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1 - 8 of 8 (1.06 seconds)M.K. Balakrishnan & Ors vs Union Of India & Ors on 26 March, 2009
17. The suggestion of the applicant is that significant wetlands
need not be limited to 363 and more wetlands on examinations be
added to the list from time to time for better protection by preparing
appropriate action plans under the programme for protection of the
significant wetlands. Further, apart from figure of 2.01 lakh
wetlands already mapped, to which the Wetland Rules, 2017
are applicable even if no separate Notification in terms of 2017
Rules in view of directions of the Hon'ble Supreme Court in
M.K. Balakrishnan, supra, it may be possible to identify more
such wetlands. Infact, the report of the MoEF&CC itself
mentions that some States have already identified larger
number of wetlands than earlier mapped. In UP itself, 133484
wetlands are entered in the Revenue Records which are being
protected by the State. On the same pattern, all the States/UTs
need to map all available wetlands in their jurisdiction and
file report with the National Wetland Authority so that
National Wetland Authority can prepare an exhaustive
inventory of wetlands in the country and extend protection to
all such wetlands.
Raja Muzaffar Bhat vs Ut Of Jammu And Kashmir on 16 July, 2021
Following the said directions, this Tribunal vide order dated
25.11.2021 in O.A. No. 351/2019, Raja Muzaffar Bhat vs. State of Jammu
and Kashmir & Ors. directed monitoring of compliance by MoEF&CC as
follows:-
Shree Nath Sharma vs Union Of India on 5 July, 2021
18. District Environment Plan of each District in terms of
order of this Tribunal dated 05.07.2021 in OA 360/2018, Shree
Nath Sharma vs. Union of India & Ors. should also cover the
wetlands in the District. If necessary, the said plans be revised
accordingly by the District Magistrates concerned by providing
that the core activity for conservation and protection of
wetlands may primarily focus on not discharging of sewage,
disposal of solid waste and other wastes, preventing siltation,
demarcation of wetlands/flood protection zone and removal of
encroachments. There should be regular monitoring of water
quality under water quality management programme at
strategic locations (around 10 locations) to ensure that it is
compliant with TC/FC norms. Water quality of the wetlands
with respect to BOD needs to be less than 3 mg/l, feacal
coliform should meet norms and contamination due to toxic
constituents either directly or through runoff from the
catchment should be prevented. Biodiversity of the wetlands
needs to be maintained. Monitoring of steps for compliance of
Rules in relation to such Wetlands ought to be at District level
by the District Magistrate, at State level by State Wetland
Authority and at National level by National Wetland Authority.
We are confident that such initiatives in monitoring will go a
long way in protecting the Wetlands which have significant
environmental functions."
The Environment (Protection) Act, 1986
East Kolkata Wetlands (Conservation and Management) Act, 2006
Metropolitan Co Operative Housing ... vs Sunit Kumar Mallick Chowdhury on 3 August, 2018
5. On 12.07.2016, the Tribunal considered the prayer for interim relief
and observed that no order was necessary in the hope that status quo will
be maintained in the matter of filling up of the waterbody in question. On
20.07.2016, the Tribunal appointed Surveyor for measurement of the
waterbody and to ascertain the encroachments. Status quo was directed
to be maintained in the meanwhile. On 07.02.2017, the Tribunal
considered the grievance against violation of the order of status quo and
directed jurisdictional ADM and Police Station to verify the allegation and
stop any illegal construction and file an action taken report. On
06.11.2017, the application was dismissed for non-appearance of the
applicant but the said order was recalled on 11.12.2017 which was
reiterated on 23.04.2018. Against the order of the Tribunal dated
23.04.2018, Civil Appeal No(s). 6191-6192/2018, Metropolitan Co-
operative Housing Society Limited & Anr. vs. Sunit Kumar Mallick
Chowdhury & Ors. was dismissed on 03.08.2018 by the Hon'ble Supreme
Court and WP No. 11287(W) of 2018, In re: Smt. Supriti Saha vs. The State
of West Bengal & Ors. was dismissed by the Kolkata High Court on
12.09.2018.
In Re : Smt. Supriti Saha vs The State Of West Bengal & Ors on 12 September, 2018
5. On 12.07.2016, the Tribunal considered the prayer for interim relief
and observed that no order was necessary in the hope that status quo will
be maintained in the matter of filling up of the waterbody in question. On
20.07.2016, the Tribunal appointed Surveyor for measurement of the
waterbody and to ascertain the encroachments. Status quo was directed
to be maintained in the meanwhile. On 07.02.2017, the Tribunal
considered the grievance against violation of the order of status quo and
directed jurisdictional ADM and Police Station to verify the allegation and
stop any illegal construction and file an action taken report. On
06.11.2017, the application was dismissed for non-appearance of the
applicant but the said order was recalled on 11.12.2017 which was
reiterated on 23.04.2018. Against the order of the Tribunal dated
23.04.2018, Civil Appeal No(s). 6191-6192/2018, Metropolitan Co-
operative Housing Society Limited & Anr. vs. Sunit Kumar Mallick
Chowdhury & Ors. was dismissed on 03.08.2018 by the Hon'ble Supreme
Court and WP No. 11287(W) of 2018, In re: Smt. Supriti Saha vs. The State
of West Bengal & Ors. was dismissed by the Kolkata High Court on
12.09.2018.
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