New Delhi, Oct 7 (PTI) The Supreme Court on Tuesday upheld the Bombay High Court’s decision which refused to classify Nagpur’s Futala Lake as a ‘wetland’ under the Wetlands (Conservation and Management) Rules, 2017.
A bench of Chief Justice BR Gavai and Justices K Vinod Chandran and NV Anjaria dismissed the petition filed by Nagpur-based NGO Swachh Association challenging the high court order.
“The historical facts given out in the reply of respondent No. 4 filed in the present proceedings, goes to show clearly that the lake is a man-made waterbody constructed for drinking water and for irrigation purpose…
“In view of this court, the Futala Lake is a man-made waterbody and it does not fall within the meaning of the statutory definition and is not a ‘wetland’ as defined in Rule 2(1)(g) of the 2017 Rules. The definition excludes humanmade waterbodies and those constructed inter alia for irrigation purposes,” the bench said while permitting the authorities to proceed with temporary constructions such as a floating restaurant, banquet hall, musical fountain, and viewing gallery around the lake.
The top court said human activities which are in tune with the nature and ecology or which are designed for creating a healthy environment have to be guided and protected by legal measures.
“It calls for the responsibility not only on the part of the citizens, but the authorities also are equally enjoined to ensure that the doctrine of public trust in this sphere is applied and furthered.
“The public trust doctrine would thus extend in respect of even man-made or artificially created natural objects, waterbodies, lakes, wetlands, etc. which are drawn and created from the nature or natural resources. It would in ultimate analysis pave way to extend to ensure the availment of right of healthy environment and ecological balance recognized for the citizens under Article 21 of the Constitution. At the same time promoting sustainable development for public good is not alien to it,” the bench said.
The plea said Futala Lake is a wetland and large-scale construction there may destroy the ecosystem and aquatic life there. PTI PKS PKS MNK MNK
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