Rajasthan High Court takes suo motu cognizance of wetland degradation, bars encroachment and dumping

Jaipur: The Rajasthan High Court has taken suo motu cognizance of the deteriorating condition of wetlands across the State, registering the matter as a Public Interest Litigation under Article 226 and directing, as an interim measure, that no encroachment, reclamation, dumping, filling, construction activity or alteration of the physical boundaries of identified wetlands be permitted without due process of law.

The division bench of Dr. Justice Pushpendra Singh Bhati and Ms. Justice Rekha Borana, sitting as vacation judges at the Principal Seat at Jodhpur, acted on newspaper reports published in a newspaper indicating that Rajasthan possesses approximately 46,748 wetland units, of which only a small fraction has been notified for statutory protection under the Wetlands (Conservation and Management) Rules, 2017.

Anchoring the proceedings in the Public Trust Doctrine, the Court observed:

“Wetlands, by virtue of their ecological significance and public utility, are resources held by the State in trust for the benefit of the public under the well-recognized Public Trust Doctrine and therefore cannot be permitted to suffer degradation, pollution, encroachment or destruction.”

Describing wetlands as the “kidneys of the landscape”, the bench noted that they perform indispensable functions including groundwater recharge, flood moderation, water purification, carbon sequestration and preservation of biodiversity, and that in an arid, water-stressed State such as Rajasthan their significance is even greater. The Court held that the protection of wetlands is intrinsically linked to the right to a clean and healthy environment under Article 21, and referred to the State’s obligation under Article 48A, the fundamental duty of citizens under Article 51A(g), the Ramsar Convention, and the principles of sustainable development, precautionary approach and inter-generational equity. It also took note of the Supreme Court’s consideration of the issue in Ravindra Sinha & Ors. v Union of India & Ors., W.P. (Civil) No. 463/2026.

The Rajasthan Patrika reports, the bench recorded, disclosed threats to wetlands from pollution, encroachments, discharge of sewage and waste water, dumping of solid waste, land-use changes and shrinking water spread areas, and prima facie reflected “a larger and continuing concern relating to the identification, notification, protection, conservation and scientific management of wetlands across the State of Rajasthan.”

The matter has been registered as Suo Motu: In Re: Protection, Conservation and Notification of Wetlands in the State of Rajasthan and Preservation of Biodiversity, Groundwater Recharge and Ecological Sustainability, with sixteen respondents including the Chief Secretary, the Principal Secretaries of the Environment, Forest, Urban Development, Local Self Government, Water Resources and Ground Water departments, the Rajasthan State Pollution Control Board, the State Wetland Authority, the Rajasthan Biodiversity Board, the Principal Chief Conservator of Forests (Wildlife) and the District Collectors of Udaipur, Ajmer, Bharatpur and Phalodi.

All respondents have been directed to file detailed affidavits covering, inter alia, a district-wise inventory of wetlands, the status of notification under the Rules of 2017 with reasons for non-notification, GIS mapping and boundary demarcation, the ecological condition of Ramsar Sites, details of encroachments and pollution sources, the functioning of the State Wetland Authority, funds allocated and utilised over the preceding five years, and a comprehensive action plan with short-term, medium-term and long-term measures.

By way of interim directions, the Court has ordered a State-wide survey of wetlands, prohibited the discharge of untreated sewage, municipal waste, industrial effluents and construction debris into wetlands or their catchment areas, directed inspection of major wetlands including Ramsar Sites, and ordered maintenance of status quo with regard to ecologically sensitive wetlands until further orders, except where restoration measures are being undertaken in accordance with law. The Rajasthan State Pollution Control Board has been directed to conduct water quality assessment of major affected wetlands and report on contamination levels and action taken against violators, while the Chief Secretary has been directed to circulate the order to all District Collectors.

Mr. Rajesh Panwar, Senior Advocate and Additional Advocate General, assisted by Mr. Ayush Gehlot, along with Additional Advocates General Mr. N.S. Rajpurohit and Mr. Mahaveer Bishnoi and Government Counsel Mr. Mahendra Bishnoi and Mr. P.S. Chundawat, were directed to obtain instructions on behalf of the respondents. Advocates Mr. Jubin Mehta, Mr. Divik Mathur and Mr. Harshvardhan Singh Rathore have been appointed Amicus Curiae.

The order was passed on 01.06.2026 and the matter is listed on 06.07.2026.

Title: Suo Motu: In Re: Protection, Conservation and Notification of Wetlands in the State of Rajasthan v State of Rajasthan & Ors

Case No.: D.B. Civil Writ Petition No. 12377/2026

Counsel for respondents: Mr. Rajesh Panwar, Sr. Advocate & AAG with Mr. Ayush Gehlot; Mr. N.S. Rajpurohit, AAG; Mr. Mahaveer Bishnoi, AAG; Mr. Mahendra Bishnoi and Mr. P.S. Chundawat, Government Counsel

Amicus Curiae: Mr. Jubin Mehta, Mr. Divik Mathur and Mr. Harshvardhan Singh Rathore