Introduction:

In the case titled Pramod Kalita & 2 Ors. v. The Union of India & 17 Ors. (PIL/18/2023), the Gauhati High Court addressed concerns regarding unauthorized earth-filling and construction activities in Deepor Beel, a significant freshwater lake in Guwahati and a designated Ramsar site. The division bench, comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam, issued directives to the Public Works Department (PWD) to halt and remove such activities to preserve the ecological integrity of the wetland.

Petitioners’ Contentions:

The petitioners, led by environmental activist Pramod Kalita, filed a Public Interest Litigation (PIL) highlighting the detrimental impact of ongoing earth-filling and construction within the Deepor Beel area. They emphasized that Deepor Beel is not only a crucial freshwater resource for Guwahati but also holds international significance as a Ramsar site. The petitioners argued that the unauthorized activities threatened the wetland’s biodiversity, disrupted its ecological balance, and violated environmental regulations aimed at protecting such sensitive ecosystems.

Respondents’ Defense:

Representing the PWD, Counsel P. Nayak acknowledged that earth-filling and construction activities were being undertaken near Dharapur Tiniali for a proposed elevated corridor project. He contended that the project did not fall under the purview of the Environmental Impact Assessment (EIA) Notification of 2006, thereby negating the requirement for environmental clearance from the Principal Chief Conservator of Forest (Wildlife) and the Chief Wildlife Warden of Assam. Nayak further informed the court that the project had been cancelled and assured that the temporary earth-filling and related activities would be discontinued promptly. He estimated that approximately six to eight weeks would be necessary to remove the temporary structures and restore the area.

Court’s Judgment:

After considering the submissions, the division bench expressed dissatisfaction with the proposed timeline for remediation. The court underscored the ecological importance of Deepor Beel and the urgency of mitigating any environmental harm resulting from unauthorized activities. Consequently, the bench directed the PWD to file an affidavit confirming that all earth filling and construction activities in the Deepor Beel area would be removed by the next hearing date. The court emphasized the necessity of immediate action to prevent further ecological degradation and to uphold environmental laws protecting such vital wetlands.

Additionally, the court instructed the registry to verify whether a suo moto PIL had been registered in compliance with the Supreme Court’s directive dated December 11, 2024, in WP(C) No.304/2018. This directive called for High Courts to initiate suo moto PILs to ensure the proper maintenance of Ramsar sites within their jurisdictions.