-rule 3 of Rule 4 conferred power upon Central Government to permit any of the prohibited activities or non- wetland use in the protected wetland on the recommendation of the Authority.
96. Rule 7 provided about other wetlands governed by different Statutes as to how the same shall be regulated. It read as under:
"7. Overlapping provisions.-(1) The wetlands within the protected areas of the National Parks and Wildlife Sanctuaries shall be regulated by the provisions of Wildlife (Protection) Act, 1972 (35 of 1972).
(2) The wetlands within the protected or notified forest areas shall be regulated by the provisions of the Indian Forest Act, 1927 (16 of 1927); the Forest (Conservation) Act, 1980 (69 of 1980); and the Environment (Protection) Act, 1986 (29 of 1986).
(3) The gaps in the regulation of wetlands within the protected and notified forest areas, if any, under the provisions of the Indian Forest Act, 1927; Wildlife (Protection) Act, 1972; and Forest (Conservation) Act, 1980; shall be plugged by invoking provisions of the Environment (Protection) Act, 1986.
(4) The wetlands situated outside the protected or notified forest areas referred to in sub-rule (2) shall be regulated by the relevant provisions of the Environment (Protection) Act, 1986 (29 of 1986)."84
97. In supersession of Wetland Rules, 2010, another set of Rules have been framed i.e., Wetland (Conservation and Management) Rules, 2017 (hereinafter referred to as 'Wetland Rules 2017') published in Government of India's Gazette Extraordinary, dated 26.09.2017. The reasons for framing aforesaid Rules are broadly same as were contained in Wetlands Rules, 2010. It says that Wetlands, vital parts of the hydrological cycle are highly productive Eco-systems which support rich bio-diversity and provide a wide range of Eco-system services such as water storage, water purification, flood mitigation, erosion control, aquifer recharge, micro-climate regulation, aesthetic enhancement of landscapes while simultaneously supporting many significant recreational, social and cultural activities, being part of India's rich cultural heritage. And wetlands are threatened by reclamation and degradation through drainage and landfill, pollution (discharge of domestic and industrial effluents, disposal of solid waste), hydrological alteration (water withdrawal and changes in inflow and outflow), over-exploitation of natural resources resulting in loss of bio-diversity and disruption in eco-system services provided by wetlands. Referring to Article 51 A (g) of the Constitution, Notification states that it is stipulated in the aforesaid constitutional provision that it shall be the duty of every citizen of India to protect and improve natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. It also refers to India as a signatory to Ramsar Convention on Wetlands and committed to conservation and wise use of all wetlands within its territory. Giving reason for framing of new set of Rules after promulgation of Wetlands Rules, 2010, Notification of 2017 said:
"And whereas conservation and wise use of wetlands can provide substantial direct and indirect economic benefits to state and national economy, and thereby the Central Government stands committed to mainstreaming full range of wetland biodiversity 85 and ecosystem services in development planning and decision making for various sectors;
And whereas the State Governments and Union Territory Administrations need to take into account wetland ecosystem services and biodiversity values likewise within their developmental programming and economic well-being, also taking into cognizance that land and water, two major ecological constituents of wetland ecosystems, are enlisted as State subjects as per the Constitution;
And whereas the Central Government considered it necessary to supersede the Wetlands (Conservation and Management) Rules, 2010 for effective conservation and management of wetlands in the country;
And whereas the Central Government had, in exercise of the powers conferred by section 25, read with sub-section (1) and clause
(v) of sub-section (2) and sub-section (3) of section 3 of the Environment (Protection) Act. 1986, published the draft Wetlands (Conservation and Management) Rules, 2016, vide number G.S.R. 385 (E) dated 31st March, 2016 for information of the public likely to be affected thereby; and notice was given that the said draft rules would be taken into consideration by the Central Government after expiry of a period of sixty days from the date on which copies of the Gazette notification is made available to the public;
And whereas the Central Government has received the suggestions and objections from the State Governments, Union Territories and its organizations, individuals and civil society organizations on the draft Wetlands (Conservation and Management) Rules, 2016;
And whereas the suggestions and objections received in response to the above mentioned draft rules have been duly considered by the Central Government in consultation with State Governments and Union Territory Administrations."
98. Rule 2 defines certain terms used in Wetland Rules, 2017. The relevant terms "Authority", "Committee", "Ecological Character", "Integrated Management Plan", "Wetlands Complexes", "Wise use of wetlands" and "Zone of influence" are defined under:
"2. Definitions.-
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Environment (Protection) Act, 1986;
(b) "Authority" means the State Wetlands Authority or Union Territory Wetlands Authority, as the case may be;86
(c) "Committee" means the National Wetlands Committee referred to in rule 6;
(d) "ecological character" means the sum of ecosystem components, processes and services that characterise the wetlands;
(e) "integrated management plan" means a document which describes strategies and actions for achieving wise use of the wetland and the plan shall include objectives of site management; management actions required to achieve the objectives; factors that affect, or may affect, the various site features; monitoring requirements for detecting changes in ecological character and for measuring the effectiveness of management; and resources for management implementation;
(f) "Ramsar Convention" means the Convention on Wetlands signed at Ramsar, Iran in 1971;
(g) "wetland" means an area of marsh, fen, peat land or water;
whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters, but does not include river channels, paddy fields, human-made water bodies/tanks specifically constructed for drinking water purposes and structures specifically constructed for aquaculture, salt production, recreation and irrigation purposes;
(h) "wetlands complexes" means two or more ecologically and hydrologically contiguous wetlands and may include their connecting channels/ducts;
(i) "wise use of wetlands" means maintenance of their ecological character, achieved through implementation of ecosystem approach within the context of sustainable development;
(j) "zone of influence" means that part of the catchment area of the wetland or wetland complex, developmental activities in which induce adverse changes in ecosystem structure, and ecosystem services.
(2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the meanings assigned to them in the Act."
(Emphasis added)
99. 'Applicability of Rules' is provided in Rule 3 of Wetland Rules, 2017 as under:
"3. Applicability of rules. -- These rules shall apply to the following wetlands or wetlands complexes, namely: -87
(a) wetlands categorised as 'wetlands of international importance' under the Ramsar Convention;
(b) wetlands as notified by the Central Government, State Government and Union Territory Administration:
Provided that these rules shall not apply to the wetlands falling in areas covered under the Indian Forest Act, 1927, the Wild Life (Protection) Act, 1972, the Forest (Conservation) Act, 1980, the State Forest Acts, and the Coastal Regulation Zone Notification, 2011 as amended from time to time."
100. Restrictions of activities are provided in Rule 4 and to some extent it is different from Rule 4 of Wetland Rules, 2010. Rule 4 of Wetlands Rules, 2017 reads as under:
"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.
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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."
(Emphasis added)
101. Wetland Rules, 2017 contemplate "Wetland Authorities" in every State to be constituted by Central Government as "State Wetlands Authority" and composition thereof is given in Rule 5 sub-rule (i). Sub- rule (ii) of Rule 5 contemplates "Union Territory Wetland Authority" for each Union Territory which is also to be constituted by Central Government and its composition is given therein. Rule 5 sub-rule (4) gives details of the powers and functions to be performed by State/Union Territory Wetlands Authorities. Rule 6 (1) talks of a "National Wetland Committee" to be constituted by Central Government and composition thereof is given therein. Rule 6 sub-rule 3 thereof gives details of the functions of National Wetland Committee. Rule 7 makes it obligatory to the concerned department of State Government/Union Territory Administration to prepare a 'Brief Document' for each of the wetland identified for notification within one year from the date of publication of Wetland Rules, 2017, giving details as provided in sub-rule (i). Rule 7 reads as under:
"7. Delegation of powers and functions to the State Governments and Union Territory Administrations.--
(1) The concerned Department of the State Government or Union Territory Administration shall, within a period of one year from the date of publication of these rules, prepare a Brief Document for each of the wetland identified for notification, providing:--
a) demarcation of wetland boundary supported by accurate digital maps with coordinates and validated by ground truthing;
b) demarcation of its zone of influence and land use and land cover thereof indicated in a digital map;
c) ecological character description;
d) account of pre-existing rights and privileges;
89
e) list of site-specific activities to be permitted within
the wetland and its zone of influence;
f) list of site specific activities to be regulated within
the wetland and its zone of influence; and
g) modalities for enforcement of regulation;"
(Emphasis added)
102. Based on the aforesaid 'Brief Document', concerned authority is required to make recommendation to State Government or Union Territory Administration, as the case may be, for notifying 'wetlands', vide sub-rule (2) of Rule 7. Thereafter, State Government or Union Territory Administration, as the case may be, after considering objections, if any, from concerned and affected persons, notify 'wetlands' in the Official Gazette within a period, not exceeding 240 days from the date of recommendation by the Authority.
103. Therefore, for identification of 'wetland' and issue of a notification, a specific time schedule is provided in Wetland Rules, 2017. The identification has to be made within one year of publication of Rules.
Since, Rules were published in Gazette dated 26.09.2017, process of identification had to be completed by 26.09.2018. The recommendation is to be made after giving opportunity of objections. The notification has to be issued in 240 days and not beyond that. These 240 days would commence from the date of recommendation.
