Nagpur: In a significant development, the High Court delivered a verdict on Thursday, putting an end to uncertainties surrounding the Futala Lake Fountain project. The court dismissed a legal challenge brought by environmental activists against the ambitious endeavor. Justices AS Chandurkar and Vrushali Joshi, forming the division bench, directed the Maharashtra Metro Rail Corporation Limited (MMRCL) to ensure that no permanent construction takes place in the lake.
The High Court clarified that Futala Lake does not fall under the definition of a ‘wetland,’ supporting the official stance that it is a man-made water body. Despite this, the court instructed various entities, including MMRCL, Nagpur Improvement Trust, Nagpur Metropolitan Development Authority (NMRDA), Nagpur Municipal Corporation (NMC), and Dr. Panjabrao Deshmukh Krushi Vidyapeeth, to maintain the lake’s cleanliness and safeguard aquatic life from potential harm.
While rejecting the petitioner, Swaccha Association’s plea for an interim stay on the fountain installation and viewers’ gallery demolition, the High Court continued hearings to determine the lake’s status. Advocate SARajeshirke argued that, despite not being officially declared a ‘wetland’ under Rule 2(1)(g) of the 2017 Regulations, Futala Lake was identified as such in the National Wetland Inventory and Assessment (NWIA) of 2006-07. The petitioner contended that stringent rules should apply to prevent construction in recognized wetlands.
Referring to Rule 4(2) of the 2017 Regulations, it was asserted that the activities undertaken by the respondents amounted to encroachment on a water body. Environmental concerns were raised, citing a report from the National Environmental Engineering Research Institute (NEERI), predicting a deterioration in lake water quality due to proposed activities.
However, senior counsels for the respondents presented evidence that Futala Lake was not officially identified as a wetland. The High Court considered the affidavit of MMRCL, confirming no plans for permanent construction at the lake. In addition, the court directed respondents to maintain the proposed locations for the floating banquet hall, floating restaurant, and Artificial Banyan Tree in a clean and well-maintained condition.
In concluding remarks, the High Court emphasized that even though Futala Lake is not declared a wetland, responsibilities outlined in relevant provisions must be upheld in both letter and spirit. Representing various respondents, including the State Government, senior advocates SK Mishra, A S Fulzele, J B Kasat, Anand Parchure, S M Puranik, and A R Patil, along with Deputy Solicitor General of India N S Deshpande representing the Centre, played key roles in the legal proceedings.
