Nagpur: In a landmark judgment, The Nagpur Bench of Bombay High Court on Thursday cleared the cloud of doubts over the Futala Lake Fountain Project as it dismissed a challenge brought by environmental activists.
While disposing off the petition, the division bench of Justice A S Chandurkar and Justice Vrushali Joshi directed Maharashtra Metro Rail Corporation Limited (MMRCL) to ensure that there is no construction of permanent nature in the lake. HC observed that Futala Lake per se is not covered by the definition of term ‘wetland’ and upheld official contention that it is a man-made water body.
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At the same time however, the learned Judges directed the respondent, MMRCL, Nagpur Improvement Trust, Nagpur Metropolitan Development Authority (NMRDA), Nagpur Municipal Corporation (NMC), and Dr Panjabrao Deshmukh Krushi Vidyapeeth to ensure that lake should be kept clean and ensure that no harm comes to aqua life by any of the activities.
In the order, the HC further mentioned that the agencies tasked with erection of fountain and construction of viewers’ gallery, should not violate the Rules of 2017 and refrain for construction of permanent nature within Futala Lake. The interim direction in this regard would continue so as to protect and preserve Futala Lake in its pristine form.
The contention of petitioner, Swachh Association, was that Futala Lake was wetland and hence any construction herein is bound to violate the rules. They prayed for an interim stay to stop installation of fountain in the lake and demolition of viewers’ gallery. That prayer however was not granted by the HC, it continued with hearing the case so as to decide the status and whether it is a wetland or otherwise.
Adv S A Rajeshirke arguing for the petitioner, said though Futala Lake was not declared as a ‘wetland’ in terms of Rule 2(1)(g) of the Rules of 2017, still it was an identified wetland and referred to National Wetland Inventory and Assessment (NWIA). The said inventory was taken in the year 2006-07 and Futala Lake having been identified as a wetland, the provisions of the Rules of 2017 ought to be applied with full rigor. Therefore in such a water body no permission can be granted for any type of construction and referred to Rule 4(2) of the Rules of 2017, it was urged that the activities undertaken by the respondents were prohibited for being so undertaken at a wetland.
Such activities amounted to committing an encroachment on a water body. He also referred to an environmental status report of NEERI that contended that the quality of lake water would deteriorate with use of the lake for such activities. However the senior counsels for respondents stated on record that Futala Lake is not identified as wetland and submitted relevant documents.
The HC also took on record the affidavit of MMRCL that they are not going for permanent construction of any nature at the lake. HC also directed respondents to ensure that the water body where the floating banquet hall, floating restaurant as well as Artificial Banyan Tree are proposed is kept clean and is properly maintained by taking all necessary precautions.
Further, HC observed that though Futala Lake is not declared wetland, the duties and responsibilities imposed by the aforesaid provisions would have to be adhered to in true letter and spirit.
S K Mishra, Senior Advocate, assisted by A S Fulzele, Additional Government Pleader, J B Kasat, Adv Anand Parchure, Adv S M Puranik, A R Patil, represented various respondents, including State Government. Deputy Solicitor General of India N S Deshpande represented the Centre.
Swacch Association claims ‘victory’ for them:
Meanwhile, Swacch Association has claimed that the High Court has passed a landmark judgment in their favour as Justice A.S. Chandurkar and Justice Vrushali Joshi have come down heavily on the authorities regarding protection of Futala Lake.
In a tweet, the organisations said that the High Court though has held that the Futala Lake is not declared as a wetland by the State Wetland Authority however the rigour of the Office Memorandum dated 4.3.2022 ought to apply to the said lake as such the authorities are bound to ensure that none of the Rules of 2017 are not violated and they are thus refrained from making any permanent construction within Futala Lake.
The High court has further declared that the Lake is of great importance to the people and as such the authorities are unjustified to make them a subject of private ownership or commercial use and they should be freely made available to everyone irrespective of one’s status in life. Thus, the court has implied that Futala Lake has to be kept free to the public as such NMC or any authority is restricted to use it for commercial purposes.
In this background the High Court has also directed the authorities to anticipate the environment harm and take measures to avoid it or to choose the least environmentally harmful activity. The Court has thus directed that no permanent construction would be undertaken at the man made water body Futala Lake.
The Lake is to be kept alive to preserve the man made water body Futala Lake to enable the future generations also to be able to witness the lake in its present form.
In view of the aforesaid the has left to the authorities to comply with the provisions of law and thus bringing the future permanent constructions at the site to a standstill. This will definitely help preserve the Lake.
Serious concerns are raised regarding the state of affairs and an appeal to the public spirited persons and media to keep a constant watch. The Court has also said that the efforts taken by the petitioner (Swachh Association) in highlighting the present issue deserve to be recognised and preservation of Futala Lake is of paramount importance.