104. In respect of 'wetlands' of transboundary, i.e., more than one State, Central Government will coordinate for preparation of 'Brief Document' and based on the 'Brief Document', National Wetland Committee is required to make recommendation to Central Government who shall notify "Identified Wetland" within a period not exceeding 240 days after considering objections, if any, from concerned and affected persons. 90
105. MoEF&CC in order to support State Government/Union Territories in the implementation of Wetland Rules, 2017 has issued certain Guidelines titled as "Guidelines for implementing Wetlands (Conservation and Management) Rules, 2017". These Guidelines were prepared by a Committee constituted by MoEF&CC vide OM dated 10.08.2018. The Committee submitted a draft final version of Guidelines to MoEF&CC on 05.12.2018 and, thereafter, Guidelines were sent for comments to all State Governments and UT Administrations and after receiving their comments, the same were considered and, thereafter, Guidelines were finalized and communicated to all concerned in 2019 and published and circulated on 03.01.2020.
106. These Guidelines provide that once wetland is identified and notified under Wetland Rules, steps for delineating wetlands and Zone of Influence shall be taken.
107. With regard to delineating wetlands, Guidelines in para 26 to 31 reads as under:
"26. For delineating wetlands, it is essential to be aware of the distinguishing characteristics of these ecosystems. Wetlands arise when inundation by water produces soil dominated by anaerobic processes, which in turn forces the biota, particularly rooted plants to adapt to flooding. Wetlands, thus, have the following general distinguishing characteristics:
a) Permanent or periodic inundation or saturated soils throughout the year or during parts of the year
b) Presence of macrophytes adapted to wet conditions (also known as hydrophytes)
c) Soil that are saturated or flooded long enough favouring development of anaerobic conditions
27. Water creates wetlands. The biological composition of wetlands, from fish to migrating waterbirds, depends on the ways water moves within a wetland. The amplitude and frequency of water level fluctuations are probably the most critical factors affecting the composition and functioning of wetlands. Hydrological 91 regimes may, therefore, be used as the primary delineation characteristics for defining wetland boundary.
28. Wetlands boundary can be derived as the outer envelope of the maximum area under inundation, the area covered by hydrophytes, or saturation of soil near the surface during a normal monsoon year. The boundary should be such that during a normal monsoon year, the entire area is inundated for at least 15 days, or the soil is saturated roughly within one foot from the surface. It may be pertinent to exclude areas that are only intermittently inundated in the case of high floods (such as one in 100-year floods) or extreme events (such as storm surges of extreme intensity).
29. Where two or more wetlands exist with a high degree on hydrological connectivity (for example, wetlands connected during monsoon), or ecological connectivity (sharing waterbird habitats or located on migratory fish pathways), these can be delineated as a single complex. In such cases, non-wetland areas may be included within the boundary of the complex to ensure connectivity and continuity. The connotation of wetland throughout this document includes wetlands complex, as may be the case.
30. For each wetland and wetlands complex, a map should be prepared using a Geographical Information System (WGS84 datum and UTM (Universal Transverse Mercator) projection) and adopting professional cartographic standards. Essential features to be included in the map are as follows:
a) Wetland boundary
b) The boundary of settlements located within and around the wetland
c) Connecting drainages, inflows and outflows
d) Main roads and railway (if any)
e) Major landmarks
31. Recommended scale for producing the wetlands maps is as follows:
Wetland / Wetlands complex area Recommended scale Below 100 ha 1: 4000 Between 100 - 500 ha 1: 10,000 Between 500- 4000 ha 1: 25,000 4000 ha and above 1: 50,000 These scales have been recommended on the basis of spatial data available for preparing wetlands maps and details that may be extracted for management planning and monitoring decisions. Resources at 2 LISS IV data that may be used for preparing map of wetlands below 100 ha renders an approximate scale of 1:4000. Even larger wetlands can be mapped using finer resolution data. However, for expedience and cost effectiveness, a lower scale may be sufficient for meeting management needs."
108. On the issue of delineating zone of Influence, para 32 to 36 of the 92 Guidelines reads as under:
"32. For each wetland to be notified, a zone of influence is to be defined. The zone of influence of a wetland is an area, developmental activities wherein are likely to induce adverse changes in wetland ecosystem structure and (ecological) functioning.
33. The boundary of the zone of influence may be defined with due consideration to local hydrology and nature of land use. For wetlands with a well-defined surface drainage system, its directly and freely draining basin should be delineated as the zone of influence. This can be done using a suitable digital elevation model data and validated using toposheets. The basin should encompass all direct inflow as well as outflow areas. The river basin atlas of India (available at http://www.indiawris.nrsc.gov.in/wrpinfo/index.php?title=WR IS_Publications ) may be used to support the delineation.
34. For wetlands with diffused drainage and where the slope is too gentle leading to large basin area, the zone of influence can be delineated on the basis of features that are likely to influence wetland functioning adversely. These could be based on the outer periphery of adjoining settlements, or peripheral agricultural fields that drain directly into the wetland.
35. A map should be prepared to indicate the following elements in a Geographical Information System (WGS84 datum and UTM projection) and adopting professional cartographic standards:
a) Zone of influence
b) Wetland boundary
c) Connecting drainages, inflows and outflows
d) Main roads and railway (if any)
e) Major landmarks
36. The recommended scale at which the map of the zone of influence is to be produced is as follows:
Area of zone of influence Recommended
mapping scale
Below 100 ha 1: 4000
Between 100 and 500 ha 1: 10,000
More than 500 ha 1: 50,000 "
109. Guidelines also provides that wise use approach shall be adopted for management of wetlands. Guidelines refers to Ramsar Convention defining wise use of wetlands as "the maintenance of their ecological character, achieved through the implementation of ecosystem approaches, within the context of sustainable development".93
110. Ecosystem approach requires consideration of the complex relationship between various ecosystem elements and promotion of integrated management of land, water and living resources. Wise use, through an emphasis on sustainable development, calls for resource use patterns which can ensure that human dependence on wetlands can be maintained not only in the present but also in the future. Seen in totality, wise use is about maintaining and enhancing wetland values and functions to ensure the maintenance of the flow of benefits from wetlands (their ecosystem services) from an inter-generational equity point of view.
111. Guidelines also define the term "ecological character" and in para 39 says as under:
"39. Ecological character is "the combination of ecosystem components, processes and services that typify the wetland at a given point in time". Ecosystem components are living (biotic) and nonliving (abiotic) constituents of the wetland ecosystem. These include:
a. Geomorphic setting (landscape, catchment, river basin);
b. Climate (precipitation, wind, temperature, evaporation, humidity);
c. Physical setting (area, boundaries, topography, shape, bathymetry, habitat type and connectivity);
d. Water regime (inflow, outflow, balance, surface-groundwater interactions, inundation regime, tidal regime, quality);
e. Wetland Soil (texture, chemical and biological properties);
f. Biota (Plant and animal communities)"
112. Eco-system processes are dealt with by para 40 of the Guidelines as under:
"40. Ecosystem processes occur between organisms and within and between populations and communities, including interactions with the non-living environment that result in an existing ecosystem state and bring about changes in ecosystems over time. These include: Physical processes (water stratification, mixing, sedimentation, erosion); Energy - nutrient dynamics (primary production, nutrient cycling, carbon cycling, decomposition, oxidation-reduction); Processes that maintain animal and plant 94 population (recruitment, migration); and Species interaction (Competition, predation, succession, herbivory)."
113. Eco-system services are dealt with by para 41 of the Guidelines as under:
"41. Ecosystem services are benefits obtained by humans from ecosystems, categorized as: Provisioning (fisheries, use of aquatic vegetation for economic propose, wetland agriculture, biochemical products); Regulating (maintenance of hydrological regimes) and Cultural (recreation and tourism, spiritual, scientific and educational value). Supporting services are included within ecosystem processes."
114. What is not considered to be wise use of wetlands is provided in para 42 and 43 as under:
"42. A wetland use is not 'wise-use' if:
a. The intervention leads to adverse changes in ecosystem components and processes, such as:
i. Reduction in water flowing into the wetlands ii. Reduction in the area under inundation, or changes in inundation regime iii. Reduction and alteration of natural shoreline iv. Fragmentation of wetlands into small patches of water v. Reduction in water holding capacity vi. Degradation of water quality vii. Reduction in diversity of native species viii. Introduction or emergence of invasive species ix. Decline in wetlands resources, such as fish, aquatic plants, and water b. The intervention enhances some ecosystem services (such as food production values) while diminishing other ecosystem services (such as the ability of wetlands to moderate wetlands regime)."
