Nagpur: Taking suo motu cognisance of the report published in Nagpur Today titled “High-rise construction near Ambazari Lake raises concerns amid flood worries,” the National Green Tribunal (NGT), New Delhi, has ordered issuance of notices to Nagpur Municipal Corporation (NMC) and Nagpur District Collector and sought their response before the appropriate bench of the Tribunal.
The Nagpur Today report published on May 21, 2024, had said that residents of Nagpur, particularly those living along the Nag River and nearby areas, could face heightened challenges this monsoon season due to the construction of a high-rise building near Ambazari Lake. This development raises significant safety concerns, especially in light of the devastating floods that occurred on September 23 last year. On September 23, 2023, Nagpur experienced severe flooding that resulted in extensive damage to properties and infrastructure. The Nag River overflowed, submerging nearby residential areas and causing considerable distress to the inhabitants.
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The Principal Bench of National Green Tribunal comprising Justice Prakash Shrivastava, Chairperson, Justice Arun Kumar Tyagi, Judicial Member, and Dr A. Senthil Vel, Expert Member, took the cognisance of the Nagpur Today report.
On July 5, 2024, the hearing on the news item “High-rise construction near Ambazari Lake raises concerns amid flood worries” appearing in Nagpur Today dated 21.05.2024. During the hearing, the Principal Bench said that this Original Application is registered suo-motu on the basis of the news item titled “High-rise construction near Ambazari Lake raises concerns amid flood worries” appearing in Nagpur Today dated 21.05.2024.
Also Read :High-rise construction near Ambazari Lake raises concerns amid flood worries
The matter relates to the development of a high- rise building near Ambazari Lake in Nagpur. As per the article, this development raises significant safety concerns, especially considering the devastating floods that occurred in September last year. It states that Nagpur experienced severe flooding that resulted in extensive damage to properties and infrastructure. The Nag River overflowed, submerging nearby residential areas and causing considerable distress to the inhabitants.
The article highlights that construction of a high rise near Ambazari Lake area is critical because of its proximity to the lake and the Ambazari spillway, both of which play crucial roles in flood management and water regulation. Furthermore, the high rise building could obstruct natural water flow and exacerbate flooding during heavy monsoon rains. Construction activities might disrupt the local ecosystem, affecting both the lake and the spillway’s capacity to manage excess water.
The article alleges that the construction of such high rises should not compromise the safety and well being of Nagpur’s residents or the environment. The above news item indicates violation of the Water (Prevention and Control of Pollution) Act, 1974 and the provisions of The Environment (Protection) Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment. Power of the Tribunal to take up the matter suo-motu has been recognized by the Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Others.” reported in 2021 SCC Online SC 897.
Hence, we implead following as respondents in this matter: Nagpur Municipal Corporation, through its Commissioner, Chhatrapati Shivaji Maharaj Administrative Building, Mahanagar Palika Marg, Civil Lines, Nagpur, and District Magistrate, Nagpur, Collector Office, Civil Line, Nagpur
The Principal Bench ordered notice be issued to the above Respondents for filing their response before the appropriate bench of the Tribunal. Since the matter relates to the Western Zonal Bench, Pune, therefore, OA is transferred to the Western Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Western Zonal Bench, Pune.
The news item reflects that some matter has been heard by the Nagpur Bench of the Bombay High Court concerning these issues, therefore before proceeding further in the matter Western Zonal Bench will duly ascertain the scope of the petition/order passed by the Nagpur Bench to avoid the parallel proceedings. List the matter before Western Zonal Bench at Pune on 05.09.2024, said the order issued by Justice Prakash Shrivastava, Chairperson, Justice Arun Kumar Tyagi, Judicial Member, and Dr A. Senthil Vel, Expert Member.
A case is currently being heard at the Nagpur Bench of the Bombay High Court concerning the location of Swami Vivekananda Smarak at the Ambazari spillway. This legal battle underscores the ongoing concerns about proper land use and construction practices in flood-prone zones.
…Avani Arya
