Guwahati: The Supreme Court has stressed that courts cannot overlook the failure to protect vital water bodies, directing states and relevant authorities to physically verify and demarcate wetlands.
A bench comprising Justices Aravind Kumar and Vipul M Pancholi observed that water bodies are precious resources as they serve as sources of drinking water and their protection falls within the ambit of the fundamental right to life guaranteed under the Constitution.
“This Court cannot remain a mere spectator or be unmindful of the consequences flowing from water bodies remaining unprotected,” the bench said.
To ensure effective protection, the court reiterated its directions to state governments and wetland authorities to conduct physical ground-truthing of water bodies wherever the exercise has not already been completed. The authorities have also been directed to submit compliance affidavits detailing the methods and procedures adopted for the verification.
The court initially considered requiring the affidavits to be submitted within four weeks. However, senior advocate Shekhar Naphade argued that the physical verification process would be time-consuming and sought a more reasonable period of six to nine months.
Acknowledging the extensive fieldwork involved and the need for coordination among various government departments, the bench granted four months to complete the exercise.
The court expressed concern that ground-truthing and demarcation remained incomplete even nine years after the publication of the Wetlands (Conservation and Management) Rules.
The proceedings arose from a public interest litigation (PIL) filed by bird enthusiast Anand Arya, advocate M K Balakrishnan and NGO Vanashakti, seeking stronger protection for wetlands and water bodies.
The latest direction places renewed emphasis on the need for state authorities to identify and demarcate water bodies on the ground, rather than relying solely on records and mapping, to ensure their effective conservation.