Nagpur: In a new development, the Water Resources Department (WRD), commonly known as the Irrigation Department, has submitted an affidavit to the Nagpur bench of the Bombay High Court, stating its inability to remove the Swami Vivekananda statue. The statue, deemed ‘illegal,’ obstructs the water flow from Ambazari Lake, contributing to severe flooding and damage during the September 23 floods last year.
In the affidavit, the WRD clarified that the statue is situated in the spill/tail channel of the Ambazari dam, rather than in the river’s natural course. The department emphasized that this channel is a component of the dam, thus making it subject to the Dam Safety Act of 2021.
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Thursday 21 Nov. 2024
WRD counsel JJ Chandurkar explained, “Under Section 19 of the Maharashtra Irrigation Act, 1976, the appropriate authority may prohibit the formation of obstructions in a river within certain limits. However, since the Ambazari dam is not owned, maintained, controlled, or managed by WRD, it is not the appropriate authority to address this issue.”
The affidavit was filed in response to a Public Interest Litigation (PIL) by Ramgopal Bachuka and others. The petitioners, through counsel Tushar Mandlekar, argued that the WRD should remove the statue under the Irrigation Act, 1976, which pertains to the removal of obstructions in the free flow of rivers. They cited a WRD resolution from July 25, 2023, which outlined policies and procedures for restoring the carrying capacity of rivers by removing silt and other obstructions.
The WRD clarified that the July 25, 2023, Government Resolution (GR) was issued to establish guidelines for removing silt and obstructions from rivers in flood-prone cities as per orders from the National Green Tribunal (NGT). It emphasized that a 3.55 km stretch of the Nag River, from Pardi to its confluence with the Pili River, was included in the GR, which is available on its website. However, the department reiterated its lack of jurisdiction over the Ambazari dam.
In response to the petitioners’ request for the original map of the area before the statue’s construction, the WRD stated that it does not possess such documents, as it falls outside its operational scope.
Petitioners, represented by counsel Tushar Mandlekar, contended that the construction violates the provisions of the Irrigation Act, 1976, and the Maharashtra Regional and Town Planning (MRTP) Act, 1966. They noted that multiple representations to the relevant authorities regarding these illegalities and requests for action have been ignored.
The September 2023 flash floods had a significant impact on several localities downstream of Ambazari Lake, including Purohit Layout, Ambazari Layout, Kasturba Layout, Samata Layout, Yashwant Nagar, Daga Layout, Corporation Colony, Dandige Layout, and Shankar Nagar.
