The ruling on the Asan wetland conservation reserve would apply to other wetland conservation reserves across the country for the sake of parity. File.
| Photo Credit: N. Rajesh
The Supreme Court orally clarified on Tuesday (August 4, 2026) that a direction banning mining activities within a 10 km radius of the Asan wetland conservation reserve, a Ramsar site in Uttarakhand, would apply to other wetland conservation reserves across the country for the sake of parity.
“Wherever it is a community or a wetland conservation reserve, Asan [directions] will be applied. Wetlands are in a different category… We are conscious of the extent to which we are laying down parity. It is not that it [directions] would apply to Madhya Pradesh or would apply to West Bengal only…” Justice Joymalya Bagchi, part of the Bench headed by Chief Justice of India Surya Kant, observed.
The court was hearing an application filed by Himachal Pradesh arguing that the 10 km radius restriction imposed in Uttarakhand should not apply to it.
Himachal Pradesh said the Asan reserve did not come within its territory. Its counsel said there was no need for a buffer zone outside the reserve area, unlike in the case of national parks and sanctuaries.
The trigger for the Himachal Pradesh plea was a pending petition in the State High Court arguing that since Uttarakhand and Himachal Pradesh were adjoining States, the February 14, 2014 direction of the apex court would extend to the latter also.
Chief Justice Kant said there was no argument on the fact that the Himalayan terrain passed through both the adjoining States.
The apex court, however, said whether the Asan reserve was located in Himachal Pradesh or not was a question of fact.
The Bench directed the standing committee of the National Board of Wildlife or the Ministry of Environment, Forests and Climate Change to determine the fact.
The top court underscored that if the wetland conservation reserve was found to be in Himachal Pradesh, the February 14, 2024, ban on mining in Uttarakhand would extend to Himachal Pradesh too.
If, on the other hand, the reserve is not found to be in the Himachal Pradesh territory, the decision on whether or not to allow mining would be taken by the competent authority in accordance with the law.
“The entire Himalayan terrain has to be governed by the same set of directions. The only exception can be if an expert committee says the wetland reserve is not in your State,” the CJI addressed Himachal Pradesh.
On February 14, 2024, the apex court passed an interim order that “no mining activities would be carried out within 10 km radius of the Asan wetland conservation reserve without the project proponent obtaining permission from the Standing Committee of the National Board of Wildlife and/or MoEF&CC. The additional reason that weighs with us in issuing this direction is due to the importance given to the wetland, which was declared to be Ramsar site under the Ramsar Convention”.
Published – August 04, 2026 03:37 pm IST