43. Some examples of wetlands uses that may not be 'wise-use' are as follows:
Type of Intervention Ecosystem Ecosystem
wetland services likely to services likely
be enhanced to be
diminished
Lagoon Prawn Food provision Water regime
aquaculture by Livelihoods for moderation
creating wetlands Flood
enclosures dependent buffering
within the lagoon communities
area
95
Lake Impounding Increased water Ability to
water by availability for moderate
regulating human use floods
outflows
Marsh Construction of Transport Hydrological
road connecting regime
settlements moderation
located on the Flood
periphery buffering
Aesthetics
Urban Concretization of Aesthetic value Ability to
lake shoreline for Tourism and accommodate
beatification recreational monsoon
benefits flows
Habitat
values
115. 'Integrated Management Plan' is dealt with that item XIV in paragraph 67 to 71 which reads as under:
"67. Wetlands are one of the most embedded and interlinked ecosystems with human livelihoods and well-being. A balanced management approach, addressing biodiversity conservation values while providing for sustainable utilisation in a way compatible with the maintenance of natural properties of the ecosystem, needs to be adopted for these ecosystems. It is, therefore, recommended that management of each notified wetland (is guided by an "Integrated Management Plan". The plan refers to a document which describes strategies and actions for achieving 'wise use' of the wetland and includes objectives of site management; management actions required to achieve the objectives; factors that affect, or may affect, various site features; monitoring requirements for detecting changes in ecological character and for measuring the effectiveness of management; and resources for management implementation. Besides identifying resources, a management plan serves several important functions including generating baseline information, communication with stakeholders and ensuring compliance with regulatory frameworks and policy commitments.
68. While it is recognized that each wetland has its own distinctive ecological and hydrological features and thereby distinctive management needs, the following broad planning principles need to be kept in mind while formulating integrated management plans:
Integrated planning: Aquatic and terrestrial ecosystems are intimately linked by the process of the water flowing through them. Every land use decision has a consequence on water 96 availability. Delineating a basin or a coastal zone enables demarcation of a distinct hydrological unit which is the natural integration of all hydrological processes within its boundary and therefore an ideal and rational unit for soil, water and bio- resources conservation and management. Thus, management planning for wetlands should not be restricted to a defined administrative boundary, but rather take into account wider planning and management context of the basin or coastal zone within which the site is located.
The process of development and implementation of management plans for wetlands often needs to be accompanied by governance improvements at basin and coastal zone level. Such an approach underpins Integrated Lake Basin Management framework that calls for achieving 'sustainable management of wetlands through gradual, continuous and holistic improvement of basin governance, including sustained efforts for integration of institutional responsibilities, policy directions, stakeholder participation, scientific and traditional knowledge, technological possibilities, and funding prospects and constraints.
Achieving close relationship between planning and governance is critical, considering multiple stakeholder and sectoral interests which underlie and, to a large extent, structure wetland biodiversity and ecosystem service values, and the need to secure people's involvement and participation in basin- scale management for considerably long periods of time.
Reflection upon the following six pillars of basin-scale governance may thus be useful:
Institutions: Development of effective organisations and governance frameworks Policies: Setting broad directions and specific rules Participation: Expanding the circle of involvement Technology: Possibilities and limitations Information: Pursuing sources of knowledge and wisdom, and Finance: Seeking sustainable sources at the appropriate level Use of diagnostic approaches for defining management approach and actions: Given the uniqueness associated with each wetland, it is important that 'one size fit all' approach is replaced with a diagnostic approach, wherein the ecological, hydrological, socioeconomic and institutional features are comprehensively assessed and trends therein determined to be able to spell out management objectives and actions clearly.97
Adaptable management: Wetlands are influenced by a range of drivers and pressures that act at multiple spatial, temporal and political scales. Their management plan, therefore, needs to be accommodative of uncertainties and challenges. This can be achieved by using an adaptable management approach that allows for suitable modification of management based on continuous site monitoring and assessment of new information.
Stakeholder participation: The condition of any wetland is an outcome of actions by a range of stakeholders, which are linked to the ecosystem in a number of ways. Management planning, therefore, needs to recognise these linkages, and build a mechanism for participation of stakeholders in design, review and implementation processes.
Governance: Being located at the interface of land and water, wetlands are influenced by a range of developmental activities that take place within their direct and indirect basins and coastal zones. Institutional arrangements for managing wetlands need to be such that they are capable of integrating activities across multiple sectors (such as agriculture, water resources, forests, rural development, urban development, forests and wildlife and others), and balancing the needs of a group of diverse stakeholders while ensuring that ecological integrity of these fragile ecosystems is not adversely affected. In the above context, association of entities or individuals as 'Wetland Mitras' can encourage stakeholder participation and overall governance.
69. An integrated wetlands management plan can be developed in the following steps, thus enabling a systematic diagnosis of wetlands features and their governing factors to arrive at management objectives and activities.
Step Preamble Concise policy statement describing
1 the rationale for the application of
human, technical and financial
resources for the wetland
management
Step Description of Collation and synthesis of data to
2 wetland features describe: wetland location and
extent, catchment, hydrological
regimes, biodiversity, ecosystem
services, socioeconomic and
livelihoods
Step Evaluation of Based on the description of
3 wetland features features, identification of priority
wetland features that need to be
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maintained, and key threats that
adversely affect these features
Step Institutional Provide an overview of the
4 arrangements current institutional
arrangements in the context of
wetlands management;
Discuss why the current
institutional arrangements are
insufficient in ensuring wetlands
conservation and wise use;
Propose institutional
arrangement for wetland
management, with specific focus
on:
a) Nodal Agency
b) Role of various departments
and agencies and
coordination mechanism, and
c) Role of civil society and
communities.
Develop an organogram for
management plan
implementation.
Regulatory regime specifying
activities prohibited within
wetlands, activities to be
regulated within wetlands and
zone of influence and regulation
thresholds and activities
permitted.
Step Setting Provide a statement of the overall
5 Management goal that the management plan
Objectives seeks to achieve;
Summarize the ecological and
economic benefits that are
expected from management plan
implementation;
Enlist specific objectives;
Describe strategy(ies) for
achieving each of the
management objectives;
Provide a strategy for
implementing regulatory regime
- including list of activities liable
to be prohibited, regulated and
permitted within the wetland
(wetlands complex)
Step Monitoring and Present an overview of
6 Evaluation Plan monitoring the wetland, and
management plan
implementation;
Describe monitoring parameters,
the frequency of monitoring and
99
the agency that will be
responsible for monitoring;
Describe how coordination
between different monitoring
agencies will be achieved;
Discuss the infrastructure and
human resource requirement for
implementing the management
plan. (As far as possible, include
local universities, research
organizations and NGOs in
wetlands monitoring);
Discuss the frequency in which
reporting shall be done and the
responsible agency; Discuss
how the monitoring outcomes
will be used to adapt
management
Step Action Plan Listing of management components
7 and specific activities to achieve
management objectives. For each
activity, implementation location,
prioritisation, implementing agency
and timeline should be specified.
Step Budget Assessment of financial resources
8 required for implementing the
management plan and sources of
funds.
70. The management plans should be presented to the Wetlands Authority. The implementation shall begin only after receiving their endorsement. Management plans for Ramsar Sites and transboundary wetlands shall also be reviewed and endorsed by the MoEF&CC.
71. The diagnostic management planning process, as described above, may also be used to guide management of wetlands excluded from notification under Wetlands Rules."
116. Though Wetlands Rules were framed in 2010 and substituted by new set of rules in 2017, still neither Authority as contemplated under Rules 2010 was constituted nor wetlands were identified and notified for a long time, following procedure prescribed therein. 100
117. This issue came up before Supreme Court in M.K. Balakrishnan vs. Union of India, Writ Petition No. 230 of 2001. Here a Writ Petition under Article 32 of Constitution of India was filed in 2001, seeking for appropriate directions for conservation of wetlands. Supreme Court vide order dated 26.03.2009 (reported in (2009) 5 SCC 507) observed that wetlands would include ponds, tanks, canals, creeks, water channels, reservoirs, rivers, streams and lakes. Court, suo-moto, expanded scope of writ petition. It further said that there is acute shortage of water in India and one of the main reasons therefore, is that stock water conservation bodies like ponds, tanks etc. have been filled up by some greedy persons by constructing building, shops etc. Court said that rivers in India are drying up, ground water is repeatedly depleted and canals are polluted. Court issued notice to Secretary, Ministry of Science and Technology, Union of India inquiring as to what measures have been taken to solve water shortage in the country and for implementing recommendation made by Court in State of Orissa vs. Govt. of India, 2009 (5) SCC 492.
118. Another order was passed by Supreme Court on 10.09.2014 in M.K. Balakrishnan & Others vs. Union of India (supra), observing that under Wetland Rules, 2010 Central Government was conferred powers to constitute Central Wetlands Regulatory Authority but there was nothing on record to show whether such authority was functional. Court was informed that National Wetlands Inventory and Assessment Project sponsored by MoEF&CC, Government of India, through Space Applications Centre, ISRO, Ahmedabad has undertaken task of making an inventory of all wetlands in the country in 2010 and inventory of such wetlands was figured. Court thus directed Government of India to inform whether Authority contemplated under Rule 5 of Wetland Rules, 2010 was functional and if so, its composition and whether any exercise for 101 identification and classification of wetlands would be necessary after preparation of inventory of wetlands with the help of Space Applications Centre, ISRO, Ahmedabad.
119. An Interlocutory Application was filed being IA No. 16/2014, praying that States and Government of India should be restrained from giving any permission for construction and infrastructure purposes in and around known "wetland areas". On this application also Supreme Court issued notices to Governments.
