‘You have systematically misled us’ Supreme Court warns NMC over installation of Swami Vivekananda statue at Ambazari lake dam

Staff reporter

The Nagpur Bench of the Bombay High Court. on Wednesday hit up the Nagpur Municipal Corporation (NMC) for misleading the court over the location of the Swami Vivekananda statue near the Ambazari lake dam. ‘You have systematically misled us. Why have contempt proceedings not been initiated against you?” Justice Nitin Sambre questioned the NMC during the hearing of the Public Interest Litigation (PIL) regarding the Ambazari Lake issue. On Tuesday, the NMC filed an application for modification/withdrawal of order, seeking to rectify an error 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 showing that the statue is in the ‘Recreational Zone’ instead of the ‘No Development Zone’ (Agricultural Zone). During the hearing, the division bench of Justices Nitin Sambre and Justice Abhay Mantri came down heavily on the NMC officials for their inaction in the last six months and filing fake maps in the court. State Advocate General Dr. Birendra Saraf came to the NMC’s defense and tendered an apology to assuage the court’s anger.

Advocate Tushar Mandlekar, representing the petitioners, quoted the Irrigation Department’s affidavit and informed that a government resolution was issued on March 8, 2018 banning construction activities within 200 meters of the high flood line from the dam. Moreover, the department had directed the NMC to remove the statue as per the government resolution of 2018. As per rule number 4 of the Wetland Rules 2010, construction activities cannot be allowed in the catchment area and wetland periphery of the dam. In the third point, he informed the court that the Ambazari Dam falls under the Heritage Regulations, 2010, which prohibits construction activities within 50 meters of the dam’s boundary. The court found this information satisfactory and further questioned the NMC. The court categorically asked the NMC when the hydraulic survey would be conducted. While the counsel for the NMC assured the court that they would file the affidavit, the court observed, “You are using papers and doing nothing.

This issue is sensitive and you are doing nothing.” Finally, Advocate General Saraf admitted in court that the construction was illegal and that action would be taken. The court also wondered why a green garden has not been created on the grounds of Krazy Castle. Finally, the court ordered the High Power Committee (HPC), headed by the Divisional Commissioner, to file a detailed affidavit regarding the relocation of the statue by June 10. The NMC’s request to withdraw the order is pending till June 10. Solicitor 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 intervener, Advocate Mishra and Advocate Gemini Casat represented NMC, and Advocate Girish Kunte represented NIT and argued the case.