The applicant sought preservation of Kabartal Wetland. The Tribunal noted the Supreme Court directed ground truthing and the Patna High Court has taken cognizance. Consequently, the Tribunal held no further order is needed and disposed of the application.
Original Application disposed of as the Patna High Court is seized of the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.05
Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.131/2024/EZ
Subhas Datta
Applicant
Versus
State of Bihar & Ors. Respondents
Date of hearing: 05.02.2026
CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Subhas Datta, the applicant in person (through VC).
Respondents: Mr. Surendra Kumar, Advocate for respondents no.1, 2, 3, 5, 6 and 7 (physically in EZB).
Ms. Amrita Pandey, Advocate for respondent no.4 (through VC).
ORDER
“It is clear now that the ground truthing and the demarcation of wetland boundary is the next step, which is to be undertaken
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by each of the State/UT Wetland Authorities in coordination with concerned nodal Department as provided under the Rules. It is a Statutory function which has been assigned to them under the Rules. We, therefore, direct each of the State/UT Wetland Authorities to complete ground truthing as well as the demarcation of wetland boundaries of each of the Wetland which have been identified for their State by Space Application Center Atlas (SAC Atlas), 2021.
For easy accessibility of this, each of the State/UT Wetland Authorities shall complete this work as expeditiously as possible, but definitely within a period of three months from today. Ms. Aishwarya Bhati, learned Additional Solicitor General, has assured this Court that they shall be doing the monitoring with each of the State and shall file a detailed affidavit before the next date of listing.
Vide our order dated 03.04.2017 (in Writ Petition (C) No. 230 of 2001), this Court has passed certain directions regarding protection of Ramsar Convention Sites (of wetlands) to be monitored by each of the High Court concerned and 15 High Courts were given such a direction. The relevant portion of order dated 03.04.2017 is reproduced as under :-
"We have put it to learned counsel for the petitioner that insofar as the Ramsar Convention sites are concerned, since they are matters of international heritage, it might be more appropriate if the concerned High Courts monitor the management of these sites at least till there is some visible improvement. Learned counsel for the petitioner says that he has no objection to this.
Under the circumstances, we direct the Registry of this Court to make photocopies of the affidavit filed by the Union of India by Dr. A. Duraisamy, Scientist 'F' and Member Secretary, Central Wetland Regulatory Authority and send it to the following High Courts:High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh, Gauhati High Court, Gujarat High Court, Himachal Pradesh High Court, J&K High Court, Kerala High Court, Madhya Pradesh HighCourt, Manipur High Court, Orissa High Court, Punjab and Haryana High Court, Rajasthan High Court, Madras High Court, Tripura High Court, Allahabad High Court and High Court at Calcutta. The affidavit be sent to the Registrar General of all the aforementioned High Courts within two weeks from today. A copy of all the orders passed by this Court from 10th September, 2014 till today shall also be sent to the concerned High Courts along with the affidavit. We request Hon'ble the Chief Justice of the concerned High Court to treat the affidavit as a suo motu public interest petition and,
