SUMMERY OF THE FACTS-

Cashmeer is a valley surrounded by lofty mountains and gushy water. The valley is
bestowed with a distinct and unique culture which includes items of importance
such as Pheran, Khraav, Batteh etc.
Structurally, Cashmeer is part of the republic of Bindiya. Due to the ecological
setup of Cashmeer, the valley is prone to flash floods. A recent example being the
flood of 2014 which left the city of Shahar (the biggest city of Cashmeer)
inundated for almost four weeks and caused damaged worth thousands of crores.
Shahar, until a few decades ago was a perfect example of nature’s bosom but un-
planned urbanization, encroachment and administrative difference has affected
the eco-system severely with 22 wetlands lost due to urbanization only since
1970. Due to encroachment and official apathy, Vehlum (which is the largest
flowing river through the city) has suffered a lot and seems to be gasping for
breath.
Lokarsar which is also known as the ‘Queen of wetlands” is situated on the
outskirts of Shahar at an altitude of 1584m. It serves as an important refuge for
migratory shorebird and trans-Himalayan species, also acts as a major flood
absorption basin. It has been declared a “Conservation reserve” under wildlife
protection act of Bindiya and a “Ramsar site” in 2005.
Due to lack of conservation measure, Lokarsar is on the verge of extinction.
According of the Department of earth science (U.C), the wetland area has shrunk
from 18.75 Sq. Km (1969) to 12.8 Sq. Km (2019). According the news reports, the
wetland has reduced from 13.5 Sq. Km to 5 Sq. Km. Even though hefty sums have
been allotted by the Ministry of Environment and Forests for the conservation of
the wetland but little work is actually done.
The government contends that the 40% of the wetland has shrunk due to the
natural process of siltation from Doodhwanga which is a tributary of Vehlum. Due
to the clumsy efforts of the authorities, 10 hectares of the area surrounding the
wetland is taken up by public encroachment and is converted into paddy fields
(Study by NGO). A residential colony is also being established on the wetland by
the authorities without any environmental impact assessment.
In a recent report titled “Comparative Studies on Ecology of Lokarsar wetland
Cashmeer- Past and present” published by the Centre of research U.C states that
due the stilt deposition of Lokarsar, there has been disappearance of viable
species like Euryale Ferox etc. and there has been increase in both max. and min.
temperature rising from 19.8 Degree Celsius to 20.32 Degree Celsius (1980-2018)
Koor, who is a law student and resident of Cashmeer is disturbed by the
ecological imbalance of her homeland. She hails from Mudgam which is very
beautiful and used to receive most of its fresh water from Doodhwanga. Koor is
very concerned as she witnesses the loss of important environmental assets.
She is quite perturbed after reading the news that the government has decided
to demarcate the boundaries of the Lokarar wetland. The official Commuique
states that the administration has expressed concern over the annihilation caused
to Lokarsar wetland due to the vagaries of the weather and human intervention.
Koor along with SHEEN (Sagacious Hands For Environmentally Enfeebled Noobs)
has filed a P.I. L against the Union of India, residents of Basera ( a purported
colony being developed by the govt. thought land filling) and territory of
Cashmeer.
The Respondents have replied in the PIL by stating that Government has made
efforts to protest the site even though the subject ‘environmental protection’
comes under part 4 of the constitution which is not enforceable.
The Basera residents have claimed their fundamental right under art. 14, 19 and
21 to justifies their activities and
The territory govt. states that since ‘forest and protection of wildlife’ falls in the
concurrent list, both the govt. must share the burden while Union of Bindiya has
contended that before the 46th amendment act (1976), the entry was in the state
list so it is primarily the duty of the state govt.