Tag: Nagpur

Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good
Supreme Court

Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good

The Supreme Court ruled that a man-made lake constructed for irrigation is not a statutory "wetland" under the 2017 Rules, exempting it from a complete ban on permanent construction. However, the Court applied the Public Trust Doctrine, extending its protection to such artificial water bodies and prohibiting permanent structures to ensure ecological balance and public use. Facts Of The Case: The appellant, Swacch Association, an environmental organization, filed a Public Interest Litigation before the Bombay High Court challenging various construction and recreational projects in and around the Futala Lake in Nagpur. The association argued that the lake was a protected 'wetland,' and that the construction of a Viewer's Gallery on its bank, the installation of a Musical Fountain and an ar...
Shelter vs. Forest: Supreme Court’s Solution for Maharashtra’s Zudpi Jungle Dispute
Supreme Court

Shelter vs. Forest: Supreme Court’s Solution for Maharashtra’s Zudpi Jungle Dispute

The Supreme Court affirmed 'Zudpi Jungle' as forest, but allowed pre-1996 non-forestry regularization without NPV or compensatory afforestation. It mandated strict action for post-1996 diversions, declared fragmented Zudpi lands 'Protected Forests,' and ordered transfers to the Forest Department, with conditions for using Zudpi land for compensatory afforestation. Facts Of The Case: This case revolves around the legal status and utilization of "Zudpi Jungle" lands in six districts of Eastern Vidarbha, Maharashtra. Historically, these lands, characterized by bushy growth and inferior soil, were recorded as "Zudpi Forest" or "Scrub Jungle" in revenue records since the early 1900s, often used for grazing and domestic needs. Due to bureaucratic inaction and state reorganization in 1956, thes...