Courts cannot be unmindful when precious water bodies remain unprotected: SC

The Supreme Court has said that courts cannot be unmindful when precious water bodies remain unprotected, while directing all states and authorities to undertake physical ground-truthing and demarcation of wetlands.

A Bench of Justices Aravind Kumar and Vipul M. Pancholi said that water bodies, being a source of drinking water, are precious and would fall within the four corners of the right to life, as guaranteed under the Constitution.

“This Court cannot remain a mere spectator or be unmindful of the consequences flowing from water bodies remaining unprotected,” the Bench said.

In order to achieve this objective, the Court reiterated its directions to States and Wetland Authorities to undertake physical ground-truthing of water bodies, if not already done, and file a compliance affidavit detailing the mode and method adopted for the exercise.

The Court initially said the affidavits should be filed within an outer limit of four weeks.

“Senior Counsel Shekhar Naphade has vociferously contended that undertaking the exercise of ground-truthing by the officials would be time-consuming exercise and has prayed for reasonable time of six to nine months being granted,” it said.

The Bench said it was conscious of the extensive physical work involved and the need for coordination between departments.

“Yet, being alive to the situation, we deem it proper to grant four months’ time to complete the said exercise,” the Bench said. The top court said even after nine years from the date of publication of the Rules, ground-truthing and demarcation have not been completed or concluded.

The top court was hearing a PIL by bird enthusiast Anand Arya, advocate M. K. Balakrishnan and NGO Vanashakti.