[maxmegamenu location=footer]

No Wetland Status for Artificial Lakes

9 Oct 2025

No Wetland Status for Artificial Lakes

The Supreme Court of India ruled that man-made lakes such as Nagpur’s Futala Lake do not qualify as wetlands under the Wetlands (Conservation and Management) Rules, 2017.

  • However, the Court held that such artificial waterbodies must still be protected under the Public Trust Doctrine, ensuring ecological balance and sustainable development as part of citizens’ Right to a Healthy Environment (Article 21).
  • The case highlighted how urban development and ecological conservation must co-exist under the Constitution’s environmental mandate.

Wetlands (Conservation and Management) Rules, 2017

  • Notified under the Environment (Protection) Act, 1986.
  • Replaced the Wetlands (Conservation and Management) Rules, 2010.
  • Aim: To ensure conservation, wise use, and management of India’s wetlands through decentralized governance and scientific planning.

Key Provisions of the Rules

  • Scope: Wetlands include areas of marsh, fen, peatland, or water (natural or artificial, permanent or temporary) — excluding paddy fields and man-made tanks for drinking or aquaculture.
  • Prohibited Activities:
    • Reclamation or encroachment.
    • Industrial or construction activities.
    • Discharge of untreated waste, effluents, or solid waste.
    • Permanent constructions except for conservation and community benefit.
  • Regulatory Bodies:
    • National Wetland Committee (NWC): Advises policy and coordination at the national level.
    • State Wetland Authority (SWA): Headed by the Chief Minister or Minister for Environment, responsible for identification, notification, and management of wetlands within the state.
  • Wetland Identification & Notification: States must prepare a list of wetlands based on ecological significance and submit proposals for notification and demarcation.
  • Integrated Management Plan (IMP): Each notified wetland must have an IMP focusing on wise use principles balancing conservation and livelihood needs
  • The Rules align with Ramsar Convention (1971) principles, which India has ratified for wetland protection and wise use.

Court’s Key Observations

  • Artificial Lakes Not “Wetlands” Under the Rules:
    • Only natural waterbodies fall under the statutory wetland definition.
    • Man-made lakes created for irrigation or human use are excluded from this category, as in the case of Futala Lake.
  • Expansion of the Public Trust Doctrine
    • The doctrine, evolved in M.C. Mehta v. Kamal Nath (1997), holds that natural resources are owned by the State in trust for the public.
    • The SC expanded its scope to include artificial waterbodies, recognising their ecological significance.
    • The State thus has a trustee obligation to preserve and maintain such lakes for collective benefit
  • Article 21 – Right to a Healthy Environment: The Court held that governments are constitutionally bound to protect and maintain these resources in the interest of ecological balance and citizens’ right to a healthy environment (Article 21)

Legal precedents: In  Subhash Kumar v. State of Bihar (1991) and A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999),  the court held that “A clean and healthy environment is an integral part of the right to life under Article 21.”

  • Sustainable Development Principle:
    • The Court emphasised that sustainable development and environmental protection are complementary, not conflicting.
    • Urban development projects can proceed only if they preserve ecological integrity and follow the precautionary principle under environmental jurisprudence.

Check Out UPSC CSE Books

Visit PW Store
online store 1

About Futala Lake, Nagpur

  • Location: Situated in Nagpur, Maharashtra, spread over about 60 acres, it is one of the city’s oldest and most famous lakes, believed to be over 200 years old.
  • Origin: Built by the Bhonsle kings of Nagpur during the 18th century.
  • Purpose: Initially created as a water reservoir; today, it serves as a major recreational and cultural site.

Need help preparing for UPSC or State PSCs?

Connect with our experts to get free counselling & start preparing

Aiming for UPSC?

Download Our App

      
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">






    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.