Calcutta High Court Hears PIL on Illegal Construction in Wetlands
- ByAdmin --
- 31 May 2025 --
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The Calcutta High Court is actively hearing a Public Interest Litigation (PIL) addressing illegal constructions in the ecologically sensitive East Kolkata Wetlands. This landmark case brings into focus the challenges of balancing developmental demands with the imperative to protect fragile ecosystems under Indian environmental law.
Background
The East Kolkata Wetlands, covering around 125 square kilometers, serve as a natural wastewater treatment system, support diverse flora and fauna, and sustain local livelihoods through fishing and agriculture. Recognized internationally as a Ramsar site, these wetlands hold significant environmental value.
Despite these protections, unauthorized encroachments and constructions have proliferated over the years. These illegal activities threaten the wetlands' ecological balance, causing degradation of water quality and loss of biodiversity.
Legal Framework Protecting Wetlands
Several laws and constitutional provisions guide the conservation of wetlands in India:
- Environment (Protection) Act, 1986: Authorizes central government to protect the environment.
- Wetlands (Conservation and Management) Rules, 2017: Provides guidelines for wetland preservation.
- East Kolkata Wetlands (Conservation and Management) Act, 2006: Specific legislation protecting the East Kolkata Wetlands.
- Article 48A, Constitution of India: Directs the state to protect and improve the environment.
- Article 51A(g), Constitution of India: Imposes a fundamental duty on citizens to protect natural surroundings.
Directions Issued by the Court
The Calcutta High Court has issued several key directives aimed at curbing illegal constructions:
- Ban on New Constructions: Authorities are barred from granting permissions for new developments within the wetland area.
- Cutting Utilities to Illegal Structures: Power and water supply providers are restrained from servicing unauthorized buildings.
- No Registration of Illegal Properties: The district registrar is directed not to register properties illegally built in the wetlands.
- Strict Enforcement of Demolitions: The court has urged speedy demolition of unauthorized constructions to prevent further environmental harm.
Enforcement Challenges
Implementation of these orders remains a significant hurdle. Despite the court’s repeated instructions, demolition efforts have been slow due to administrative delays, political pressure, and resistance from encroachers. This lag in enforcement undermines the protective intent of environmental laws and jeopardizes the wetlands’ sustainability.
Environmental and Social Implications
Wetlands act as natural flood buffers and support rich biodiversity. Their destruction leads to increased flood risks, loss of habitat, and water pollution. Furthermore, local communities depending on wetland resources for fishing and agriculture face economic hardships due to encroachment.
Role of Judicial Oversight
The Calcutta High Court’s intervention exemplifies judicial commitment to environmental governance. The court ensures that constitutional mandates regarding sustainable development and environmental protection are respected and enforced.
Recommendations for Effective Conservation
- Accelerated Demolition and Eviction: Authorities must implement court orders promptly to stop further damage.
- Regular Monitoring: Use of satellite imagery and field inspections to identify violations early.
- Community Participation: Engaging local residents in conservation efforts as stakeholders.
- Policy Coordination: Strengthening inter-agency collaboration and updating laws where necessary.
- Awareness and Education: Promoting public understanding of wetland importance.
Conclusion
The PIL in the Calcutta High Court is a critical step toward protecting the East Kolkata Wetlands from illegal encroachments. It highlights the need for effective enforcement of environmental laws aligned with constitutional provisions. Protecting these wetlands is essential not only for ecological balance but also for the well-being of communities relying on them. The judiciary’s role remains central in ensuring these objectives are achieved.
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