Protect Wetlands - Ensure Water Security - Punish Derelict Officials

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The Chief Justice and Fellow Justices
Supreme Court of India
New Delhi
 
This is being submitted in terms of the Article 32 of The Constitution of India to the Hon’ble Supreme Court of India for appropriate proceedings against the Derelict and Erring Governments and Officials who were/are responsible and have failed in protecting the Wetlands of the India that help provide Clean Water and Environment for me to enjoy ensuring my Fundamental Right to Life which is inclusive of a Clean Environment (I.A Nos. 2609-10 of 2009 in WP (C) No. 202 of 1995) and access to Clean Water.
 
Brief Facts and Background Details are:
 
1.     That as a Citizen of India I have and am continuing to perform my duties as a Citizen under Article 51 A (g) of the Constitution of India.
2.    That as per National Wetland Inventory & Assessment (done by SAC-ISRO for MOEFCC) there are 757060 Wetlands (201503 Wetlands of Size > 2.25 Ha) with an Area 1.536 Crore Ha (roughly 4.5% of Country’s Geographical Area).
3.    That the Wetlands contribute annually anywhere from 45-105 Billion Cubic Meters of Water to Underground Water Resources (based on Empirical Data).
4.    That 90% of Population India is dependent on Under-Ground Water for its Drinking Water Requirements.
5.    That 80% of Agriculture, in areas sans irrigation facility, too is dependent on Under-Ground Water
6.    That Not One Single Wetland (except the 27 Ramsar Wetlands) has been notified since 1971 when India signed the Ramsar Convention.
7.    That India is under obligation to fully implement the guarantees given under Ramsar Convention to Protect Wetlands in the Country.
8.    That The Environment (Protection) Act 1986 requires the Wetlands to be protected.
9.    That Hon’ble National Green Tribunal, in O.A 3 & 501 of 2015, had on many hearings during 2015-17 passed directions for implementation of Wetland (Conservation and Management) Rules 2010 as these Rules enshrined a Legal & Statutory for the State to perform. These directions have remained unimplemented.
10.That this Hon’ble Supreme Court had on 8thFebruary 2017 in W.P. (C) 230/2001 had granted Protection of Rule 4 of Wetland Rules 2010 to 201503 Wetland of Size > 2.25 Ha.
11.That with Rules 2017 being notified, Hon’ble Supreme Court had reiterated, on 4thOctober 2017, its Order of the Protection granted on February 2017.
12.That under threat of Contempt and Punishment for not complying with Judicial Directions, Wetland Rules 2010 were replaced by Wetland (Conservation and Management) Rules 2017 in September 2017. These Rules too remain unimplemented with Not a Single Wetlands being Identified and Notified (Basis – Reply to an RTI Application by MOEFCC with there being no Exclusive Web Portal existing as mandated by rules 2017)
13.That I have submitted any number of petitions in the forms of On Line Petitions, E-mails and Messages of Social Media like Facebook and Twitter and Application under The RTI Act to Hon’ble Prime Minister, Minister – MOEFCC and Minister - Jal-Shakti (MOWR) asking for identification and Notification of the Wetlands across India besides the above cited Petitions with the Judiciary.
14.That there have been no replies from the PMO.
15.That Jal-Shakti Ministry had opined that Wetlands are not their business and that MOEFCC be contacted. (Even though MOWR is responsible for all Under-Ground Water Resources).
16.That MOEFCC says the Identification and Notification of Wetlands is now Responsibility of   States/UTs and MOEFCC is not responsible – this is Abdication of MOEFCC Responsibility and not Delegation since Wetlands are governed by the Environment (Protection) Act and a Sovereign Guarantee.
 
Prayers:
 
1.    That all the Ministers and Officials who had been responsible for discharge of this Legal & Statutory duty, especially sine November 2010 when Wetland Rules 2010 were Gazette Notification was issued, be held responsible for Dereliction of Duty and punished appropriately under the relevant Laws of Land including Breech of Public Trust, Precautionary Principle, Polluter Pays Principle for Environment Compensation and any Administrative Law pertaining to Government Servants..  This Prayer is being made in view of the fact that not one single official of any rank has ever been punished for dereliction of duty, to the best of my knowledge, in any sphere of work.
2.    That the MOEFCC be directed to ensure that the Directions given by this Hon’ble Supreme Court in W.P. (C) 230/2001 for Identification and Notification and Protection of Wetlands are implemented in a Given Time-frame.
3.    That MOEFCC be directed to issue directions to States/UTs for Identification and Protection of Wetlands under Section 5, read with Section 15, of the Environment (Protection) Act 1986
4.   That the Punishment be given to the Individual and not to Ministry/Institution since any fine imposed would be in the nature of punishing the Public whose money is held by Government(s) in Trust.
5.     That such persons should be held for Committing Contempt of this Hon’ble Supreme Court as also of Hon’ble National Green Tribunal.
 
A 35 Minute Documentary has been completed show-casing  a Representative Wetland, Usefulness of Wetlands, Fantastic Bird Life and why these must be Protected and in particular why this Wetland – Dhanauri Wetlands – must be Protected as a Wetland, as a Ramsar Wetland of  International Importance and a Sanctuary for Sarus Cranes. The Film has been submitted to various International Film Festival and has won 4 Awards.{Preview Link:  https://youtu.be/4YVA2eoVksI   )
 
Submitted for Adjudication.
 
Anand Arya
353, Sector 15A, NOIDA 201301 (+ 91 9818261909)