Nagpur: The Nagpur Bench of the Bombay High Court has delivered a stern rebuke to the State Irrigation Department over its inconsistent stance on the construction of the Vivekanand Memorial on the spillway of Ambazari Dam. Expressing dissatisfaction with the Department’s handling of the matter, the Court warned against endangering citizens’ lives and demanded accountability.
In a hearing on Wednesday, a division bench comprising Justice Nitin Sambre and Justice Abhay Mantri voiced strong criticism against the State Irrigation Department for its fluctuating position on the construction of the Vivekanand Memorial. The Court emphasized the potential risk to citizens’ lives and instructed the Department to desist from such precarious conduct.
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The Court directed the Department’s lawyer to submit a comprehensive affidavit addressing several queries raised by the bench concerning the installation of the statue. Key concerns include allegations by petitioners that the statue impedes the free flow of water in the Ambazari spillway, purportedly contributing to flash floods that struck Nagpur on September 23 of the previous year.
Questioning the Department’s handling of expert reports, the bench highlighted a recurring pattern wherein authorities from various institutions such as VNIT (Visvesvaraya National Institute of Technology), the Hydrology Institute in Nashik, and the National Hydrology Authority were consulted, only for their findings to be disregarded if they did not align with the Department’s position. The Court condemned this practice as wasteful of public resources and demanded accountability, suggesting that the costs incurred in engaging these authorities should be recoverable from the Department’s officers.
The High Court’s admonishment underscores the gravity of the situation surrounding the Vivekanand Memorial construction and its potential impact on public safety. By calling attention to the Department’s inconsistent approach and apparent disregard for expert opinion, the Court has signalled the need for transparency, accountability, and adherence to proper procedures in matters of public infrastructure and safety.
During the hearing, the High Court expressed dissatisfaction with the affidavit submitted by the Irrigation Department and highlighted discrepancies in the information provided regarding dam management and water discharge protocols. Concerns were raised over conflicting statements from different departments within the Irrigation Department which also cast doubt on the Department’s competence and transparency.
One of the key points of contention was the proposed construction of four gates at Ambazari Lake for water discharge, with the Irrigation Department estimating the release of 75 cubic metres of water. However, the High Court expressed dismay when informed that the decision regarding the memorial’s fate would be left to a committee after the gate construction — a move deemed unacceptable given the sensitive ecological status of the area. Moreover, questions were raised regarding the legal basis for the construction of the memorial on wetland territory which resulted into the High Court to demand clarification on the relevant laws governing such activities.
Holding the department officials responsible for delay in execution of works related to the dam, the judges warned them it would pass strictures. “If you are unable to complete the work, we will call your Secretary and make him camp here. As soon as the new officer comes, he changes the plans. You have failed to hand over any concrete proposal to Nagpur Municipal Corporation (NMC) till date. It is hard to believe that such high-ranking officers are doing such work. Give us some legal basis of how you can construct a statue in a spillway. You may remove the statue or not, but do not play with the lives of people,” the judges said.
In response to concerns raised by citizens regarding the safety and integrity of Ambazari Lake, the Irrigation Department assured the court that necessary strengthening works would be completed by August 7. However, the incident of water-logging in nearby settlements during heavy rains in September 2023 raised doubts about the Department’s ability to manage the lake effectively which led to the filing of a public interest litigation (PIL) by citizens.
Adv Tushar Mandlekar represented the petitioner, Adv Devendra Chavan and Adv Deepak Thakre appeared for the State while Adv Chandurkar appeared for the Irrigation Department, Adv Ravi Sanyal for MPCB, Adv Mishra and Adv Jemini Kasat for NMC. The next hearing is scheduled for April 3.
