Put forth suggestions on alleged encroachments of Ramsar sites: High Court to amicus curiae

Srinagar, Dec 5: The High Court of J&K and Ladakh has asked amicus curiae in its suo moto

Public Interest Litigation (PIL) to submit suggestions about alleged violations and encroachments which have allegedly taken place in seven wetlands recognised to be of international importance and declared Ramsar Sites in J&K and Ladakh.

A division bench of Chief Justice, N Kotiswar Singh and Justice Moksha Kazmi asked Nadeem Qadri, the amicus curiae, to put forth suggestions to the comprehensive and voluminous report submitted by the Wildlife Warden, Kashmir, following his request for the same.

“Accordingly, the amicus curiae may submit the same (views) along with his suggestions about certain alleged violations and encroachments which have allegedly taken place in Ramsar Wetland sites,” the court said after the amicus curie informed it that he had received the report submitted by the Wildlife Warden, Kashmir.

In its report, Wildlife Warden Kashmir has stated that wetlands should be conserved by ensuring their wise use that is sustainable utilisation for the benefit of mankind in a way compatible with the maintenance of the natural properties of the ecosystem.

The report indicates that the demarcation of the Wular Lake has been carried out and 1159 concrete boundary pillars have been fixed all over the periphery of the lake.

“The boundary line is duly digitised using GPS and Remote Sensing technology and each boundary pillar is properly geo-referenced. The net area of Wular Lake at present is 130 sq km,” it says.

The report divulges that an area of 4.35 sq km of critically silted area of lake stands restored by removing 72.80 lakh cum of silt from the Wular Lake.

As per the report, the present dredging operations are being carried out by modern and hi-tech machines such as Cutter Suction Dredgers for efficient, fast, and quality dredging from the lake.

“Under Willow Action Plan 1.20 lakh willows have been removed from the lake for its eco-restoration generating revenue of Rs 24.35 crore,” the report says.

Besides this, it says that the choked feeder channel (Naaz Nallah), having a total length of approximately 6 km stands completely de-silted, cleaned, and restored to its original course thus restoring hydrological connectivity between Wular Lake and Malgam Rakh.

While the report underscores that water quality monitoring is done every month through J&K Pollution Control Committee for 17 parameters, it indicates that all water quality parameters of the lake are within permissible limits for designated best-use category ‘C’ as per water quality standards (HS 2296:1992).

Observing the failure of the government to file the status report as a “serious lapse”, the court on November 20 granted a final opportunity to the government to file the report indicating the status of seven Ramsar Sites.

“Afforestation of badly degraded catchment areas stands carried out using planting of approximately 16.76 lakh saplings (both conifer and broadleaved species) for mass greening of the denuded hill in Erin and Madhumati Watersheds,” the report says.

Initially, four wetlands of J&K and Ladakh were recognised to be of international importance and were declared as Ramsar sites under the Ramsar Convention on Wetlands.

There are now seven wetlands covered under the Ramsar Convention on Wetlands including Hokersar, Wular Lake, Shalbugh and Haigam in Kashmir Valley, Tso Moriri and Tso Kar in Ladakh, and Surinsar-Mansar lakes in Jammu.

J&K High Court in compliance with directions by the Supreme Court on April 3, 2017, had treated an affidavit filed by the petitioner M K Balakrishnan before the apex court regarding certain wetlands which were covered under the Ramsar Convention on Wetlands as PIL.