Demarcate and protect wetlands, SC tells states
The bench was hearing a PIL by Anand Arya, a Greater Noida based birder and environmentalist, advocate MK Balakrishnan and NGO Vanashakti
The Supreme Court on Wednesday ordered the protection of around 30,000 more wetlands over the 201,503 protected by a 2017 order, and, more importantly, asked states and Union Territories to ensure the demarcation and ground truthing them within three months — a significant step in the protection of habitats usually ignored by governments.

To be sure, the court order covers only wetlands that are more than 2.25 hectares in size.
The number of wetlands is based on satellite data from SAC-ISRO, which is why it needs to be ground-truthed.
Also Read: Latest spell of snowfall, rain draw winged guests to Kashmir valley’s wetlands
The bench was hearing a PIL by Anand Arya, a Greater Noida based birder and environmentalist, advocate MK Balakrishnan and NGO Vanashakti. The next date in the matter has been kept for March 25, 2025.
The bench, comprising justices Sudhanshu Dhulia and Ahsanuddin Amanullah further directed suo motu monitoring of 85 Ramsar sites. In April 2017 ,the top court passed a direction asking high courts where 59 Ramsar sites were identified to initiate suo motu proceedings to conserve these water bodies.The petitioners urged the court that an additional 26 sites also need to be monitored. These sites fell under the monitoring of the high courts at Patna, Bombay (Bombay and Goa bench), Karnataka, Gauhati (Aizawl bench) and Uttarakhand.
Also Read: NGT orders removal of water hyacinth from Dhanauri Wetlands, pushes for Ramsar status
Ramsar sites are wetlands of international importance under Ramsar Convention on Wetlands — an international treaty for their conservation and sustainable use. It was named after the city of Ramsar in Iran, where the convention was signed in 1971. Wetlands are defined essentially as “areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres.”
The petitioners were represented by senior advocates Gopal Sankaranarayanan, Jayant Bhushan and Anitha Shenoy.
Also Read: 3 more Indian wetlands get Ramsar tag
According to the note submitted by the petitioners, there are around 5,55,557 wetlands which are less than 2.25 ha in area as identified in the National Wetland Inventory & Assessment (Space Application Centre, SAC) 2011, that also need to be notified and protected. The court is yet to consider this suggestion and is expected to take it up in March .
The court’s order is in response to an affidavit submitted on November 11 by the union environment ministry which captures the status of wetlands in 31 states and UTs. The affidavit states that there are 2,31,195 wetlands in India as per satellite based observation by SAC but that only 92 of those have been notified to be protected under Wetlands (Conservation and Management) Rules 2017.
States have conducted ground truthing for 81, 649 wetlands during which they found an additional 110 wetlands but boundary demarcation has been conducted for only 784 wetlands, and brief documents created for only 1965 wetlands, the affidavit said. Of these 85 wetlands are Ramsar sites.
The affidavit followed a court order on October 1 that sought a status report as to what steps have been taken by the states and UTs in conserving the wetlands in their respective jurisdiction.
The affidavit clearly showed that the court’s October 2017 order in which it directed that 201,503 wetlands (including Dhanauri which Arya has been fighting to protect for decades) mapped by the union government should be protected under Rule 4 of the Wetlands (Conservation and Management) Rules, 2010. Wetland rules were amended in 2017 giving states powers to not only identify and notify wetlands within their jurisdictions but also keep a watch on prohibited activities.
In a March 8, 2022 office memorandum, the union environment ministry reiterated the apex court’s order and stated that this protection is irrespective of the applicability of/notification as per the Wetland Rules, 2017.
Arya moved the Supreme Court in 2018 seeking information on the implementation of the Wetland Rules 2017, which decentralise wetlands management by giving states powers to not only identify and notify wetlands within their jurisdictions but also keep a watch on prohibited activities. “The central government has not merely delegated, but has completely abdicated its functions under the Environment Protection Act, 1986,” the petition said. Arya also pointed out that no wetlands were conserved even under Wetland Rules 2010.
SC’s directions on Wednesday are critical because wetlands in India support rich biodiversity especially of birds; act as buffer to droughts and floods; help recharge groundwater; act as spaces of conservation in concrete, dense urban areas; act as “common” lands to residents among many others.
