Nagpur: 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 cited government notifications dating back to 2013, 2018, and 2022 which established 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, Jhansi Rani, and Lal Bahadur Shastri, the petitioners argue for the urgent relocation of the Vivekananda Statue. They highlighted 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 urged the Bombay High Court to reject any attempt to regularise the statue and to direct the concerned authorities, including the NMC and the Maharashtra government, to relocate it immediately. The Division bench of Justice Nitin Sambre and Justice 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.