120. When the matter came up on 01.12.2016 (reported in (2017) 7 SCC
809), further time was prayed by the respondents Counsel, which was allowed. Next order is dated 17.01.2017 (reported in (2017) 7 SCC 809), when a reference was made to certain orders passed by this Tribunal. Counsel for petitioner sought time to examine those judgments and also whether matter be allowed to be considered by Tribunal with other pending matters. On 31.01.2017 (reported in (2017) 7 SCC 810), when matter came up before Supreme Court, Government of India informed that draft Wetlands Rules, 2016 have been prepared. Court enquired whether Rules have been circulated and finalized or not and also whether Central Wetlands Regulatory Authority, whose term was likely to expire on 14.12.2017 has been reconstituted or not. Government of India was also required to tell what specific steps were taken to preserve 26 wetlands covered by Ramsar Convention. Next order is dated 08.02.2017 (reported on (2017) 7 SCC 810), when Court was informed that Draft Rules were published inviting objections and in response thereto 175 comments were received. MoEF&CC also informed that term of Committee needs to be extended. However, Court issued direction that Wetland Rules, 2016 shall be notified on or before 30.06.2017. With regard to preservation of 26 wetlands covered by Ramsar Convention, 1971, Court found that only 102 some amount was disbursed by Union of India from time to time but what specific steps were taken for using the aforesaid funds, was not disclosed. Considering "National Wetland Inventory and Assessment", which was filed by Union of India alongwith its additional affidavit, Court found that the information brochure on page 11 thereof shows that 2,01,503 wetlands have been mapped. All these wetlands have an area of more than 2.25 ha. Court observed that as a first step "brief document" with regard to these 2,01,503 wetlands should be obtained by Union of India from respective State Governments and to take follow-up action. Further, considering the fact that with the passage of time there is possibility that some wetlands may disappear, Court said in para 23, as under:
"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, that is to say:
"(i) reclamation of wetlands;
(ii) setting up of new industries and expansion of existing industries;
(iii) manufacture or handling or storage or disposal of hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 notified vide S.O. No. 966(E), dated the 27th November, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms/Genetically engineered organisms or cells notified vide GSR No. 1037(E), dated the 5th December, 1989 or the Hazardous Wastes (Management, Handling and Transboundry Movement) Rules, 2008 notified vide S.O. No. 2265(E), dated the 24th September, 2008;
(iv) solid waste dumping: provided that the existing practices, if any, existed before the commencement of these rules shall be phased out within a period not exceeding six months from the date of commencement of these rules;103
(v) discharge of untreated wastes and effluents from industries, cities or towns and other human settlements:
provided that the practices, if any, existed before the commencement of these rules shall be phased out within a period not exceeding one year from the date of commencement of these rules;
(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;
(vii) any other activity likely to have an adverse impact on the ecosystem of the wetland to be specified in writing by the Authority constituted in accordance with these rules."
121. M.K. Balakrishnan vs. Union of India (supra) again came up before the Bench on 04.10.2017. Court's order shows that Government of India informed that Wetland Rules 2017 have been notified on 26.09.2017. Further, State Wetland Authority and National Wetland Committee under Rules 5 and 6 of Wetland (C&M) Rules, 2017 have been constituted with regard to identification of wetland and Notification, Court said:
"With regard to the brief documents required to be furnished under the old Rules, it appears that only ten States and one Union Territory have responded. It appears that there is now no necessity of brief documents under the new Rules. We make it clear that this does not mean that the earlier brief documents already submitted can be discarded completely. The contents of these brief documents will still be followed as far as the implementation of the Wetlands (Conservation and Management) Rules, 2017 is concerned.
Finally, with regard to the satellite images, we are told that the Space Application Centre would require between 12 to 18 months to make an inventory of 1,75,740 wetlands as they exist today. We make no comment on this but request learned Additional Solicitor General to re-check with the Space Application Centre since the wetlands are diminishing in our country at a very fast rate. It is very likely that many more will disappear by the time the task is completed by the Space Application Centre.
We make it clear and reiterate that in terms of our order dated 8th February, 2017, 2,01,503 wetlands that have been mapped by the Union of India should continue to remain protected on the same principles as were formulated in Rule 4 of the Wetlands (Conservation and Management) Rules, 2010."
(Emphasis applied)
122. The above observations of Supreme Court show that in respect of 104 the wetlands which included Ramsar Site Wetland, specific directions were given by Supreme Court that they should be conserved and managed strictly in terms of Wetland Rules, 2017 and in particular, the prohibition/restriction provided in Rule 4 shall be applied and observed for protection of such wetlands.
CORE ZONE AND BUFFER ZONE EXPLAINED:
123. In the context of water bodies, the area which is directly covered by the water is normally called as 'Core Zone'. 'Buffer Zone' is the area surrounding the core zone of water bodies which is required to be protected for effective protection and management of ecology of core zone of the water body in as much as development of flora and fauna is confined not only to core zone but spread in surrounding area also and covers the surrounding area i.e., Buffer Zone. Sometime, Buffer Zone is called 'Zone of Influence'.
124. The concept of 'Buffer Zone' has been taken note in several authorities like M.C. Mehta vs. Union of India & Others (1996) 8 SCC 462, where question of impact of mining operation on the ecologically sensitive areas of Badkal Lake and Surajkund, Haryana, was considered. Court observed that in order to preserve environment and control pollution within the vicinity of the above tourist resorts, it was necessary to stop mining in that area. Question was, "what should be the extent of that area". NEERI's report dated 20.04.1996 was obtained who had opined that 200 meters green belt be developed at 1 km radius around the boundaries of two lakes. Court observed that this means 1200 meters are required for green belts. Then, further 800 meters should be allowed as "cushion to absorb" the air and noise pollution generated by mining operations. Court ultimately passed order that there would be no mining activity within two km radius of the above tourist resorts.
105
125. In M.C. Mehta (Taj Trapezium Matter) vs. Union of India, (1997) 2 SCC 353, damage being suffered by Taj Mahal due to air pollution was considered and Court said that no industry shall be permitted to run causing air pollution in "Taj Trapezium Zone".
126. Similarly, in M.C. Mehta (Taj Trapezium Pollution) vs. Union of India, (2001) 9 SCC 235, for protecting damage to Taj Mahal, Court directed that no brick-kiln within 20 km radial of Taj Mahal and other significant monuments in Taj Trapezium and Bharatpur Bird Sanctuary shall be allowed to operate.
127. In K. Guruprasad Rao vs. State of Karnataka, (2013) 8 SCC 418, it was observed that preservation and protection of ancient and historical monuments due to mining activities in the nearby area was of importance. The Committee appointed by Court suggested that the area which is directly covered by such ancient monuments not only should be protected but there should be more area beyond that which should be protected and both these areas were termed as 'Core Zone' and 'Buffer Zone'. This recommendation was accepted. Court said that creation of 'Core Zone' and 'Buffer Zone' would appropriately create balance between development activities, protection and preservation of ancient monuments.
128. When it comes to the question of fragile ecology, it has been held that it has to be preserved with more caution and care. In Animal and Environment Legal Defence Fund vs. Union of India & Ors., (1997) 3 SCC 549, question of protection of Wildlife Forest Tiger Reserve was considered and Court said that every attempt must be made to preserve fragile ecology of forest area and protect Tiger Reserve. Simultaneously, rights of Tribals, formerly living in the area, to keep body and soul together 106 must also receive proper consideration.
129. In Pradeep Krishen vs. Union of India, (1996) 8 SCC 599, Court pointed out that total forest cover in our country is far less than the ideal minimum requirement of the total land and we cannot, therefore, afford any further shrinkage in forest cover in our country.
130. In Tata Housing Development Co. Ltd. vs. Aalok Jagga & Ors., (2020) 15 SCC 784, shorter buffer area in respect of Sukhna Wildlife Sanctuary was deprecated and it was held that construction of residential project within a short distance from Wildlife Sanctuary cannot be permitted.
ENVIRONMENT AND SUSTAINABLE DEVELOPMENT
131. Development in the manner so that environment may also be enjoyed by the people at large is necessary for the ultimate development of the area and the country as a whole. No development can be allowed which may have impact otherwise on natural resources and its surrounding areas causing degradation, depletion, extinction or damage to flora and fauna which constitute a major portion of eco-system and ordinarily present with every wetland.
132. In Vellore Citizens' Welfare Forum vs. Union of India, (1996) 5 SCC 647, Court said that traditional notion of conflict and development is no longer acceptable and 'sustainable development' is the answer. Court held that sustainable development is a balancing concept between ecology and development and remediation of damage to the environment is part of the process of 'sustainable development'; 'precautionary principle', 'polluter pays' principle and new burden of proof have become part of environmental law of the country.
107
133. In Indian Council for Enviro-Legal Action vs. Union of India, (1996) 5 SCC 281, describing principle of 'sustainable development', Court said that economic development should not be allowed to take place at the cost of ecology or by causing widespread environment destruction and violation. Court also said that at the same time, necessity to preserve ecology and environment should not hamper economic and other developments. Thus, development and environment both must go hand in hand and there should not be development at the cost of environment and vice versa. There should be development by taking due care and ensuring protection of environment.
