The Supreme Court on Thursday stayed all construction work around the Futula lake in Maharashtra's Nagpur.
A three judge bench headed by CJI DY Chandrachud heard the petition filed by Swacch Association of Nagpur against the construction work around Futula Lake.
Earlier, the Bombay High Court had issued directions to Mahametro and Nagpur Municipal Corporation (NMC) to ensure that the construction activities undertaken by them do not cause any damage to the lake.
The high court also held that the historic lake was constructed by the Bhonsales in 1799, is not wetland, but a man-made water body.
The high court in its order directed that even if Futala Lake is not a declared wetland by the State Wetland Authority, the restrictions imposed ought to be applied to the said Lake.
The petitioner had objected to the construction of the viewer’s gallery on the bank of Futala Lake and prayed for demolishing the viewer’s gallery.
Senior Advocate S. Gopalsankarnarayanan appearing for the petitioner told the court that a huge quantity of concrete has been dumped in the lake due to construction activities in and around it. He further said that this will harm the aquatic life in the lake.
He told the court that there's a fountain in the lake and restaurants around the it. He further told the court that there may also be migratory birds around the wetland.
Advocate appearing for the respondents however sought a two weeks time to file affidavit in the court.
The bench questioned the Advocate that why are respondents calling viewers galley a temporary structure.
"Why do you say that these viewer's gallery is a temporary structure, viewers will come everyday?" Justice J B Pardiwala asked.
Directing for maintenance of status quo on the construction the CJI asked, "Why are you doing this there are only few remaining wetland bodies in this country?"
The court also gave two weeks time to respondents to file affidavit.