Case Note & Summary
The present proceedings were filed as a Public Interest Litigation by Swacch Association, a society registered under the Societies Registration Act, 1860 and the Maharashtra Public Trusts Act, 1950, challenging the installation of a musical fountain and associated machinery inside Futala Tank and the construction of a viewer's gallery on its bank. The petitioner sought restoration of the tank to its original state by demolishing the viewer's gallery. The court had earlier passed an interim order on 5-7-2023 refusing interim relief but directing the respondents to ensure strict observance of the spirit behind Rule 4 of the Wetlands (Conservation and Management) Rules, 2017, which prohibits permanent construction in wetlands. The respondents contended that Futala Lake is not a 'wetland' as defined under Rule 2(1)(g) of the Rules of 2017, and therefore the interim order should be made absolute. The petitioner argued that although not declared as a wetland, Futala Lake is an identified wetland in the National Wetland Inventory and Assessment (NWIA) of 2006-07, and thus the Rules of 2017 should apply with full rigor. The court, after hearing arguments, considered the definition of 'wetland' under Rule 2(1)(g) and noted that mere identification in NWIA does not automatically bring the lake under the Rules; a formal declaration is required. The court did not grant the final relief of demolition but directed that the spirit of Rule 4 be observed and no permanent construction within the lake be undertaken. The judgment was pronounced on 30th November 2023 by a Division Bench of the Bombay High Court at Nagpur.
Headnote
A) Environmental Law - Wetland Definition - Rule 2(1)(g) Wetlands (Conservation and Management) Rules, 2017 - The court considered whether Futala Lake qualifies as a 'wetland' under the Rules, noting it is not declared as such but is identified in the National Wetland Inventory and Assessment (NWIA). Held that mere identification in NWIA does not automatically bring it under the Rules; declaration under Rule 2(1)(g) is required (Paras 1-3). B) Environmental Law - Prohibition of Permanent Construction - Rule 4 Wetlands (Conservation and Management) Rules, 2017 - The petitioner argued that Rule 4 prohibits any permanent construction in wetlands. The court, while not granting interim relief, directed that the spirit of Rule 4 be observed and no permanent construction within Futala Lake be undertaken (Paras 1-2). C) Public Interest Litigation - Maintainability - The court entertained the PIL filed by Swacch Association, a registered society, raising concerns about environmental degradation of Futala Tank. Held that the petition is maintainable as it raises a genuine public interest issue (Para 1).
Issue of Consideration
Whether Futala Tank is a 'wetland' under the Wetlands (Conservation and Management) Rules, 2017, and whether the installation of a musical fountain and viewer's gallery violates Rule 4 prohibiting permanent construction in wetlands.
Final Decision
The court did not grant the final relief of demolition but directed that the spirit of Rule 4 of the Wetlands (Conservation and Management) Rules, 2017 be strictly observed and no construction of a permanent nature within Futala Lake be undertaken. The interim order dated 5-7-2023 was made absolute.
Law Points
- Wetland definition under Rule 2(1)(g) of Wetlands (Conservation and Management) Rules
- 2017
- Prohibition of permanent construction under Rule 4
- Public Interest Litigation
- Environmental protection
