Supreme Court Rules: Man-Made Waterbodies Don’t Qualify as Wetlands but Must Be Protected

 In a significant ruling, the Supreme Court of India has held that artificial lakes or man-made waterbodies do not enjoy statutory protection under the Wetlands (Conservation and Management) Rules, 2017, but emphasized that governments must safeguard them under the Doctrine of Public Trust to promote ecological balance and sustainable development.

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The Futala Lake Case: Background

The verdict came in connection with Futala Lake (Telangkhedi Tank) in Nagpur, a historical waterbody built in 1799 by the ruler of Nagpur to serve irrigation needs. The lake spans a catchment area of approximately 200 hectares and has long been a prominent urban landmark.

A non-profit organization, Swacch Association Nagpur, had approached the Supreme Court challenging construction activities around the lake—such as the creation of a plaza, floating restaurant, musical fountain, and viewers’ gallery—arguing that these developments violated the Wetlands Rules, 2017.

The Bombay High Court’s Nagpur Bench, on July 5, 2023, dismissed the association’s plea, concluding that Futala Lake is man-made and thus excluded from the definition of “wetlands” under the 2017 Rules. The association then filed an appeal before the Supreme Court.

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Supreme Court’s Findings

A bench of Justices K. Vinod Chandran and N.V. Anjaria upheld the High Court’s ruling, confirming that Futala Lake is a man-made waterbody and therefore not entitled to statutory wetland protection.

The Court observed:

“Undoubtedly, the lake is a man-made lake for the city of Nagpur.”

However, the bench underscored the responsibility of the State to protect such artificial waterbodies under the Doctrine of Public Trust, which requires governments to preserve natural and ecological assets for public benefit.

Justice N.V. Anjaria, writing for the bench, stated:

“The public trust doctrine need not be limited to natural bodies such as wetlands, rivers, or lakes that are nature’s gifts. It equally extends to man-made or artificially created waterbodies that contribute to the environment and promote ecology.”

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Balancing Ecology and Development

The Supreme Court struck a balance between ecological preservation and urban development. It ruled that sustainable development in and around such man-made lakes can coexist with ecological protection if managed responsibly.

Justice Anjaria emphasized:

“It would pave the way to ensure the right to a healthy environment and ecological balance under Article 21 of the Constitution. At the same time, promoting sustainable development for public good is not alien to this principle.”

By doing so, the Court permitted construction around the Futala Lake, noting that the project aims to serve public good while maintaining environmental integrity.

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Definition of Wetlands Under the 2017 Rules

The Wetlands (Conservation and Management) Rules, 2017, define “wetlands” under Rule 2(1)(g) but exclude human-made waterbodies and those constructed for irrigation purposes.
Therefore, the Supreme Court clarified that while Futala Lake does not qualify as a “wetland,” it deserves protection as part of the broader ecological framework.

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Public Trust and Precautionary Principles

The Court reaffirmed the precautionary principle and the doctrine of public trust as essential judicial tools for environmental governance. It stated that even if statutory protection is unavailable, the State remains duty-bound to maintain such waterbodies for ecological and public welfare.

The judgment also observed:

“It is proper that this pristine waterbody continues to exist with twin objectives—to serve public good and to maintain environmental friendliness without causing ecological damage.”

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Wetland Conservation Efforts Nationwide

The issue of wetland conservation continues to remain under active judicial supervision. Since 2018, the Supreme Court has been monitoring a series of public interest litigations (PILs) concerning the ground-truthing and demarcation of wetlands across India.

On Tuesday, a bench comprising Justice Aravind Kumar and Justice N.V. Anjaria was informed that the ground-truthing exercise—a physical verification of wetland boundaries—is still ongoing in several states and union territories despite the August 2024 deadline.

According to an affidavit filed by the Central Government:

• Out of 2,31,195 wetlands listed in the SAC Atlas 2021,

  • Ground-truthing has been completed for 1,89,270 wetlands, and

  • Boundaries have been demarcated for 1,12,460 wetlands.

The Court has now granted an extension until October 19, 2025, for completing the remaining exercise and has scheduled the next hearing for October 28, 2025.

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Conclusion

While the Supreme Court’s ruling excludes man-made lakes from statutory wetland protection, it reinforces a critical message—ecological responsibility does not depend on definitions. Governments must ensure that artificial lakes like Futala are preserved and maintained as urban ecological assets under the Doctrine of Public Trust.

The decision reflects a progressive judicial approach—balancing development and environmental conservation—ensuring that India’s man-made heritage remains sustainable for future generations.

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