The Supreme Court dismissed a challenge to the Futala Lake beautification project in Nagpur, upholding the Bombay High Court’s decision that the lake does not fall within the statutory definition of a “wetland” under the Wetlands (Conservation and Management) Rules, 2017.
A Bench comprising Chief Justice B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria held that the Futala Lake also known as Telangkhedi Tank is a man-made waterbody constructed in 1799 for irrigation and drinking water purposes, and thus excluded from the definition of “wetland.”
The Court noted that all necessary permissions and no-objection certificates were duly obtained from competent authorities, including the Nagpur Municipal Corporation, Heritage Committee, and Public Works Department, for the recreational and beautification works such as the viewer’s gallery, musical fountain, and parking plaza. It found no evidence that the structures caused ecological harm or violated environmental norms.
Reiterating the principles of sustainable development and the doctrine of public trust, the Court observed that man-made waterbodies contributing to ecological balance must also be protected, but such protection should not preclude lawful development serving public good. The Bench emphasised that activities near Futala Lake must remain consistent with environmental safeguards and that no permanent structures should be raised within the lake area.
Concluding that the High Court’s directions struck an appropriate balance between environmental preservation and urban development, the Supreme Court upheld the Bombay High Court’s order and affirmed that no permanent constructions shall be undertaken within Futala Lake, while ensuring the area remains protected in the spirit of ecological conservation.
