Kerala HC orders dedicated authority, management plan to save Ashtamudi lake

Kochi | The Kerala High Court has directed the state government to set up a dedicated authority and prepare a specific management plan to protect the ecologically fragile Ashtamudi Lake, warning that the wetland is under serious threat from pollution, encroachment, and unregulated activities.

A division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji disposed of a Public Interest Litigation (PIL) that highlighted the deteriorating condition of Ashtamudi Lake, a Ramsar Site of international importance.

The court noted that despite the Wetlands (Conservation and Management) Rules, 2017 mandating such measures, as of today, therefore, Ashtamudi lacks both a dedicated unit and a specific management plan. The absence of these two crucial components has resulted in haphazard and disjointed efforts, leading to the resultant situation.

The bench stressed that the first and foremost requirement for conserving the lake is "that a dedicated multi-member unit has to be constituted" and that "an integrated management plan for Ashtamudi which will be implemented by this Unit" must be prepared.

The court observed that without the plan in place, steps taken for the conservation of Ashtamudi Lake could only be ad hoc and haphazard.

The plan has to identify and address the specific ecological and hydrological conditions of the site, assess threats, propose conservation and restoration actions, and include timelines, budgets, and performance indicators, it said.

The court also noted that pollution from sewage, biomedical waste, and solid waste, along with mangrove destruction caused by encroachment, were major threats to the lake.

In 2023, the National Green Tribunal (NGT) had imposed a Rs 10 crore penalty on the government for failing to protect the lake.

In its final order, the bench issued several binding directions, including the constitution of the Ashtamudi Wetland Management Unit within two months, "by issuing an official notification in that regard."

The first meeting of the Unit is to be held within two months of notification to finalise procedures.

Other directions include the preparation of a Standard Operating Procedure to govern the Unit's functioning, including co-ordination among stakeholders. The state was directed to provide "necessary office infrastructure, support staff, and funding" for the Unit.

The court said the Unit must have its own website or dedicated web page with public access, including the management plan, its composition, and a feedback mechanism for citizens.

It further stated that the Integrated Management Plan for Ashtamudi must be finalised within six months, in line with regulations, and that an interim management plan must be prepared until the final plan is ready.

All government departments and agencies were directed to extend "full co-operation" to the Unit.

The court also emphasised the need for public participation, directing that the website should have a "digital feedback mechanism (web/social media) for the general public to bring to its notice the matters of concern by enabling them to upload/share audio-visual material."

The petition was accordingly disposed of, with liberty to the Secretary of the Ashtamudi Wetland Management Unit to approach the court again if further directions are needed.