134. In T.N. Godavarman Thirumulpad (104) vs. Union of India & Others, (2008)2SCC222, (order dated 23.11.2007) in (IAs No. 1324, 1474 and 2081-82 in WP(C) No. 202/1995), an application was filed on behalf of M/s. Vedanta Alumina Ltd. seeking clearance for use of 723.343 ha of land including 58.943 ha of reserve forest land in Lanjigarh Tehsil of Kalahandi District for setting up alumina refinery. Court proposed certain conditions which if agreeable, it would consider grant of clearance but in the context of principle of sustainable development vis-a-vis mining activities, Court said: "while applying principle of sustainable development one must bear in mind that development which meets the needs of the present without compromising the ability of future generations to meet their own needs is sustainable development--it is the duty of the State under our Constitution to devise and implement a coherent and coordinated programme to meet its obligation of sustainable development based on inter-generational equity." Court further said that "mining is an important revenue-generating industry" but Court cannot allow country's national assets to be placed into the hands of companies without a proper mechanism in place and without ascertaining credibility of the user 108 agency.
135. 'Sustainable Development' is the key word for protection of environment including wetland. It means that simultaneous development has to be allowed but not at the cost of one or another. In the name of development, environment cannot be allowed to die, may be a slow death.
136. In Karnataka Industrial Areas Development Board vs. C. Kenchappa & Ors. (2006) 6 SCC 383, Court said that as guiding rule for sustainable development, that humanity must take no more from nature than man can replenish and that people must adopt life styles and development paths that work within the nature's limit.
137. In Electrosteel Steels Ltd. Vs. Union of India, (2023) 6 SCC 615, Supreme Court after referring to its earlier judgment in Alembic Pharmaceuticals Ltd. vs Rohit Prajapati, (2020) 17 SCC 157 said in para 62 as under:
"62. There can be no doubt that the need to comply with the requirement to obtain EC is non-negotiable. A unit can be set up or allowed to expand subject to compliance of the requisite environmental norms. EC is granted on condition of the suitability of the site to set up the unit, from the environmental angle, and also existence of necessary infrastructural facilities and equipment for compliance of environmental norms. To protect future generations and to ensure sustainable development, it is imperative that pollution laws be strictly enforced. Under no circumstances can industries, which pollute, be allowed to operate unchecked and degrade the environment."
138. In M.C. Mehta vs. Union of India, (2009) 6 SCC 118, Court said that environment and ecology are national assets. They are subject to intergeneration equity.
139. In N.D. Jayal vs. Union of India, (2004) 9 SCC 362, Court held that:
"right to development cannot be treated as a mere right to economic betterment or cannot be limited as a misnomer to simple construction 109 activities. The right to development encompasses much more than economic well-being, and includes within its definition the guarantee of fundamental human rights. ......... The Right to development includes the whole spectrum of civil, cultural, economic, political and social process, for the improvement of people's well-being and realization of their full potential. It is an integral part of human rights."
140. In M.C. Mehta vs. Kamal Nath & Ors., (1997) 1 SCC 388, referring to the "Doctrine of Public Trust" it was held that the said doctrine primarily rests on the principle that certain resources like air, sea, waters and the forests have such a great importance to the people as a whole that it will be wholly unjustified to make them a subject of private ownership. The doctrine enjoins upon Government to protect resources for enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.
141. In Himachal Pradesh Bus-Stand Management and Development Authority (HPBSM&DA) vs. The Central Empowered Committee Etc. & Others (2021)4SSC309, Court considered in detail Environmental Rule of Law in para 48 and 49 of the Judgment as under:
"48. In a constitutional framework which is intended to create, foster and protect a democracy committed to liberal values, the rule of law provides the cornerstone. The rule of law is to be distinguished from rule by the law. The former comprehends the setting up of a legal regime with clearly defined rules and principles of even application, a regime of law which maintains the fundamental postulates of liberty, equality and due process. The rule of law postulates a law which is answerable to constitutional norms. The law in that sense is accountable as much as it is capable of exacting compliance. Rule by the law on the other hand can mean rule by a despotic law. It is to maintain the just quality of the law and its observance of reason that rule of law precepts in constitutional democracies rest on constitutional foundations. A rule of law framework encompasses rules of law but it does much more than that. It embodies matters of substance and process. It dwells on the institutions which provide the arc of governance. By focussing on the structural norms which guide institutional decision making, rule of law frameworks recognise the vital role played by institutions and the serious consequences of leaving undefined the norms and processes by which they are constituted, composed and governed. A modern rule of law framework is hence comprehensive in its sweep and ambit. It recognises that liberty and equality are the focal point of a just system of governance 110 and without which human dignity can be subverted by administrative discretion and absolute power. Rule of law then dwells beyond a compendium which sanctifies rules of law. Its elements comprise of substantive principles, processual guarantees and institutional safeguards that are designed to ensure responsive, accountable and sensitive governance.
49. The environmental rule of law, at a certain level, is a facet of the concept of the rule of law. But it includes specific features that are unique to environmental governance, features which are sui generis. The environmental rule of law seeks to create essential tools
- conceptual, procedural and institutional to bring structure to the discourse on environmental protection. It does so to enhance our understanding of environmental challenges - of how they have been shaped by humanity's interface with nature in the past, how they continue to be affected by its engagement with nature in the present and the prospects for the future, if we were not to radically alter the course of destruction which humanity's actions have charted. The environmental rule of law seeks to facilitate a multi- disciplinary analysis of the nature and consequences of carbon footprints and in doing so it brings a shared understanding between science, regulatory decisions and policy perspectives in the field of environmental protection. It recognises that the 'law' element in the environmental rule of law does not make the concept peculiarly the preserve of lawyers and judges. On the contrary, it seeks to draw within the fold all stakeholders in formulating strategies to deal with current challenges posed by environmental degradation, climate change and the destruction of habitats. The environmental rule of law seeks a unified understanding of these concepts. There are significant linkages between concepts such as sustainable development, the polluter pays principle and the trust doctrine. The universe of nature is indivisible and integrated. The state of the environment in one part of the earth affects and is fundamentally affected by what occurs in another part. Every element of the environment shares a symbiotic relationship with the others. It is this inseparable bond and connect which the environmental rule of law seeks to explore and understand in order to find solutions to the pressing problems which threaten the existence of humanity. The environmental rule of law is founded on the need to understand the consequences of our actions going beyond local, state and national boundaries. The rise in the oceans threatens not just maritime communities. The rise in temperatures, dilution of glaciers and growing desertification have consequences which go beyond the communities and creatures whose habitats are threatened. They affect the future survival of the entire eco-system. The environmental rule of law attempts to weave an understanding of the connections in the natural environment which make the issue of survival a unified challenge which confronts human societies everywhere. It seeks to build on experiential learnings of the past to formulate principles which must become the building pillars of environmental regulation in the present and future. The environmental rule of law recognises the overlap between and seeks to amalgamate scientific learning, legal principle and policy intervention. Significantly, it brings attention to the rules, processes and norms followed by institutions which provide regulatory governance on the environment. In doing so, it fosters a regime of open, accountable and transparent decision making on concerns of the environment. It fosters the importance of participatory 111 governance - of the value in giving a voice to those who are most affected by environmental policies and public projects. The structural design of the environmental rule of law composes of substantive, procedural and institutional elements. The tools of analysis go beyond legal concepts. The result of the framework is more than just the sum total of its parts. Together, the elements which it embodies aspire to safeguard the bounties of nature against existential threats. For it is founded on the universal recognition that the future of human existence depends on how we conserve, protect and regenerate the environment today."
142. It is now well recognized that laws relating to environment, since included within the ambit of 'Fundamental Right to Life' under Article 21, their compliance and observance is mandatory and nobody can claim immunity therefrom. Like common man, State and its authorities are equally bound to strictly follow environmental laws, that too, in words and spirit.
143. Environment is not confined to an individual or a single component. Environment comprises of all physical, chemical and biological conditions, that together act on an organism or an ecological community and influence its growth and development. Soil, air, water, climate, plant, animal life, noise level and pollution, etc. are all components of 'environment'.
144. When rivers, soil, water, air etc., the nature's gift to mankind and natural asset, is explored to serve people by intervention of technique invented by homo sapiens, disturbing/diverting/destroying natural flow/activity of nature, a question always arise, "how much, how long and at what 'cost'. It is virtually environment's consumption versus its protection and preservation. Nature in its own way supports animal, brings own, for its survival. Nature's consumption by mankind is for betterment of life. Both have to be respected and balanced. Our forefathers have visualized it and taught a lesson to respect nature. At least in Indian Peninsular, (old Jambu Dweep as described in Vedas and its ancillaries), 112 for last thousands of years, wise men (rishis and saints) have handed down message to us by giving it a religious texture.
145. In India, matter of environment is not something new which is governed by a few decades' old statutory laws. As stated above, since ancient times, our ancestors have given highest respect to environment raising it to the status of God which ought to be worshiped by common people. The term 'environment' has been defined in EP Act, 1986 as an inclusive definition. However, Sanskrit word is "Paryavaran" which means that it is not mere atmosphere (Vatavaran) but the term "Paryavaran" includes "Vatavaran" and everything that encompasses it.
146. In Rig veda, 1/90/6, a verse on nature, says:
"मधु वाता ऋतायते मधु क्षरन्तत सितधवः।
माध्वीर्नः ित्वोषधीः।"
Translation: (Environment provides bliss to people leading their life perfectly. Rivers bliss us with sacred water and provide us health, night, morning, vegetation. Sun bliss us with peaceful life. Our cows provide us milk).
