Kerala High Court orders formation of wetland body to save Ashtamudi Lake

The Kerala High Court directed the State government and the State Wetlands Authority to constitute a dedicated Ashtamudi Wetland Management Unit and create a public feedback mechanism for reporting pollution, encroachments and ecological violations affecting the Ramsar-designated Ashtamudi lake. [Adv Boris Paul v State of Kerala & Ors].

A Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji passed the judgement in a public interest litigation (PIL) petition moved by advocate Boris Paul and HELP Foundation, highlighting the continued ecological decline of Ashtamudi Lake due to sewage discharge, mangrove destruction, illegal constructions and administrative inaction.

The Court observed that despite the ecological importance of Ashtamudi lake, the State had failed to establish a dedicated authority or implement a site-specific conservation plan. It noted that various government departments and local bodies were functioning in isolation, resulting in fragmented and ineffective conservation measures.

Recognising this, the Court directed the State to formally constitute the Ashtamudi Wetland Management Unit within two months and convene its first meeting within two months of notification.

"The State Government and the State Wetland Authority as per the Wetlands (Conservation and Management) Rules, 2017 shall constitute a specific Unit for the Ashtamudi Wetland – Ashtamudi Wetland Management Unit, as stated in the remarks placed on record by way of memo dated 7 July 2025 by the State Wetlands Authority, within a period of two months from today by issuing an official notification in that regard," the Court directed.

It also ordered that a dedicated website or web page should be set up for the unit with a public feedback mechanism, allowing citizens to upload photographs, videos and reports of violations so as to ensure transparency and enable feedback mechanism for community participation.

"The Ashtamudi Wetland Management Unit shall have its own website or, at the minimum a dedicated web page hosted on the official website of the State Wetlands Authority with a feedback mechanism with public access," the Court added.

The Court noted that although various government departments and local bodies were involved in activities affecting the lake, their actions were uncoordinated and lacked a unified purpose. 

"Two requirements are essential for the conservation of Ashtamudi Wetland. First, a dedicated authority consisting of various stakeholders and experts. Second, a site-specific, scientific, and comprehensive management plan. These are not only desirable but also legal requirements under the legislative framework. Both these requirements are not in place for Ashtamudi Wetland," the Court said.

While the State submitted that a new plan was under preparation with expert support from Wetlands International South Asia, the Court emphasised that a fragmented approach could not save a complex wetland system like Ashtamudi.

To rectify this, the Court accepted the State's proposal for constituting the Ashtamudi Wetland Management Unit, chaired by the District Collector of Kollam, comprising officials from 12 grama panchayats, various departments (forest, tourism, irrigation, biodiversity, fisheries, etc), and nominated domain experts along with a full time CEO with technical staff, who would also act as the Member Secretary/Convenor of the Unit.

The Court laid down specific timelines and conditions for implementation and directed the State to issue an official notification constituting the Unit.

As for the management plan, the Court directed that the final Integrated Management Plan for Ashtamudi be prepared within six months in line with national guidelines and statutory requirements. In the meantime, it asked the State to consider developing a framework plan as an interim measure to guide ongoing conservation work.

The Court concluded that without a functional authority and a strategic, science based management plan, all conservation efforts would remain fragmented and ineffective.

While disposing off the petition, it granted liberty to the secretary of the newly constituted Wetland Management Unit to seek further directions in case of non-cooperation or lack of resources from government agencies.

Advocates Ajmal A, Dhanush CA, Priyanka Sharma MR and Ananya MG appeared for the petitioners.

The State was represented by Senior Government Pleader V Tekchand.

Standing counsel T Naveen appeared for the Kerala State Pollution Control Board and standing counsel MP Prakash represented the State Wetland Authority.

[Read Judgment]