- (1.) We have heard Mr. Sidhartha Mitra, learned Senior Counsel on behalf of the petitioners, Mr.Kishore Dutta, Learned Advocate General on behalf of the State, Mr.Mr.Abhratosh Majumder, Learned Additional Advocate General on behalf of HIDCO and Mr. Tapas Bhanja, learned counsel representing the Additional Solicitor General on behalf of the respondent Nos.1 and 2. Learned counsel representing the Additional Solicitor General submits that the respondent Nos.1 and 2 may be granted further time to file their counter affidavits. The respondent Nos.1 and 2 in the writ petition are Union of India and Central Wetlands Regulatory Authority respectively.
(2.) The learned counsel for the petitioner points out that the sites in relation to which this writ petition has been necessitated, fundamentally are Ramsar Convention sites on wetlands and parts of international heritage and therefore, points out the orders of the Hon'ble Supreme Court dated 3rd April, 2017 and 16th August, 2017 passed in W.P.(Civil) No.230 of 2001 which obliges High Courts to deal with such matters even by initiating the same as public interest litigation. This writ petition was filed on 7th September, 2017. It is brought to our notice today that on 26th September, 2017, i.e. after institution of the writ petition, the Wetlands (Conservation and Management) Rules, 2017 have been issued in supersession of the earlier rules; such supersession operating to the extent not excluded. Those rules (hereinafter referred to as "the said 2017 Rules") provide for duties and responsibilities of the State Wetland Authority in each state and the Central Government is to constitute those State Wetland authorities. As per Rule-5 of 2017 Rules, the State Wetland Authorities have been constituted and therefore, eo instante, the publication of the 2017 Rules, the State Wetlands Authority in each state has come into operation. Obviously, therefore, the State Wetland authority for the State of West Bengal is a necessary party to this writ petition. The State Wetlands Authority for the State of West Bengal is, therefore, impleaded as additional respondent. Learned Advocate General takes notice for the State Wetlands Authority for the State of West Bengal.
(3.) The National Wetlands Committee is constituted as per Rule-6 of 2017 Rules. That Committee is also, therefore, eo instante, came into being on the publication of the 2017 Rules. Therefore, notwithstanding, the availability of second respondent in the array of the parties, the National Wetlands Committee as per Rule-6 of 2017 Rules is hereby impleaded as additional respondent. The learned Additional Solicitor General takes notice for the said National Wetlands Committee. Rule-7 of 2017 Rules provides for delegation of powers and functions to the State Governments and the requirement to carry out the drill and to make available materials and data as required by that Rule within a period of one year from the date of publication of 2017 Rules. Those Rules were published as per notification dated 26th September, 2017. Obviously, therefore, the period of one year fixed for performing the duties and responsibilities, in terms of Rule-7, has worked itself out. This means that, the data and further requirements in terms of that rule ought to be with the State Government concerned or the State Wetlands Authority concerned or the National Wetlands Committee, by now. ;