Futala Lake, Nagpur does not qualify as a "wetland" : its man-made.
Supreme Court Upholds High Court Verdict: Futala Lake Not a "Wetland," Ensures Ecological Protection Supreme Court affirms that Futala Lake, a man-made waterbody, does not qualify as a "wetland" under 2017 Rules, emphasizes public trust doctrine for ecological balance.
In a landmark decision, the Supreme Court of India has upheld the Bombay High Court's ruling that Nagpur's Futala Lake does not fall under the statutory definition of a "wetland" as per the Wetlands (Conservation & Management) Rules, 2017. The judgment was delivered by a bench comprising Chief Justice B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria, affirming the lake's status as a man-made waterbody constructed for irrigation and drinking water purposes, thus excluding it from the statutory definition of a "wetland."
The appellant, Swacch Association, Nagpur, had challenged the High Court's decision, asserting that Futala Lake should be protected as a "wetland" due to its environmental significance. The association raised concerns about ongoing constructions and recreational activities around the lake, which they argued were detrimental to its ecological value. They sought the removal of structures like the Musical Fountain and Viewer's Gallery, claiming these were illegal and violated the public trust doctrine.
The Supreme Court, while agreeing with the High Court's interpretation, emphasized the doctrine of public trust, recognizing the responsibility of both governmental authorities and citizens to maintain ecological balance. The court highlighted that while Futala Lake is not a "wetland" under the 2017 Rules, the spirit of the rules should be applied to ensure the lake's protection, aligning with the precautionary principle and sustainable development goals.
The court noted that various permissions and No Objection Certificates for developments around Futala Lake were obtained legally, and the constructions were not proven to have adverse ecological impacts. The bench also recognized the efforts for compensatory afforestation and enhancements to the lake’s water quality through recreational activities, reinforcing the balance between public use and environmental conservation.
The judgment reiterated the importance of the public trust doctrine, extending its applicability to man-made waterbodies that contribute to ecological balance and environmental protection. The court underscored the right to a healthy environment under Article 21 of the Constitution, ensuring that the public good aligns with sustainable development principles.
In conclusion, the Supreme Court dismissed the appeal, affirming the High Court's directions to protect Futala Lake's ecological integrity while allowing for its recreational use, thereby striking a balance between development and environmental sustainability.
Bottom Line:
Futala Lake, Nagpur does not qualify as a "wetland" under Rule 2(1)(g) of the Wetlands (Conservation & Management) Rules, 2017 due to its man-made nature and its original purpose for irrigation and drinking water.
Statutory provision(s): Environment Protection Act, 1986, Wetlands (Conservation & Management) Rules, 2017, Constitution of India Articles 21, 48-A, 51-A(g)
Swacch Association, Nagpur v. State of Maharashtra, (SC) : Law Finder Doc Id # 2790253
