SC: 10 km mining ban around Asan wetlands extends to all wetland reserves

The Supreme Court on Tuesday orally clarified that its direction banning mining activities within a 10 km radius of the Asan wetland conservation reserve in Uttarakhand will apply to all wetland conservation reserves across the country. The observation was made by a Bench led by Chief Justice of India Surya Kant while hearing an application filed by the State of Himachal Pradesh.

Justice Joymalya Bagchi, part of the Bench, said: “Wherever it is a community or a wetland conservation reserve, Asan directions will be applied. Wetlands are in a different category… We are conscious of the extent to which we are laying down parity. It is not that it would apply to Madhya Pradesh or would apply to West Bengal only.” This indicates that the restriction is not limited to any particular state or region.

Himachal Pradesh had approached the Supreme Court seeking to exempt itself from the 10 km buffer rule, arguing that the Asan reserve lies entirely within Uttarakhand and not in its territory. The state’s counsel contended that a buffer zone outside the reserve area is unnecessary, unlike in the case of national parks and sanctuaries.

The plea was triggered by a pending petition in the Himachal Pradesh High Court which argued that since Uttarakhand and Himachal Pradesh are adjoining states, the Supreme Court’s February 14, 2024 interim order restricting mining near Asan would extend to Himachal Pradesh as well. The High Court matter is still pending.

Chief Justice Kant noted that there was no argument on the fact that the Himalayan terrain runs through both adjoining states. However, the apex court said whether the Asan reserve is actually located in Himachal Pradesh or not is a question of fact. The Bench directed the Standing Committee of the National Board of Wildlife or the Ministry of Environment, Forests and Climate Change to determine this factual question.

The court underscored that if the wetland conservation reserve is found to be in Himachal Pradesh, the February 14, 2024 ban on mining in Uttarakhand would extend to Himachal Pradesh too. If the reserve is not found within its territory, the decision on whether or not to allow mining would be taken by the competent authority in accordance with the law.

“The entire Himalayan terrain has to be governed by the same set of directions. The only exception can be if an expert committee says the wetland reserve is not in your State,” the Chief Justice addressed Himachal Pradesh.

The background to this matter is the Supreme Court’s interim order passed on February 14, 2024, which stated: “No mining activities would be carried out within 10 km radius of the Asan wetland conservation reserve without the project proponent obtaining permission from the Standing Committee of the National Board of Wildlife and/or MoEF&CC. The additional reason that weighs with us in issuing this direction is due to the importance given to the wetland, which was declared to be Ramsar site under the Ramsar Convention.”

The Asan Conservation Reserve is a wetland of international importance, recognized under the Ramsar Convention. The oral clarification from the Supreme Court is significant because it ensures uniformity in environmental protection across all wetland reserves in the country. However, since the observation is oral, a formal written order is awaited to provide legal clarity. The court’s direction to an expert body to verify the exact location of the Asan reserve will determine the specific applicability of the ban in Himachal Pradesh.