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if necessary, appoint an amicus to assist the court so as to ensure that the Ramsar Convention sites within their jurisdiction are properly maintained. The affidavit by the Union of India should be filed within six weeks. List the matter on 12th July, 2017"
Now, the latest figure shows that these Ramsar sites have increased from 26 to 85, including 59 additional sites (cited below) falling under 5 other additional High Courts i.e. Patna, Bombay, Karnataka, Gauhati (Aizawl Bench as well) and Uttarakhand. The list of updated RAMSAR sites has been given to this Court, which is reproduced as under:-
List of 85 Ramsar Sites
| State/UT | Wetland | Date of Designation |
Area (hectares) |
||
|---|---|---|---|---|---|
| 1 | Andhra Pradesh(1) |
1. | Kolleru Lake | 19-08-2002 | 90100 |
| 2 | Assam (1) | 2. | Deepor Beel | 19-08-2002 | 4000 |
| 3. | Bihar(3) | 3.. | Kabartal Wetland | 21-07-2020 | 2620 |
| 4. | Nagi Bird Sanctuary | 11-10-2023 | 206 | ||
| 5. | Nakti Bird Sanctuary | 11-10-2023 | 333 | ||
| 4 | Gujarat(4) | 6. | Nalsarovar | 24-09- 2012 | 12000 |
| 7. | Wadhvana Wetland | 05-04- 2021 | 630 | ||
| 8. | Thol Lake Wildlife Sanctuary |
05-04- 2021 | 699 | ||
| 9. | Khijadia Wildlife Sanctuary |
13-04- 2021 | 512 | ||
| 8 | Goa(1) | 10. | Nanda Lake | 08-06- 2022 | 42 |
| 9 | Haryana (2) | 11. | Sultanpur National Park | 25-05- 2021 | 143 |
| 12. | Bhindawas Wildlife Sanctuary |
25-05- 2021 | 412 | ||
| 11 | Himachal | 13 | Pong Dam Lake | 19-08- 2002 | 15662 |
| Pradesh (3) | 14. | Chandertal Wetland | 08-11- 2005 | 49 | |
| 15. | Renuka Wetland | 08-11- 2005 | 20 | ||
| 14 | Jammu | 16. | Wular Lake | 23-03- 1990 | 18900 |
| Kashmir (5) | 17. | Surinsar-Mansar Lakes | 08-11- 2005 | 350 | |
| 18. | Hokera Wetland | 08-11- 2005 | 1375 | ||
| 19. | Hygam Wetland Conservation Reserve |
08-06-2022 | 802 | ||
| 20. | Shallbugh Wetland Conservation Reserve |
08-06- 2022 | 1675 | ||
| 19 | Karnataka (4) |
21. | Ranganathittu Bird Sanctuary |
15-02- 2022 | 518 |
| 22. | Ankasamudra Bird |
10-03-2023 | 98.76 |
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| Conservation Reserve | |||||
|---|---|---|---|---|---|
| 23. | Aghanashini Estuary | 14-02-2023 | 4801 | ||
| 24. | MagadiKere Conservation Reserve |
14-02-2023 | 54.38 | ||
| 20 | Kerala(3) | 25. | Asthamudi Wetland | 19-08- 2002 | 6140 |
| 26. | Sasthamkotta Lake | 19-08- 2002 | 373 | ||
| 27. | VembanadKol Wetland | 19-08-2002 | 151250 | ||
| 23 | Ladakh(2) | 28. | Tso Kar Wetland Complex |
17-11-2020 | 9577 |
| 29. | Tsomoriri Lake | 19-08- 2002 | 12000 | ||
| 25 | Madhya | 30. | Bhoj Wetlands | 19-08- 2002 | 3201 |
Pradesh (5) |
31. | Sirpur Wetland | 07-01- 2022 | 161 | |
| 32. | Sakhya Sagar | 07-01- 2022 | 248 | ||
| 33. | Yashwant Sagar | 07-01- 2022 | 823 | ||
| 34. | Tawa Reservoir | 08-01- 2024 | 20050 | ||
| 29. | Maharashtra | 35. | Nandur Madhameshwar | 21-06- 2019 | 1437 |
| (3) | 36. | Lonar Lake | 22-07-2020 | 427 | |
| 37. | Thane Creek | 13-04- 2022 | 6521 | ||
| 32. | Manipur (1) | 39. | Loktak Lake | 23-03- 1990 | 26600 |
| 33 | Mizoram (1) | 39. | Pala Wetland | 31-08- 2021 | 1850 |
| 34 | Odisha (6) | 40. | Chilka Lake | 01-10- 1981 | 116500 |
| 41. | Bhitarkanika Mangroves | 19-08-2002 | 65000 | ||
| 42. | Satkosia Gorge | 12-10- 2021 | 98197 | ||
| 43. | Tampara Lake | 12-10- 2021 | 300 | ||
| 44. | Hirakud Reservoir | 12-10- 2021 | 65400 | ||
| 45. | Ansupa Lake | 12-10- 2021 | 231 | ||
| 40 | Punjab (6) | 46. | Harike Lake | 23-03-1990 | 4100 |
| 47. | Kanjli Lake | 22-01-2002 | 183 | ||
| 48 | Ropar Lake | 22-01-2002 | 1365 | ||
| 49. | Beas Conservation Reserve |
26-09-2019 | 6429 | ||
| 50. | Keshopur - Miani Community Reserve |
