Lawyer Moves Kerala High Court Over Water Pollution In Ashtamudi Lake And Mangrove Forest Destruction

Ashtamudi Lake in Kollam district is Kerala's second-largest wetland ecosystem. It is designated as a wetland of international relevance under the Ramsar Convention on Wetlands. The Ashatmudi Lake is encircled by Kollam Municipal Corporation and 12 Grama Panchayaths.

The Division Bench comprising Chief Justice A J Desai and Justice V G Arun has posted the matter to July 05. The Court also issued notice to Kollam Municipal Corporation and concerned Grama Panchayaths.

The plea alleges that Ashtamudi Lake is facing severe pollution, degradation and encroachments which are causing the destruction of vital mangrove forests. It is alleged that the lake is being polluted due to indiscriminate disposal of sewage, toilets and solid waste discharge from nearby hospitals, residential areas, and commercial and government establishments. It is further alleged that sewage and biomedical waste flow into the lake without treatment.

The plea alleges that illegal encroachments and constructions on the lake shores has led to destruction of mangrove forest causing an ecological crisis. It is stated that mangrove forests is essential for the ecosystem providing habitats for a wide variety of flora and fauna. 

It is alleged that Ashtamudi Lake is not managed or taken care of by the government despite its ecological significance. The plea points out that in March 2023, the National Green Tribunal (NGT) imposed 10 crore rupees as a fine on the state government for failing to protect the Ashtamudi and Vembanad lakes.

It is stated that the 15^th Kerala Legislative Assembly has submitted a detailed report before the Kerala Legislative Assembly regarding the measures to be adopted to improve the water quality in the lake, including the formation of the Ashtamudi Wetland Management Authority.

It is stated that the pollution of Ashtamudi lakes violates the fundamental right under Article 21 to live in a clean and healthy environment. It is also stated that the State has a constitutional duty under Article 48A to protect and safeguard the environment.

It is further alleged that illegal waste dumping violates the Water (Prevention and Control of Pollution) Act, The Environment (Protection) Act and the Wetland (Conservation and Management) Rules, 2017.

The plea thus seeks direction from the Court to clean and remove waste from the Ashtamudi Lake and restore its water quality by implementing sewage treatment facilities. It also seeks directions from the Court to remove illegal encroachments and demolish illegal constructions from the lake shores to restore its natural boundaries.

The plea also seeks to appoint an independent monitoring committee by the Court for implementation of the remedial measures and to ensure compliance. It also directions from the Court to ensure continuous monitoring from the authorities to ensure the long-term conservation of the Ashtamudi Lake.

The plea has been moved by Advocates Ajmal A Karunagappally, Dhanush C A, Priyanka Sharma M R, Ananya M G

Case Title: Advocate Boris Paul v Union of India and Others

Case Number: WP(C) 18400/2024