Ambazari flood victims’ PIL: HC notices to State, local admin

 

 

 

 

The Nagpur Bench of the Bombay High Court, on Wednesday, issued notices to the Chief Secretary of State, Secretary Irrigation Department, Secretary Relief and Rehabilitation Department, District Collector, Municipal Commissioner, Nagpur Improvement Trust, Heritage Committee, Maharashtra Pollution Control Board, Maha Metro, EE Irrigation Nagpur and directed them to file their replies within three weeks. The court issued the notices in response to a PIL filed by the flood-affected citizens of Nagpur. Counsel for petitioners Adv Dr Tushar Mandlekar argued that the three government authorities have made illegal constructions and hence there is a need for judicial inquiry. Maha Metro has made illegal construction of eight feet wall and seven wonders of world within 200 metres and illegal construction made by NMC of Vivekanand Smarak on the spillway of Ambazari Dam within 100 metres of the Dam, and illegal construction of Skating Ring made by NIT on Nag River. The petitioners contended that Maharashtra Engineering Research Institute Nashik had already declared on August 16, 2017, that the life of Ambazari Dam had ended and it needed to be repaired to avoid floods.

 

The Bombay High Court had directed the NMC and Maha Metro to take necessary steps to protect and preserve the Ambazari Dam in PIL No 96/2017 on March 21, 2018, but even after six years no steps were taken by the administration, Adv Mandlekar stated. The petitioners have demanded judicial inquiry to fix the responsibility of Government authorities into the entire disaster happening due to overflowing of Ambazari Flood which, according to them, occurred due to negligence of civic authorities. According to the petitioners, the right of way of water was blocked and the water could not smoothly pass through Naag River and so was diverted to the surrounding colonies due to illegal constructions of Maha Metro and NMC. The petitioners have also demanded Rs 2,000 crore for rejuvenation of Naag River, Rs 250 crore for construction and repairs of Sewage and Drainage Lines. The petitioners have demanded ex-gratia compensation of Rs 5 lakh to each affected family which comes to around Rs 1,000 crore. The petitioners have also demanded relocation of Vivekananda Smarak which is constructed in front of the spillway of Ambazari Dam and is within 100 metres of Dam.

 

According to the petitioners, any development within 200 metres of Ambazari Dam is a direct violation of Government Notification dated March 8, 2018 UDCPR 2022, Wetland Regulation 2010, and hence all activities within 200 metres should be stopped, and the said land should be acquired by the State Government to protect Ambazari Dam. The petitioners have also demanded the constitution of an expert committee for the assessment of damages to the Dam, that can suggest measures to protect, preserve and rejuvenate the Dam. Adv Dr Tushar Mandlekar assisted by Adv Tejas Fadnavis argued for the petitioners. Adv Nivedita Mehata argued for State Government. Adv Girish Kunte for NIT. Adv Ravi Sanyal for MPCB. The vigilant citizens who filed the PIL are - Ramgopal Bisambhardayal Bachuka (91), a resident of Yashwant Nagar, North Ambazari Road; Jayashree Dilip Bansod (70), a resident of near Panchsheel Library, Yashwant Nagar; Natthuji Marotrao Tikkas (84), a retired teacher and a resident of Corporation Colony, Gandhi Nagar and Amrendra Vishwanath Rambhad (47), a resident of Ambazari Lay-Out.