Supreme Court Affirms Futala Lake's Status: Not a Wetland
The Supreme Court upheld the Bombay High Court's decision that Nagpur's Futala Lake is not a 'wetland' under the Wetlands (Conservation and Management) Rules, 2017. The bench cited historical evidence and statutory definitions, allowing temporary constructions around the lake while emphasizing sustainable development and the public trust doctrine.
- Country:
- India
The Supreme Court on Tuesday confirmed the Bombay High Court's ruling, deciding that Nagpur's Futala Lake does not qualify as a 'wetland' under the Wetlands (Conservation and Management) Rules, 2017. This decision followed a petition by the local NGO, Swachh Association, challenging the high court's order.
The bench, led by Chief Justice BR Gavai, clarified that Futala Lake is a man-made waterbody, originally constructed for drinking water and irrigation, which excludes it from the statutory wetland definition. Consequently, the authorities have been permitted to carry out temporary constructions around the lake, including a floating restaurant and musical fountain.
The court stressed the need for responsible human activities in harmony with nature, advocating for legal measures to support a healthy environment. The public trust doctrine extends to both natural and man-made waterbodies, ensuring citizens' rights to a balanced environment as recognized in Article 21 of the Constitution, while also promoting sustainable development for public benefit.
(With inputs from agencies.)
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