147. In Vedic Literature, mother earth was personified as Goddess 'Bhumi' or 'Prithavi'. In fact, in ancient Vedic era, people of India had a great respect for environment and worshipped different objects and/or manifestations of nature with utmost devotion and sincerity. Earlier, wisemen of Indian sub-continent thought it appropriate to attribute religious sanctity to environment for maintenance of ecological balance and easy acceptance with a flavor of compulsion by society. They worshipped every facet of environment, namely, land/soil, water, rivers, plants, animals, birds, mountains, sky, etc.
148. Prithvisukta in Atharvaveda shows that wisemen/Vedic seer celebrated for mother earth with all its natural bounties, particularly for 113 her gifts of herbs and vegetation; and her blessings were sought for prosperity in all surroundings and fulfilment of all righteous aspirations.
149. In Indian Philosophy, environment is not a physical lifeless entity but it is a living mechanism where humans are one of the many living creatures. It contemplates that man being an intelligent creature should own prime responsibility of protection of environment as one of the fundamental duties. It perceived that there is life in all kinds of things, biotic or non-biotic. Indian philosophy explains that elements originate in phases i.e., water, earth, sky come first; aquatic animals and birds second; land third; air and wind fourth and finally fire. Indian philosophy greatly emphasized upon very cordial relationship among all the elements of galaxy and replacement as equal to every other element of our environment.
150. In Ishopanishad, there is celebrated command which says, "everything in the universe belongs to Supreme God, therefore, take only what you need, that is set aside for you. Do not take else, for you know to whom it belongs." It further says "resources are given to mankind for their living. Knowledge of using the resources is absolutely necessary".
151. In Bhagavatam (Volume 2, Chapter 1, Verses 32-33), it is said that "the trees are the hairs of His body, the oceans His waist, the hills and mountains are His bones, the rivers are the veins of the cosmic being (Brahman), his movements are the passing of ages".
152. In Kautilya's Arthashastra, great importance led on environment protection and even clear punishments were prescribed on the basis of importance of various parts of forest produce, if damaged by anyone. 114
153. Manu Smriti also mentions about optimum use of resource of nature and also prescribes different punishments for causing injury to plants.
154. The digests of ancient age old Vedas handed down to Indian people since ancient time are very clear, categorical and sound. In Rigveda, it is said that there are five elements which give basis to life and these are earth, water, fire, space and air. 'Rigveda' makes a clear reference to presence of a 'protective layer' which is now known by us as 'ozone layer' that filters harmful rays of sun and protect us.
155. In Yajurveda, it is said that 'Yajna' ('Yagya') be performed by offering butter and fire into sacrificing fire so that it mixes with atmosphere and makes environment free from impurities. It mentions about keeping the sky clean and about praying to the water bodies as they sustain life.
156. Samaveda recognizes, like other Vedas, importance of maintenance of season cycle that are likely to get altered due to climatic change owing to inappropriate detrimental human actions.
157. In Atharvaveda, the concept of give and take has been emphasized which means that 'one can take from the earth and atmosphere only so much as one would give back to that'. It also emphasises and highlights many other things like purity of water, protection of wildlife and domestication of animals like cattle. In Atharvaveda (5.30.6), it is said that "Man's paradise is on earth; this living world is the beloved place of all; it has the blessings of natures and bounties; live in a lovely spirit".
158. Chanakya in Arthashastra, emphasizing on environment protection, said that wets required to maintain forests, fines were imposed for cutting trees and damaging forests, forest reserves were for wild animals and they would be killed or bound in outside the reserve forests when harmful. 115
159. We find a similar recognition of environment covering all flora and fauna and surroundings in other religious sets. In Buddhism, there is great respect on truth, non-violence, and love for all living creatures, including trees, plants and flora and fauna. Same is the basic principle canvassed in Jainism, where, they believe that plants and trees also had life. In Jainism, they are supposed to take 15 vows such as arma, Karmdan, Van Karm, Sphotrik Karm, Nirlanchan Karm, Asotipasan Karm etc. which are exclusively related to protection of environment against any kind of pollution. In Sikhism, also preservation of environment is one of the sacred duties of every follower.
160. In Vedic period, the term 'Dharam' was used as synonym for law. We find such use in Vedic literature at many places. Vedic people believed that order develops amongst man, in group in noblest places. Ecologist believed, when man adopts peaceful means of inter-change, he makes laws. Purana's conception is that law arose out of human necessity and an urge for peaceful life. In Puranas, law is interpreted as means to secure 'Abhyudaya' that is welfare of the people. Dharma represented rights, privileges and obligations of individuals. The object of law was/is to promote welfare of man, individually and collectively. Thus, nature was co-related with dharma and as a natural corollary, commands relating to nature became law.
161. Ecology and environment, however, had seen deterioration with technological advancement. Rural people used to live close to nature. Modern day development has compelled them to leave villages and migrate to cities in search of livelihood. Growing industrialization has started consuming natural resources at a large scale.
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162. Very late, State did realise that environmental ethics have become a valueless point and its protection is utmost necessary. Consequently, we have seen constitutional amendment in 1976 by way of 42nd amendment of the Constitution inserting Article 48A in the Chapter of 'Directive Principles' of State Policy and Article 51(g) in the 'Fundamental Duties' which says that every citizen shall have a fundamental duty to protect and improve natural environment, including forest, lakes, rivers, wildlife and to have compassion for living creature.
163. Statutes for preservation, protection, and restoration of environment have been made. Central and State Governments are custodians of environment. Statutory Regulators have been contemplated to execute mandate of environmental laws for protection of environment. Importance of Water/Water Bodies/Wetlands:
164. Life cannot be imagined without water. There is Hindi Idiom saying that " बिन पानी सि सन ू ". No one can dispute the importance of water. It is essential for life on earth. It is available on the planet in all the three phases namely solid, liquid and gas. Water ties together, major parts of earth climatic system, in the form of air, clouds, ocean, lakes, vegetation, snowpack and glaciers. Conversion and reconversion of one form of water to any other, is commonly known as water cycle which shows continuous movement of water within earth and atmosphere. In the form of liquid and solid, it is available on earth, on the surface and beneath the surface. Snowpack and glaciers are solid forms on the surface while in liquid form, it is available in the running condition as oceans, rivers, streams, waterfalls etc. and sometimes as water body or wetland in the form of lakes, ponds and other wetlands. Inside/beneath the surface, it percolates the sand and rocks and is available as ground water. Existence of ground 117 water is necessary and integral part of water cycle in as much as it contributes to the surface water which is involved in the process of conversion as vapour/cloud due to heat or in cold areas solidify as snow. In the areas where large quantity of water evaporates, and results in scarcity of water on the surface, it is ground water which helps to maintain surface water and also contributes to fill water in wells. Water influences intensity of climate variability and change. It is key part of extreme events like drought and floods. If surface water exceeds the limit of carrying capacity, it will flood the plains and if evaporation of surface water is very high and recharge is not as per the requirement, it may result in causing drought. Not only for human sustenance, but, for every activity or in other words, in every walk of life, mankind needs water.
165. Water has its role as an intimate part of the human existence, as an individual, or, in group or society, for personal life or social life, for household needs or commercial or industrial needs, etc. Everywhere water is required. It is fundamental and basic need of life cycle, whether it is animals kingdom or plants kingdom. It is, therefore, extremely important that water resources are protected, both, for human uses and eco-system.
166. Our forefathers at a very early stage, had recognized importance of water and educated people to respect nature, giving it spiritual and religious stature. Mountains, rivers, waterfalls, streams, ponds, wells, trees etc., all were treated as divine objects, and worshipped. The idea was that the people would be obliged not only morally but socially and religiously to protect nature including water sources, resources and, practice its reasonable utilization. Unfortunately, in the last few centuries, above learnings and teachings, handed down to us, by our learned, wise and farsighted esteemed forefathers/ancestors, have been ignored under a misconception of a materialistic kind of development. We have 118 compromised with water resources, exploited indiscreetly, misused gift of nature i.e., free availability of minerals, wood, clean air and water, in all possible manner. That is how rivers, streams, and water bodies are drying, ground water table is depleting, glaciers are melting and world is facing a severe crisis of water supplies. True, the developmental activities cannot be made solely responsible in as much as population explosion, our negligence towards environmental pollution, etc. are some other root causes which have also contributed to this problem.
167. Sometimes, it is said that scientifically, water is never lost but only changes form, therefore, alleged crisis is artificial and a hollow cry. But this is not true. When we consider in the context of need of water for human activities, it is true that earth water is always in movement and there is a natural water cycle known as 'hydrologic cycle'. There is continuous movement of water on, above, and below the surface of the earth. But the cardinal fact is, if water, available on surface and under the surface, is used in an unplanned manner, irrespective of the quantum of water available at a particular place, there will be a scarcity and this will reflect not only on the hydrologic cycle but adversely affect water availability at other places also. If surface water for one or the other reason, goes down, recharge of ground water will also get reduced and it will create scarcity of ground water, reflect when it is sought to be extracted through wells and this will ultimately reflect upon the quantum of surface water also.
