Overview

• A bench led by Chief Justice BR Gavai with Justices K Vinod Chandran and NV Anjaria upheld the Bombay High Court and dismissed the Swachh Association appeal.
• The court held Futala is a man-made waterbody outside the Wetlands Rules, 2017, permitting only sanctioned temporary installations such as a floating restaurant, banquet hall, musical fountain and viewing gallery.
• Permanent structures remain barred and authorities must adhere to approved plans with strict environmental safeguards under the precautionary principle.
• The judgment applies the public trust doctrine to man-made lakes, underscoring state responsibility to protect ecology and the Article 21 right to a healthy environment; Justice NV Anjaria authored the opinion.
• The order lifts the January 2024 status quo on works, as the court also continues to oversee nationwide wetland ground-truthing and boundary demarcation exercises with October deadlines.