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. 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 defense and tendered an apology to mitigate the court’s ire.

 

Advocate Tushar Mandlekar, representing the petitioners, cited the affidavit filed by the Irrigation Department and informed that a Government Resolution was issued on March 8, 2018, which prohibits construction activity within 200 meters of the high flood line from the dam. Additionally, the department had instructed the NMC to remove the statue as per the Government Resolution in 2018. As per Rule number 4 of the Wetland Rules 2010, construction activity cannot be allowed in the catchment and wetland periphery of the dam. In the third point, he informed the court that the Ambazari dam falls under the heritage site regulations 2010, which prohibits construction activity within 50 meters of the dam’s boundary. The court found this information satisfactory and questioned the NMC further. The court categorically asked the NMC when the hydraulic study would be conducted. As the NMC’s counsel assured the court that they would file the affidavit, the court remarked, “You are using papers and doing nothing.

 

This matter is sensitive and you are doing nothing.” Finally, 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 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. 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.