168. Water is important for the very sustenance, not only for Homo Sapiens but the entire animal kingdom. With water regime, civilizations have developed and disappeared. Interestingly, everybody knows that mankind cannot survive without fresh, healthy and sustained air, water and clean atmosphere, still ground level efforts for its protection are not 119 so serious. Though globally, every country talks seriously about environment and its protection, shows concern about its depletion, but in practice, their action is not true to the words spoken in global meetings. Developed countries find themselves free to damage environment in the manner they like but blame underdeveloped or developing countries and so is the reverse. The developing and underdeveloped countries lack resources to take care and leave climate at its fate, making it free to its inhabitants to use and consume natural resources in whatever manner they like. Extensive exploitation of water, either unregulated or with superficial or shallow regulation becomes destiny of water.
169. So far as India is concerned, historically, environment has been given a very pious place and regard, since pre-vedic as well as vedic era.
"Water", since pre-vedic era, has been recognized as a spiritual symbol.
Rigveda identifies "water" as the first residence or ayana of nara, the Eternal Being. Therefore, water is said to be pratishtha, the underlying principle, or the very foundation of this universe. In Sataptha, it is said:
"Water may pour from the heaven or run along the channels dug out by men; or flow clear and pure having the Ocean as their goal...In the midst of the Waters is moving the Lord, surveying men's truth and men's lies. How sweet are the Waters, crystal clear and cleansing...From whom... all the Deities drink exhilarating strength, into whom the Universal Lord has entered..".
170. Early Vedic texts also identify "water" as a manifestation of the feminine principle, commonly as Sakti. Rigveda said:
"I call the Waters, Goddesses, wherein our cattle quench their thirst; Oblations to the streams be given...".
171. It is said that the primordial cosmic man or Purusa was born of the Water. Later Vedic texts identify that, "Water is female." (Satapatha). Philosophically, vedas bestows a sacred character on water, identified 120 therein, a medium to attain spiritual enlightenment. Vedas identify water as the very essence of spiritual sacrifice, or as stated in Atharvaveda "the first door to attain the divine order". The use of water in daily life as well as in ritualistic ceremony was referred to as spiritual sacrifice, a process of attaining eternity. Rigveda said:
"...Whatever sin is found in me, whatever wrong I may have done, if I have lied or falsely sworn, Waters remove it far from me...".
172. Besides, philosophical and spiritual status given to environment including water, in ancient vedic scriptures, even on the issue of hydrology, we find a lot of material in vedic literature showing that since ancient time science of water was well developed in ancient India. Certain concepts of modern hydrology, we find, scattered, in various verses of Vedas, Puranas, Meghmala, Mayurchitraka, Vrhat Sanhita and other ancient scriptures. Our forefathers in Vedic age, had developed the concept that water gets divided into minute particles due to the effect of sun rays and wind. In Puranas, at various places, it is alluded that water cannot be created or destroyed, and that, only its state is changed through various phases of hydrological cycle. Evaporation, condensation, cloud formation, precipitation and its measurements were well understood in ancient India as we find from the study of Vedic and Puranic scriptures. During the time of Kautilya, contrivances to measure rainfall were developed which had the same principle as that of modern hydrology, except that weight measures were adopted instead of modern linear measurement of rainfall.
173. Indians, in ancient times, had well developed concepts of groundwater occurrence, distribution and utilization. Ancient literature also reveals that hydrologic indicators such as physiographic features, termite mounds, soils, flora, fauna, rocks and minerals were used to detect presence of groundwater. In Vrhat Sanhita, chapter 54, we find a detailed 121 description of variation in the height of water table with place, hot and cold springs, ground water utilization by means of wells, construction methods of well and requisite equipments. Chapter 54 of Vrhat Sanhita is named as 'Dakargala'. As early as 550 A.D., Varamihira presented a simple method for obtaining potable water from a contaminated source of water. Efficient water use, lining of canals, construction of dams, tanks, essential requirements for the construction of good tanks, bank protection methods, spillways and other minor aspects were given due consideration in ancient times in India.
174. "National Institute of Hydrology", (Ministry of Water Resources, River Development & Ganga Rejuvenation) (hereinafter referred to as 'MOWRRD&GR'), Jal Vigyan Bhawan, Roorkee, in a work, published in December 2018, has recognized that knowledge of hydrology was permissive in ancient India, starting from pre and dusk valley civilization days and has been discussed in depth in Vedas, Puranas, Astadhyayi, Arthashastra, Ramayana, Mahabharata, Meghamala, Brihat Samhita, Mayurchitraka, Jainist and Buddhist and many other ancient literature. In the aforesaid work of MOWRRD&GR, ground water is the subject of discussion in chapter 6. It is stated that in Rigveda, Samveda and Yajurveda, concept of hydrological cycle and water use through wells etc. was present which clearly imply use of ground water in chapter 54 of Vrhat Sanhita. Its author Varahamihira (AD 505-587) has dealt with ground water exploration and extraction with various surface features that are used as hydrologic indicators to look at sources from ground water at different depths in well, from 2.29 meters to 171.45 meters. In verses 54.1 and 54.61-62, chapter 54 of Vrhat Sanhita, two technical terms shira and shiravigyan have been used. The term shira implies arteries of water or streams. Shiravigyan exactly conveys the meaning of water table. Verse 122 54.2 says that the water which falls from the sky, originally, has the same colour and same taste, but assumes different colour and taste after coming down on the surface of the earth and after percolation. In a very scientific manner, ground water and its explanation were dealt with, keeping in mind the preservation of water and its availability for all times to come, without getting it polluted or contaminated by any external means or operations.
175. The science of water in India is ancient but unfortunately forgotten in the last few centuries. Indian sub-continent, was invaded and ruled by people from other areas having different concepts, convictions, religious culture and scant scientific knowledge. They tried to undermine Indian ancient brilliance. Consequently, Indian ancient deep scientific knowledge went in dormancy. The invaders treated inhabitants in a very crude manner, did not hesitate in destroying treasure of knowledge given in this sub-continent by great Saints and Rishis, and compelled common folk to believe that their cultural wealth was a myth. Huge collection of research and knowledge stored in educational institutes of repute were set on fire, looted or damaged otherwise. Volumes of ancient knowledge treasure was also taken away by later invaders and rulers. The resultant subsequent unscientific, unmindful and irrational massive excavation, extraction and consumption, not only of surface water, but ground water, in the name of development of civilization, has created a situation where in some parts of country, even drinking water is not available or has become a serious scarcity.
176. Availability of water in all the areas is not uniform, whether it is surface water or ground water. Water covers about 71% of the earth surface. It comes to about 333 million cubic miles (1.386 billion km.) on the planet. In a U.S. Geological Survey's Water Science School, taking data 123 source from Igor Shiklomanov's chapter "World freshwater resources" in Peter H. Gleick (editor), 1992, availability of earth water has been shown in three parts:
(ii) For total global water available, 96.5% is in oceans, 0.9% is other saline water and only 2.5% is fresh water.
(iii) For 2.5% fresh water available, further division is that 68.7% thereof is in the form of glaciers and ice caps, 30.1% is ground water and only 1.2% is surface or other fresh water.
(iv) For 1.2% surface/other fresh water available, again it is in different forms, i.e., 69.0% as ground ice and permafrost, 20.9% lakes, 3.8% soil moisture, 2.6% swamps and marshes, 0.49% rivers, 0.26% living things and 3% in atmosphere.
(v) Here the term fresh water means water with a salinity of less than 1% that of the ocean i.e., below around 0.35%.
177. In other words, as a rough estimate, out of total water supply of about 333 million cubic miles (1.386 billion km3), more than 97% is saline. Only a small percentage, i.e., 2.5% fresh water is available. There against also, substantial part, i.e., 68% is locked up in ice and glaciers. A very small amount is available as surface water for human uses, i.e., 1.2%, which comes around 22300 cubic miles (93100 km3) which is about 0.007% of total water available on earth. These figures should not surprise us. Despite a very small fragment of water, available on surface, is consumable by human being, yet rivers are source of most of the water, the people use.
178. The quantum of ground water, comparing to the surface water, is definitely much more. However, comparing with global availability of water, it is a very small fraction thereof.
124 PRESENT PROBLEM AND SOLUTION:
179. When we consider the entire fact scenario, as evident from record and discussion made hereinabove, we find that Sambhar Lake, though is a Ramsar Site Wetland of International importance, declared as such in 1990, but since then has been dealt with in a most neglected and apathetic manner which has caused huge degradation and damage to the wetland in various ways. Flora and fauna and attending ecology of the wetland has adversely suffered. Core area as well as Zone of Influence has been allowed to be encroached unmindful and illegally. Drawl/extraction of water i.e., lake brine from Sambhar Lake is massive and discharge of untreated effluent is also writ large causing damage to the wetland and its ecology.
