SWACCH ASSOCIATION, NAGPUR versus THE STATE OF MAHARASHTRA & ORS.

Citation: [2025] 10 S.C.R. 531 · Decided: 07-10-2025 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Dismissed

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Judgment (excerpt)

[2025] 10 S.C.R. 531 : 2025 INSC 1199
Swacch Association, Nagpur 
v. 
The State of Maharashtra & Ors.
(Civil Appeal No. 12521 of 2025)
07 October 2025
[B.R. Gavai, CJI, K. Vinod Chandran and N.V. Anjaria,* JJ.]
Issue for Consideration
Whether the Futala Tank classifies within the meaning and definition 
of r.2(1)(g) of the Wetlands (Conservation & Management) Rules, 
2017; The kind and nature of the constructions in and around 
the Futala Tank.
Headnotes†
Wetlands (Conservation & Management) Rules, 2017 –  
r.2(1)(g) – ‘Wetland’ – Whether the Futala Tank classifies within 
the meaning and definition of r.2(1)(g):
Held: Futala Lake is not classifiable within the statutory definition 
of ‘wetland’ in r.2(1)(g) – The lake is a man-made waterbody 
constructed for drinking water and for irrigation purpose – The 
definition excludes human made waterbodies and those constructed 
inter alia for irrigation purposes, as rightly held by High Court in the 
impugned judgment– r.4 of the 2017 Rules which provides for the 
restrictions of activity in the ‘wetland’ would not apply stricto sensu 
to Futala Tank as the Lake falls outside the statutory definition – 
High Court gave certain directions including that the respondent 
shall ensure that the spirit of r.4(2)(vi) of the 2017 Rules will be 
respected and structure of any permanent nature within the lake 
would not be undertaken; the activities nearby the Futala Lake 
does not lead to any damage to the Lake and further that the entire 
waterbed along with its recreational and beautification structures 
are kept clean and properly maintained – Applying the restrictions 
and rigours of r.4 of 2017 Rules and in ensuring its relevance to 
the waterbodies or wetlands, even if they are not covered within 
the statutory definition, there is a recognition of precautionary 
principle and doctrine of public trust, which is a judicial foresight 
and a salutary approach – Various directions issued by the High 
* Author
532
[2025] 10 S.C.R.
Supreme Court Reports
Court in the impugned judgment, are only an extension of such 
foresighted thought acted up – No error in the judgment of the 
High Court. [Paras 5.4, 5.5, 5.7, 10]
Case Law Cited
M.C. Mehta v. Kamal Nath & Ors. [1996] Supp. 10 SCR 12 : 
(1997) 1 SCC 388; M.K. Balakrishnan v. Union of India [2009] 6 
SCR 1178 : Writ Petition (Civil) No. 230 of 2001 – referred to.
List of Acts
Wetlands (Conservation & Management) Rules, 2017; Wetlands 
(Conservation and Management) Rules, 2010; Construction 
and Demolition Waste Management Rules, 2016; Manufacture, 
Storage and Import of Hazardous Chemical Rules, 1989; Rules 
for Manufacture, Use, Import, Export and Storage of Hazardous 
Micro-organisms Genetically engineered organisms or cells, 1989; 
Hazardous Wastes (Management, Handling and Transboundary 
Movement) Rules, 2008; E-Waste (Management) Rules, 2016; 
Wetlands (Conservation and Management) Rules, 2010; 
Societies Registration Act, 1860; Bombay Public Trusts Act, 1950; 
Environment (Protection) Act, 1986.
List of Keywords
Rule 2(1)(g) of the Wetlands (Conservation & Management) Rules, 
2017; ‘Wetlands’; Futala Lake; Futala Tank; Man-made waterbody; 
Irrigation purpose; Human made waterbodies; Waterbed; 
Waterbodies; Precautionary principle; Doctrine of public trust; 
Permanent nature within the lake.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12521 of 2025
From the Judgment and Order dated 30.11.2023 of the High Court 
of Judicature at Bombay at Nagpur in PIL No. 4 of 2023
Appearances for Parties
Advs. for the Appellant:
Gopal Sankaranarayanan, Sr. Adv., Ms. Anindita Mitra, Ms. Trisha 
Chandran, Ms. Shreya Nair, Satyajit Sarna.
[2025] 10 S.C.R. 
533
Swacch Association, Nagpur v. The State of Maharashtra & Ors.
Advs. for the Respondents:
Tushar Mehta, Solicitor General, Ms. Aishwarya Bhati, A.S.G., 
Shekhar Naphade, S. K. Mishra, Dama Seshadri Naidu, Ms. Ruchi 
Kohli, Neeraj Kishan Kaul, Ms. Sonali Jain, Sr. Advs., Siddharth 
Dharmadhikari, Aaditya Aniruddha Pande, Shrirang B. Varma, 
Bharat Bagla, Sourav Singh, Aditya Krishna, Adarsh Dubey, 
Ms. Chitransha Singh Sikarwar, Gagan Sanghi, Ms. Salonee 
Paranjape, Karan Bishnoi, Mrs. A.s Jamuna, Rameshwar Prasad 
Goyal, Satyajit A. Desai, Ms. Yogeeta Chaudhary, Abhinav K. 
Mutyalwar, Siddharth Gautam, Ananya Thapliyal, Sachin Singh, 
Ms. Anagha S. Desai, Pratik Kumar Singh, Puneet Sharma, Gharote 
Anurag A, Varad Kilor, Ms. Viddusshi, Rohit Anil Rathi, Ms. Niharika 
S

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