Supreme Court on Mining Near Asan Wetland

Why in News?

The Supreme Court recently orally clarified that its earlier directions restricting mining around the Asan Wetland Conservation Reserve could, for the sake of parity, potentially apply to other wetlands and community conservation reserves across India.

SC’s 10-km Mining Restriction

In its February 2024 interim order, the Supreme Court directed that mining within a 10-km radius of the Asan reserve should not take place without prior permission from the Standing Committee of the National Board for Wildlife (NBWL) and/or the Ministry of Environment, Forest and Climate Change (MoEFCC).

Himachal Pradesh’s Plea

Himachal Pradesh argued that the restriction should not automatically apply because the Asan Wetland lies in Uttarakhand and wetland conservation reserves do not necessarily require an external buffer zone.

The State also raised questions regarding the geographical extent of the wetland and the applicability of the Supreme Court's earlier directions beyond the reserve's actual boundaries.

Supreme Court’s Direction

The Court directed the Standing Committee of the NBWL or the Environment Ministry to determine whether the Asan wetland extends into Himachal Pradesh.

If the wetland is found to extend into Himachal Pradesh, the 2024 mining restrictions would apply to the relevant area. If it does not, mining proposals would be examined under the applicable legal and environmental framework.

About Asan Wetland

The Asan Wetland Conservation Reserve is located at the confluence of the Asan and Yamuna rivers in Uttarakhand. It is an important habitat for migratory waterbirds and aquatic biodiversity.

The wetland was designated as a Ramsar Site in 2020, recognising its importance as a wetland of international significance.

Is There a Statutory 10-km Ramsar Buffer?

There is no fixed statutory 10-km buffer zone around Ramsar Sites under either the Ramsar Convention or the Wetlands (Conservation and Management) Rules, 2017.

Therefore, the 10-km restriction around Asan Wetland arises from the Supreme Court’s specific directions, rather than from a general Ramsar Convention requirement.

Wetlands Rules, 2017

The Wetlands (Conservation and Management) Rules, 2017 introduced a more decentralised framework in which State Wetland Authorities play a central role in wetland conservation and management.

Unlike the 2010 Rules, the 2017 framework removed the earlier detailed list of prohibited activities and gave greater responsibility to States for regulating wetlands.

The constitutional validity of the 2017 Rules is currently under challenge before the Supreme Court, according to the provided material.

Comparison with Other Protected Areas

The legal position regarding mining around wetlands differs from that applicable to National Parks and Wildlife Sanctuaries.

Mining is prohibited within National Parks and Wildlife Sanctuaries and, pursuant to Supreme Court directions, within 1 km of their boundaries, unless a larger Eco-Sensitive Zone (ESZ) has been notified.

Mining on forest land additionally requires prior Central approval under the Forest (Conservation) Act, 1980, while projects involving mining may also require Environmental Clearance under the EIA Notification, 2006.