180. Damage caused to Ramsar Wetland i.e., Sambhar Lake has been noticed in a study conduct by Department of Environmental Science, School to Earth Sciences, Central School of Rajasthan. The study has reported as under:
"The current study has been conducted in the largest shallow saline wetland of India, Sambhar Lake. It is experiencing severe threat due to the illegal saltpan encroachment, use of illegal electric cables for excessive underground water extraction and stealing of brine worth 330 billion dollars in the global salt market. Such activates are consistently degrading the ecosystem, creating thereby an imbalance at each trophic level, right from the primary producer to the tertiary consumer level. The comprehensive results showcase the blurred future of this amazing Ramsar site. If urgent conservational steps are not taken as discussed, it might be completely lost, before its lease period (2059) as a salt industry. This research would encourage other wetland specialist, researchers, conserve this ecosystem for using GEE. There are 148 such inland saline Ramsar sites and other unidentified sites sharing this common fate of desiccation; they should be prioritized during the UN Decade on Ecosystem Restoration."
181. The role of State Government in neglecting Sambhar Lake has been castigated by this Tribunal vide order dated 20.09.2017 passed in OA 54/2015(CZ) observing as under:
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"The State of Rajasthan has also been guilty of completely neglecting the Sambhar Lake. It is surprising that despite the fact that the Sambhar Lake is rich in Flamingoes, migratory and other residential birds and other rare and threatened species Sambhar Lake the was not declared as Bird Sanctuary or National Park. In fact the responsibility of looking after Sambhar Lake has not even been assigned to the Forest and Wildlife Department and it was rather left to be taken care of by the Revenue Authorities. In fact no specific responsibility has been assigned to any agency for the protection and management of Sambhar Lake for the last 25 years as the Rajasthan Lake Development Authority came into being only in 2015 who has been assigned responsibility for protection, preservation and management of all the Water bodies and Wetlands in the State."
182. Inaction, lack of sincerity, neglect and omission on the part of State and its authorities has further been noticed and deprecated by tribunal vide order dated 18.03.2021 passed in OA 1020/2019 (supra) observing as under:
"5. We find that even though the problem surfaced five months ago, there is hardly any tangible action so far. During interaction, it was submitted that demarcation of the area into Core Zone and Buffer Zone is necessary. If it is so, there is no reason why it has not been done in the last five months. At least a tentative and interim delineation could have been done. It is also stated that some steps have been taken for removing encroachments and the remaining encroachments will be removed within next three months. This may require monitoring and fixing of accountability with the seriousness required to deal with the situation. No effective action has been taken against the industrial pollution in spite of sufficient authority being available under the Statutes, including the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986. We are informed that there are 500 illegal bore-wells out of which only 137 have been closed. We do not see any reason why all the illegal bore-wells have not been closed. We are further informed that sewage is also being discharged into the water bodies by the Local Bodies. This being a criminal offence has to be stopped forthwith and emergent measures be taken to prevent any discharge of sewage into the water body. For the illegal discharge of sewage and industrial pollution, prosecution must be initiated and compensation recovered on "Polluter Pays" principle. This is the responsibility of the State PCB."126
183. Tribunal by the above order directed RSPCB to take coercive measures against the violators who are discharging sewage and industrial pollution in the lake and also to take steps to ensure that local bodies stop discharge of sewage. Direction was also given for taking action for disposal of sludge and sodium sulphate waste. Collectors of District Nagaur, Jaipur and Ajmer were directed to ensure sealing of illegal borewells. Further direction for preparation of Comprehensive Environment Management Plan for preventing and remedying the damage the environment was also issued.
184. We really fail to understand and also to appreciate as to how many orders would be required further to wake up the concerned authorities to take effective action in the matter, necessary for protection of Sambhar Lake from getting damage and deteriorated on account of illegal activities by encroachers and violators of environmental laws by discharge of effluent in the lakes and illegally extracting lake brine/lake water causing damage to flora and fauna.
185. As if the above activities were not sufficient, the Railway Department had also proceeded to lay down railway lines under Gatishakti projects which include Dedicated Test Track New Line Project and Phulera-Degana Doubling Project. It is not in dispute that the above projects have been laid covering certain part of Sambhar Lake area without obtaining any clearance from the concerned Wetland Authorities and also ignoring the fact that under Wetland Rules, 2017, permanent construction in wetland is prohibited.
186. Applicant is also one of the persons exploiting natural resource of Sambhar Lake for its commercial activities and during the course of the argument, we were informed that requisite construction for operating commercial unit has been made in the Core zone and Zone of Influence of 127 wetland without any permission or clearance from the Wetland Authorities and in any case, in utter violation of the prohibition contained in the Wetland Rules, 2017 and Guidelines 2020.
187. Considering the entirety of the facts and circumstances, we find that further lethargy, inaction, apathy and neglect on the part of Rajasthan State Government and its Authorities as also the concerned Ministry of Government of India and National Wetland Committee etc. cannot be allowed to go on and time has come that strict directions should be issued which are necessary for protection of Sambhar Lake, a Ramsar Site of International Importance.
188. We accordingly issue following directions:
(i) Additional Chief Secretary/Principal Secretary, Environment Department, State of Rajasthan shall ensure demarcation of lake area, delineation of Core and Buffer area of Sambhar Lake Wetland within 3 months.
(ii) Additional Chief Secretary/Principal Secretary, Department of Revenue and Collectors of Districts Nagaur, Ajmer and Jaipur shall co-operate and co-ordinate with Additional Chief Secretary/Principal Secretary, Environment Department for completion of the above task, within the time prescribed.
(iii) The State Wetland Authority and all other concerned authorities shall finalise Integrated Environment Management Plan (hereinafter referred to as 'IEMP') of Sambhar Lake wetland and forward to National Wetland Committee for its approval within one month.
IEMP should include a proposal for the establishment of "Hydrobiological Monitoring Station" in the vicinity of wetland.
(iv) National Wetland Committee shall consider the above plan and take a final decision in the matter within next one month from the date 128 of receipt of the above plan.
(v) If National Wetland Committee finds any information wanting or discrepancy in the plan sent by State Wetland Authority, it shall immediately communicate the same to State Wetland Authority but all the authorities shall ensure that in no case, the issue of final approval of IEMP of Sambhar Lake Wetland is finally approved beyond 4 months from today.
(vi) RSPCB shall take steps to stop discharge of untreated effluent in wetland whether by any local body or individual or industrial unit in any manner and shall take all preventive, prohibitive, remedial as well as punitive including criminal action against the defaulters/violators.
(vii) The action shall include initiation of proceedings for prosecution, assessment and realization of environmental compensation.
(viii) A specially High Powered Committee is constituted chaired by Member Secretary, National Wetland Committee and members including Member Secretary, RSPCB, Member Secretary, State Wetland Authority, a nominee of DG (Forest), MoEF&CC, a nominee of Department of Environment, State of Rajasthan, Collectors of Districts Nagaur, Ajmer and Jaipur and an Expert in the field of wetlands/lakes ecology from Central Arid Zone Research Institute (CAZRI), Jodhpur (to be nominated by Director) who shall visit the site of Sambhar Lake wetland, prepare a Report on the aspect of illegal extraction of lake brine/water from the Sambhar Lake, installation of borewells illegally by the individuals or companies or firms, violation of Wetland Rules, 2017 and other environmental laws etc., and other activities causing damage to the ecology of Sambhar Lake and identify the violators.
(ix) The said Report shall be prepared within 3 months and the first 129 meeting of the Committee shall be held within 15 days from today.
(x) Nodal agency of the Committee shall be Member Secretary, National Wetland Committee.
(xi) The report of above constituted Special High Powered Committee shall be submitted to Chief Secretary, State of Rajasthan who shall ensure compliance of the recommendations and observations made by the Committee in the said Report by the concerned authorities and officials in the next 3 months from the date of receipt of the said Report.
(xii) It is made clear that in case even applicant i.e., M/s. Sambhar Salts Limited or Railway Department is found to have violated the laws or the provisions relating to protection of environment and in particular, wetland, appropriate action shall be taken against them also. If Committee finds that continuance of railway line in the wetland area is not in the interest of the effective protection and management of wetland, it shall make appropriate recommendation requiring the Railway in consultation with the Chairman, Railway Board for relocation of the line and to get the wetland area cleared.
(xiii) If any of the directions above remained uncomplied with including the time frame, Secretary, MoEF&CC shall take necessary action for initiation of prosecution against the concerned violator(s) by initiating criminal prosecution under Section 26 of NGT Act, 2010 and Section 15 of EP Act, 1986 and similar other environmental laws by lodging criminal complaint by himself or by any other Competent Authority nominated by him, within 2 months of expiry of the time frame or violation of environmental laws.
(xiv) Compliance Reports by all the concerned authorities to whom above directions have been issued, shall be submitted within 15 days after expiry of the period mentioned above for the action taken by them 130 with Registrar of Central Zone Bench, Bhopal who if finds necessary, place the matter before the Bench for further directions.
189. With the above directions, this OA is disposed of.
190. Copy of this judgment be forwarded to CGWA, MoEF&CC, Principal Secretary, Department of Revenue, Member Secretary, RSPCB, General Manager, North Western Railway Head Quarters, Managing Director, Ajmer Vidyut Vitran Nigam Limited and District Collectors of Nagaur, Ajmer and Jaipur for compliance.
SUDHIR AGARWAL, JUDICIAL MEMBER DR. AFROZ AHMAD, EXPERT MEMBER November 09, 2023 Original Application No. 94/2022(CZ) R 131