The Supreme Court today upheld the Bombay High Court’s decision refusing to classify Nagpur’s Futala lake as a ‘wetland’ under the Wetlands (Conservation and Management) Rules, 2017.
The ruling allows the Maharashtra government to proceed with its sanctioned temporary development projects, including a floating restaurant, banquet hall, musical fountain, and a viewing gallery around the historic lake.
A Bench comprising Chief Justice BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria dismissed a petition filed by Swachh Association, a Nagpur-based NGO, which had earlier moved the Nagpur bench of the Bombay High Court through a Public Interest Litigation (PIL) alleging destruction of the lake’s ecological balance.
The petitioner contended that the state’s project works were in violation of the Wetlands (Conservation and Management) Rules, 2017 and that such constructions would harm the lake’s natural ecosystem.
It invoked the Public Trust Doctrine and Precautionary Principle, seeking restoration of the lake to its original, undisturbed state.
The state government and project authorities, however, argued that Futala lake is a man-made water body, not a naturally formed wetland as defined under Rule 2(1)(g) of the 2017 Rules.
They maintained that all necessary clearances and sanctions including those from the Urban Development Department (2019 and 2022 approvals) and the Heritage Committee had been duly obtained before commencing the project.
The respondents also raised the plea of delay and laches, asserting that the petition had been filed after the completion of key project stages.
The Bombay High Court, while noting that Futala lake does not qualify as a statutory wetland, had permitted the state to proceed with temporary and approved constructions but directed that no permanent structures be raised and that environmental safeguards must be strictly followed to prevent ecological degradation.
Challenging that order, Swachh Association approached the Supreme Court, which had in January 2024 ordered a status quo on ongoing works and sought the state’s response on the “temporary nature” of the structures in question.
On Tuesday, the Supreme Court dismissed the NGO’s appeal, endorsing the Bombay High Court’s reasoning and clarifying that Futala lake’s classification as a man-made water body excludes it from the ambit of statutory wetlands under the 2017 Rules.
The bench noted that since the project had undergone multiple levels of scrutiny and approval, and no violation of statutory norms was established, there was no ground for judicial interference.
The Court, however, reiterated the need for adherence to environmental safeguards, emphasising that the temporary installations must remain within the scope of approved plans and should not lead to irreversible ecological harm.
With this, the Supreme Court’s ruling effectively clears the way for the Maharashtra government to continue its Futala Lake Redevelopment Project, aimed at boosting tourism while maintaining environmental compliance.
