The Nagpur High Court has rejected the plea for interim relief by the petitioner, Swachh Association, in a public interest litigation (PIL) concerning the installation of a musical fountain and other activities in Futala Lake. The division bench of Justices A S Chandurkar and Vrushali Joshi ruled that the activities undertaken by the Maharashtra Metro Rail Corporation Limited (MMRCL) did not violate the Wetlands (Conservation and Management) Rules of 2017. Swachh Association, a registered society under the Societies Registration Act and the Maharashtra Public Trusts Act, had raised concerns over the construction of a parking plaza, floating banquet, floating restaurant, and the erection of an artificial banyan tree in Futala Lake.

 

The petitioner argued that the lake, also known as Telangkhedi Lake, was a wetland and a Grade-I heritage property, making the activities illegal and in violation of statutory provisions. The petitioner’s counsel referred to the National Wetland Inventory and Assessment (NWIA) report of 2006-07, which identified Futala Lake as a wetland area of 55 hectares and 98 acres. They also cited previous court orders that emphasised the need to preserve wetlands and the regulations for the conservation of heritage buildings and natural features. However, the court, after examining the permissions granted and the documents provided by the MMRCL, ruled that the activities being carried out did not amount to a permanent construction within the wetland.

 

The court noted that the construction of the parking plaza and viewers’ gallery had received necessary permissions, and there was no evidence to suggest a violation of Rule 4(2)(vi) of the Rules of 2017. While denying the interim relief sought by Swachh Association, the court emphasised that the MMRCL and the Nagpur Municipal Corporation (NMC) should ensure compliance with the regulations and restrictions imposed by the Rules of 2017. They were directed to prevent any permanent construction within Futala Lake and to maintain the cleanliness and integrity of the water body where the proposed activities were taking place. The court set the next hearing for July 19, 2023, for further consideration of the matter. Until then, the MMRCL and NMC are responsible for ensuring the protection of Futala Lake and adhering to the rules governing its conservation.