26-09-2019 | 344 | ||
| 51. | Nangal Wildlife Sanctuary |
26-09-2019 | 116 | ||
| 46 | Rajasthan (2) |
52. | Keoladeo Ghana National Park |
1-10-1981 | 2873 |
| 53. | Sambhar Lake | 23-03- 1990 | 24000 | ||
| 48 | Tamil Nadu (18) |
54. | Point Calimere Wildlife and Bird Sanctuary |
19-08-2002 | 38500 |
| 55. | Koonthankulam Bird Sanctuary |
08-11-2021 | 72 | ||
| 56. | Chitrangudi Bird Sanctuary |
08-11-2021 | 260 | ||
| 57. | Karikili Bird Sanctuary | 08-04-2022 | 58 | ||
| 58. | Pichavaram Mangrove | 08/04/2022 | 1479 | ||
| 59. | Pallikaranai Marsh Reserve Forest |
08-04- 2022 | 1248 | ||
| 60. | Gulf of Mannar Marine | 08-04-2022 | 52672 | ||
Biosphere Reserve |
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| 61. | Vembannur Wetland Complex |
08-04-2022 | 20 | ||
|---|---|---|---|---|---|
| 62. | Vellode Bird Sanctuary | 08-04-2022 | 77 | ||
| 63. | Udhayamarthandapuram Bird Sanctuary |
08-04- 2022 | 44 | ||
| 64. | Vedanthangal Bird Sanctuary |
08-04-2022 | 40 | ||
| 65. | Suchindram Theroor Wetland Complex |
08-04- 2022 | 94 | ||
| 66. | Vaduvur Bird Sanctuary | 08-04-2022 | 113 | ||
| 67. | Kanjirankulam Bird Sanctuary |
08-04-2022 | 97 | ||
| 68. | Karaivetti Bird Sanctuary | 24-05-2023 | 453.72 | ||
| 69. | Longwood Shola Reserve Forest |
24-05-2023 | 116.007 | ||
| 70. | Nanjarayan Bird Sanctuary |
16-01-2024 | 125.865 | ||
| 71. | Kazhuveli Bird Sanctuary |
16-01-2024 | 5151.6 | ||
| 62 | Tripura (1) | 72. | Rudrasagar Lake | 08-11- 2005 | 240 |
| 63 | Uttar | 73. | Upper Ganga River | 08-11- 2005 | 26590 |
| Pradesh (10) | 74. | Nawabganj Bird Sanctuary |
19-09-2019 | 225 | |
| 75. | Parvati Arga Bird Sanctuary |
02-12-2019 | 722 | ||
| 76. | Saman Bird Sanctuary | 02-12 2019 | 526 | ||
| 77. | Samaspur Bird Sanctuary |
03-10-2019 | 799 | ||
| 78. | Sandi Bird Sanctuary | 26-09-2019 | 309 | ||
| 79. | Sarsai NawarJheel | 19-09- 2019 | 161 | ||
| 80. | Sur Sarovar | 21-08-2020 | 431 | ||
| 81. | Haiderpur Wetland | 13-04-2021 | 6908 | ||
| 82. | Bakhira Wildlife Sanctuary |
29-06-2021 | 2894 | ||
| 73 | Uttarakhand (1) |
83. | Asan Conservation Reserve |
21-07-2020 | 444 |
| 74 | WestBengal | 84. | East Calcutta Wetlands | 19-08 2002 | 12500 |
| (2) | 85. | Sunderbans Wetland | 30-01- 2019 | 423000 | |
| 23 | States & UTs | 85 R | amsar Sites | 13,58,068. 335 |
The Registrar General of this Court is directed to send the complete list to all the High Courts, including the 5 High Courts which are mentioned above, and the High Courts are requested to treat the affidavit as a Suo Moto Public Interest Litigation where an Amicus be appointed, if necessary, to assist the Court and ensure that the RAMSAR Sites within their jurisdiction are properly maintained. We say this only as a continuation of our order dated 03.04.2017.”
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Arun Kumar Tyagi, JM
Dr. Afroz Ahmad, EM
February 05th , 2026 Original Application No.131/2024/EZ JG.
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2 issues framed by the court
Whether the Present Application requires further adjudication given that the Patna High Court is already seized of the matter.
How to proceed regarding the Kabartal Wetland preservation following the Supreme Court directions and High Court cognizance.
Colour shows how this judgement treated each authority
Anand Arya vs. Union of IndiaApplied¶18
Writ Petition(s)(Civil) No(s). 304/2018, Anand Arya vs. Union of India
Anand Arya vs. Union of IndiaApplied¶23
Writ Petition (C) No. 230 of 2001 (order dated 03.04.2017)
1 provisions across 1 enactments
Subhas Datta
State of Bihar
Others
Arun Kumar Tyagi
Afroz Ahmad
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
