In News:

The Supreme Court has recently clarified that the Public Trust Doctrine (PTD) applies not only to naturally occurring water bodies such as rivers, lakes, and wetlands, but also to artificial or man-made waterbodies that perform vital environmental or ecological functions. This judgment marks a significant expansion of environmental jurisprudence in India, underscoring that ecological protection cannot hinge solely on whether a waterbody is naturally formed.

Case Background: Futala Lake, Nagpur

The ruling came in a case concerning Futala Lake in Nagpur, Maharashtra, where an NGO challenged recreational development activities around the lake, arguing that it should be treated as a wetland.

Key details:

• Futala Lake (Telangkhedi Tank) was built in 1799 by Shri Gyanoji Bhosale.
• The lake and its catchment cover ~200 hectares.
• Constructed historically for irrigation, making it man-made.

The Bombay High Court had earlier allowed non-permanent recreational structures while directing authorities to preserve the lake’s environmental integrity. The Supreme Court upheld this decision.

Supreme Court’s Key Observations

• Artificial waterbodies serving ecological functions fall within the Public Trust Doctrine.
• Such resources must be protected under the constitutional mandate of Articles 48-A and 51-A(g) (environmental protection duties of the State and citizens).
• Futala Lake, being artificially created for irrigation, does not qualify as a "wetland" under the Wetlands (Conservation and Management) Rules, 2017, which exclude human-made irrigation tanks.
• Nonetheless, the lake deserves environmental protection through PTD because it contributes to urban ecology and public welfare.

The Court emphasized that PTD imposes duties on authorities to prevent irreversible damage and ensure sustainable use, reinforcing the right to a healthy environment under Article 21.

Doctrinal Significance: Public Trust Doctrine (PTD)

Meaning: The State acts as a trustee of natural and environmental resources, which belong to the public and cannot be monopolized, degraded, or transferred for private gain.

Origins:

• Roots in Roman law (res communes)
• Developed through English common law
• Recognized in Indian jurisprudence (e.g., M.C. Mehta v. Kamal Nath, 1997)

Core Principles

• Resources of collective importance must remain available for public use and ecological balance.
• The State cannot alienate, privatize, or degrade these resources.
• Resources must be maintained for specific public and ecological purposes.

Ruling’s Broader Implications

• Expands PTD protection to man-made lakes, tanks, reservoirs that support ecology and public use.
• Strengthens legal framework for urban waterbody conservation amid fast-paced infrastructure growth.
• Reinforces sustainable development, ecological preservation, and inter-generational equity.