Swacch Association, Nagpur v. State of Maharashtra 2025 INSC 1199 - Public Trust Doctrine - Man Made Objects
Environmental Law - Public Trust Doctrine - The public trust doctrine would extend in respect of even man-made or artificially created natural objects, waterbodies, lakes, wetlands, etc. which are drawn and created from the nature or natural resources.- The public trust doctrine need not be limited to the natural bodies such as waterbodies, wetlands, lakes, rivers which are nature’s gifts, but holds true also with respect to the man-made or artificially created waterbodies as well as the things and the objects from nature in order to promote ecology and environment. All those man-made or artificial bodies created from natural resources which contribute to the environment and are eco-friendly in their existence, have to be subject to the doctrine of public trust. (Para 7-9)
Case Info
- Case name: Swacch Association, Nagpur v. State of Maharashtra & Ors.
- Neutral citation: 2025 INSC 1199
- Coram: B.R. Gavai (CJI), K. Vinod Chandran, N.V. Anjaria (J.)
- Judgment date: October 07, 2025
- Appeal details: Civil Appeal No. ______ of 2025 (@ SLP (C) No. 1420 of 2024)
Caselaws and Citations
- M.C. Mehta v. Kamal Nath & Ors., (1997) 1 SCC 388
- M.K. Balakrishnan v. Union of India, Writ Petition (Civil) No. 230 of 2001
- Supreme Court orders dated 08.02.2017 and 04.10.2017 referenced for protection of wetlands identified under NWIA.
Statutes / Laws Referred
- Constitution of India: Articles 21, 48‑A, 51‑A(g)
- Environment (Protection) Act, 1986: Sections 3(1), 3(2)(v), 3(3), 23, 25 (as enabling provisions for Rules)
- Wetlands (Conservation & Management) Rules, 2017: Rule 2(1)(g) (definition of ‘wetland’), Rule 4(2)(vi) (ban on permanent construction), principle of ‘wise use’
- Wetlands (Conservation & Management) Rules, 2010: Rule 4 (applied via SC directions to NWIA‑mapped wetlands)
- 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
- Societies Registration Act, 1860 and Bombay Public Trusts Act, 1950 (status of appellant)
- Maharashtra Heritage Regulations (Notification dated 15.10.2003): Futala Tank as Grade I heritage (Serial No. 132)
Key Government Instruments Cited
- Office Memorandum dated 08.03.2022 (MoEFCC) clarifying protection of NWIA‑identified wetlands under 2017 Rules.
#SupremeCourt holds that the public trust doctrine would extend in respect of even man-made or artificially created natural objects, waterbodies, lakes, wetlands, etc. which are drawn and created from the nature or natural resources. https://t.co/BPjcdB8E64 pic.twitter.com/8aaVCp2mbY
— CiteCase 🇮🇳 (@CiteCase) October 7, 2025
Yash Mittal