The Supreme Court of India has stated that courts cannot remain unmindful when vital water bodies are left unprotected. A bench comprising Justices Aravind Kumar and Vipul M Pancholi issued directives requiring all states and relevant authorities to undertake physical ground-truthing and formal demarcation of wetlands.
During the proceedings, the bench emphasized that water bodies serve as crucial sources of drinking water and fall directly within the scope of the right to life guaranteed under the Constitution. The court noted that it cannot remain a mere spectator to the consequences arising from unprotected water resources.
Under the court's directives, states and Wetland Authorities are required to carry out physical ground-truthing of water bodies and file compliance affidavits detailing the methods adopted for the exercise. While senior counsel Shekhar Naphade argued that the ground-truthing process would be time-consuming and requested six to nine months for completion, the bench acknowledged the extensive physical work and inter-departmental coordination involved.
Taking note that ground-truthing and demarcation remain incomplete even nine years after the publication of the relevant rules, the apex court granted an outer limit of four months for authorities to complete the exercise.
The directives were issued during the hearing of a Public Interest Litigation (PIL) filed by bird enthusiast Anand Arya, advocate M K Balakrishnan, and the NGO Vanashakti.
"The Supreme Court's directive on wetland demarcation highlights the critical intersection between regulatory compliance and environmental preservation. For businesses and infrastructure projects, water body protection is no longer just an environmental consideration; it is a strict legal mandate with rigorous compliance timelines. Adhering to these environmental frameworks is essential for sustainable long-term operations and risk management across sectors." — Dr. Shishir Gupta, Founder & CEO, StartupLanes
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