Nagpur: The Nagpur Bench of Bombay High Court on Wednesday rapped the Nagpur Municipal Corporation (NMC) for misleading the court about the location of the Swami Vivekananda statue near Ambazari Lake dam. “You have systematically misled us.Why haven’t contempt proceedings been initiated against you?” Justice Nitin Sambre questioned the NMC during the hearing on the Public Interest Litigation (PIL) concerning the Ambazari Lake issue.
The court ordered the High Power Committee (HPC), led by the Divisional Commissioner, to file a detailed affidavit before June 10 regarding the relocation of the statue. The NMC’s application to recall the order is pending until June 10.
The High Court’s ’s directive to relocate the Vivekananda statue from Ambazari lake spillway came after Advocate General (AG) Birendra Saraf, who attended the hearing virtually from Mumbai, admitted that the structure was constructed in violation of State Irrigation Department rules, which prohibit any construction within 200 metres of a water body.
The judges had earlier warned NMC of issuing a contempt notice for previously defending the construction of the statue on the spillway stating that the Irrigation Department’s rules were amended in 2017 that allowed constructions till 30 metres of the water body.
The bench reprimanded the NMC for not completing Ambazari dam’s hydraulic assessment and not maintaining proper communication with concerned authorities. It ordered the NMC to take temporary remedial measures to control water spillage before monsoon and added that they need not wait for the court’s verdict on the case to enact the measures. The court asked the NMC to inform about remedial measures taken by June 10.
Representing NMC, senior counsel Surendra Kumar Mishra informed that Central Water and Power Research Centre, Pune, was appointed to conduct a hydraulic assessment test of Ambazari dam.
Earlier, the petitioners’ counsel Tushar Mandlekar pointed out that Ambazari dam is a heritage structure and as a result, the garden and lake fall under the Wetland (conservation and management) Rules of 2017. Quoting a Visvesvaraya National Institute of Technology report, he said the width of Nag River should be expanded to 21 meters to prevent accumulation of water.
In reply, the NMC stated that Maha Metro and Nagpur Improvement Trust have been assigned Nag River widening to 18 meters on its entire 17-km stretch.
The court asked advocate general Saraf to file a reply to Mandlekar’s contention that the Collector had sought Rs 856 crore for cleaning and rejuvenation of three rivers — Nag, Pora, and Pili — from the government before monsoon.
On Tuesday, the NMC filed an application for modification/recall of an order, seeking to rectify a mistake made in the court regarding the location of the Swami Vivekananda statue. The NMC has revised its earlier information and provided new information to the court indicating that the statue stands in the ‘Recreational Zone’ rather than the ‘No Development Zone’ (Agriculture Zone).
During the hearing, the division bench of Justice Nitin Sambre and Justice Abhay Mantri came down heavily on the NMC officials for their inaction over the past six months and for submitting bogus maps before the court. State Advocate General Dr Birendra Saraf came to the NMC’s defence and tendered an apology to mitigate the court’s ire.
Advocate General Saraf admitted before the court that the construction was illegal and steps would be taken. The court also queried why a green garden has not been constructed on the land of Krazy Castle. Finally, the court ordered the HighPower Committee (HPC), led by the Divisional Commissioner, to file a detailed affidavit before June 10 regarding the relocation of the statue. The NMC’s application to recall the order is pending until June 10.
Advocate General Dr Birendra Saraf represented the State through video conferencing. Advocate Tushar Mandlekar represented the petitioners, Advocate Devendra Chavan represented the State, Advocate Ravi Sanyal represented MPCB, Advocate Prashant Satyanathan acted as an intervenor, Advocate Mishra and Advocate Gemini Casat represented NMC, and Advocate Girish Kunte represented NIT and argued the case.
