Demand probe into civic causes of flood, compensation of Rs 5-15 lakh, lasting protection of Ambazari lakeand Naag river

Staff Reporter

A group of flood-affected citizens from the Ambazari area filed a Public Interest Litigation (PIL) at the Nagpur bench of the Bombay High Court on Tuesday. The petitioners reside in flood-affected regions and are deeply distressed by the water-logging and floods that ravaged the city on September 23. They are also aggrieved by the perceived negligence and inaction of government authorities in safeguarding their lives and properties. The petitioners have invoked their fundamental rights under Articles 14, 19, and 21 of the Indian Constitution in their appeal to the High Court. The petitioners assert that their cause is not politically motivated but driven by their concern for the broader public interest. They aim to shed light on alleged illegalities committed by respondents in public projects’ construction and the authorities’ failure to preserve and protect Ambazari Lake/Dam, and Naag River in the city. The timeline of events leading up to this PIL is as follows - October 15, 2003: Ambazari Lake was designated as a Heritage Conservation Area under the Regulations for Conservation of Heritage Buildings/Precincts/Natural Features 2003. August 2, 2013: The state government passed a resolution prohibiting construction or excavation downstream of the dam or within 10 times the dam’s height for up to 200 meters from the toe of the dam.

2015: The crest height of the dam was allegedly increased by 10 feet by the Nagpur Municipal Corporation (NMC) in 2015 without altering the upstream and downstream streams accordingly which caused concerns about its structural integrity. August 16, 2017: The Maharashtra Engineering Research Institute (MERI) issued a warning about the deteriorating condition of Ambazari Lake dam and stated that its life had ended. The PIL highlights the dire consequences of the heavy rains and flooding that struck Nagpur on September 23. The petitioners cite the loss of five lives, destruction of properties and the disruption of normal life as they seek justice and accountability from the authorities. The respondents have been called upon to address various issues, including ensuring dam safety, rejuvenating Nag River, and providing adequate compensation to affected families and businesses. The PIL also calls for action against industries allegedly polluting Ambazari Lake. The Bombay High Court is expected to list this PIL for hearing on Wednesday and the case is likely to shed light on the responsibilities and actions of various government bodies in relation to the disaster.

The petitioners have identified multiple respondents, including - State of maharashtra through its chief secretary, Mumbai; The Secretary, Ministry of Relief and Rehabilitation, Disaster Management Unit, Mumbai; The Secretary, Water Resources Department, Ministry of Water Resources, Mumbai; The Secretary, Department of Urban Development, Mumbai; The Secretary, Ministry of Forest, Mumbai; The Director General, Concept Training, Hydrology, Research and Safety, Maharashtra Engineering Research Institute, Nashik; The District Collector, Civil Lines, Nagpur; Municipal Commissioner, Nagpur Municipal Corporation; Maharashtra Metro Rail Corporation Ltd; Nagpur Improvement Trust; Maharashtra Pollution Control Board, Nagpur; The Secretary, Irrigation Department, Nagpur; The Heritage Conservation Committee, through its Chairman. The petitioners accused the respondents of various forms of negligence and inaction related to the disaster.

The vigilant citizens who filed the PIL are - Ramgopal Bisambhardayal Bachuka (91), a resident of Yashwant Nagar, North Ambazari Road; Jayashree Dilip Bansod (70), a resident of near Panchsheel Library, Yashwnat Nagar; Natthuji Marotrao Tikkas (84), a retired teacher and a resident of Corporation Colony, Gandhi Nagar and Amrendra Vishwanath Rambhad (47), a resident of Ambazari Lay-Out. Adv Tushar Mandlekar is the counsel for the petitioners.