Rajasthan HC Takes Suo Motu Cognizance of Threats to State Wetlands, Orders Immediate Protective Measures
Rajasthan High Court has taken suo motu cognizance of the threats being faced by wetlands across the state of Rajasthan owing to pollution, encroachments, discharge of sewage, shrinking water spread, inadequate conservation measures, etc.
While underscoring the right under Article 21, duties under Articles 48A and 51(A)(g) of the Constitution, as well as the Public Trust doctrine, the division bench of Dr. Justice Pushpendra Singh Bhati and Justice Rekha Borana observed that it was necessary to invoke its suo motu jurisdiction in larger public interest for conservation and sustainable management of wetlands in Rajasthan.
“The continued degradation, pollution, encroachment and disappearance of wetlands not only threatens biodiversity and ecological balance but also undermines water security, climate resilience and the quality of life of present and future generations.”
“The failure to identify, notify, conserve and protect wetlands in accordance with the applicable statutory framework may result in irreversible ecological consequences, including loss of biodiversity, depletion of groundwater resources, increased vulnerability to droughts and floods, deterioration of water quality and destruction of habitats essential for wildlife and migratory species.”
It was observed that Rajasthan had approx. 46,748 welands out of which only a small fraction was notified for statutory protection under the Wetlands (Conservation and Management) Rules, 2017 (the “Rules”). It indicated that several wetlands were facing threats arising from pollution, encroachments, discharge of sewage water, shrinking water spread etc.
In this background, the Court directed issuance of notices to all the concerned authorities, and directed filing of respective detailed status reports on the following: inventory of wetlands; wetlands notified/not notified under the Rules; digital records of wetlands; status of Ramsar sites; encroachments affecting wetlands; discharge of waste water/sewage/industrial effluents in wetlands; biodiversity assessments; funds allocations and utilizations towards wetlands management, and restoration/conservation projects undertaken.
Furthermore, the State Government has been directed to consult wetland ecologist, hydrologist, biodiversity experts, etc., for a comprehensive assessment of the status of wetlands and formulation of appropriate measures for their identification, notification, conservation, restoration, and sustainable management.
The Court has also laid down interim measures to be followed by the concerned authorities, that included, state-wide surveys and inspection of the major wetlands to be undertaken.
The authorities shall ensure that no further encroachments takes place on the identified wetlands, and similarly, no untreated sewage/waste-water/industrial waste etc., was discharged into these.
Furthermore, the State shall undertake assessment of wetlands which were of ecological, hydrological and biodiversity significant but were not yet notified under the Rules, and ensure maintenance of their status quo until further orders of the Court.
Finally, the concerned authorities are also required to submit details regarding implementation of management plans, conservation programmes, and restoration projects undertaken in relation to significant wetlands.
Along with this, a time-bound roadmap indicating immediate, short-term and long-term measures shall also be placed before the court, proposed for protection, restoration and sustainable management of wetlands.
The matter is listed on July 6, 2026.
Title: IN Re: Protection, Conservation and Notification of Wetlands in the State of Rajasthan and Preservation of Biodiversity, Groundwater Recharge and Ecological Sustainability