THE petitioners in the Ambazari floods public interest litigation (PIL), have filed a comprehensive rejoinder before the Nagpur Bench of the Bombay High Court and staunchly opposed the proposed regularisation of the Vivekananda statue at Ambazari dam. The petitioners, through their counsel Tushar Mandlekar, asserted that the construction of the Vivekananda statue within what the Nagpur Municipal Corporation (NMC) designates as a “recreational zone,” depicted in light green on the sanctioned development plan, is misleading. They contend that the statue’s base and pedestal are mere five metres from the spillway tray and weir which are crucial components of the Ambazari dam’s infrastructure.This placement, they argue, significantly impedes the free flow of water and reduces the spill channel’s width, as highlighted in a damning report by M/s Hitbhav Engineers, engaged by the Command Area Development Authority, Nagpur. Central to their argument is the assertion that the statue’s location falls within a“no development zone,” designated as a blue zone in the sanctioned development plan. 

 

The petitioners cite government notifications dating back to 2013, 2018, and 2022 which establishes restricted zones around dams to prevent any construction within 200 meters. They stressed that the construction of the Vivekananda Statue in 2016 violated multiple statutory provisions, including Wetland Rules 2010, DCR 2020, MRTP Act 1966, and the Irrigation Act 1976, without requisite permissions. Drawing parallels with previous instances where statues obstructing urban infrastructure were relocated for public safety reasons, such as those of Mahatma Gandhi, Rani Laxmi Bai, and Lal Bahadur Shastri, the petitioners argue for the urgent relocation of the Vivekananda Statue.They highlight the statue’s obstruction of the spillway and tail channel of the Ambazari Dam as a critical risk factor contributing to floods, citing a tragic incident on September 23, 2023, where it allegedly exacerbated flood damage to public and private properties, leading to substantial financial losses and casualties. The rejoinder urges the Bombay High Court to reject any attempt to regulariae the statue and to direct the concerned authorities, including the NMC and the Maharashtra government, to relocate it immediately.

 

The Division bench of Justices Nitin Sambre and Abhay Mantri is expected to hear arguments from both sides in the next weeks and the hearing on Wednesday was adjourned on the request of the State. Petitioners cross UD’s arguments of public funds in statue construction IN A recent affidavit dated June 27, 2024, the Principal Secretary of the Urban Development Department, Government of Maharashtra, expressed firm intentions to proceed with the regularization of the Vivekananda Statue at Ambazari Dam, citing the significant investment of public funds. However, the rejoinder references past instances where government-built structures were demolished to accommodate larger infrastructure projects, notably: Chhatrapati Square fly-over INITIALLY constructed to ease traffic flow onWardha Road, the Chhatrapati Square Flyover was later dismantled due to its inadequacy. The initial construction cost amounted to Rs 28 crore. Later, the flyover was demolished to make way for a comprehensive infrastructure overhaul, including a metro rail integration which cost an additional Rs 2 crore. Ganesh Tekdi fly-over BUILT near the railway station in 2008 at a cost of around Rs 16.23 crore, the Ganesh Tekdi Flyover was demolished to alleviate traffic congestion. The demolition incurred an expenditure of Rs 3 crore and paved the way for a new six-lane road. The affidavit also referenced cost escalations in infrastructure projects, such as the Ram Jhula Bridge.