A recent affidavit filed by the Maharashtra Irrigation Department before the Nagpur Bench of the Bombay High Court has revealed that the Swami Vivekananda statue near Ambazari Dam sits directly over the dam’s crucial spill channel—a structure vital for controlling flood discharge. The revelation has sparked strong criticism of the Nagpur Municipal Corporation (NMC), which is now being accused of violating the Dam Safety Act, 2021.
This information came to light during a hearing of a Public Interest Litigation (PIL) filed by citizens impacted by the September 2023 floods, which wreaked havoc across the city, leading to loss of life and large-scale destruction.
Executive Engineer Pranjali Tongse, in her affidavit, clarified that the statue is located right inside the dam’s tail channel—an operational spillway of the 150-year-old Ambazari Dam. Despite being categorized as a “small dam,” it remains in use and critical for local flood management. The affidavit points out that NMC, as the owner, failed in its duty to adhere to safety norms and obtain necessary approvals.
The construction, as per the affidavit, was carried out without obtaining clearance from the state’s Water Resources Department. This omission amounts to a breach of provisions under Clauses 26(6) and 46 of the Dam Safety Act, which explicitly restrict any construction near dam structures without prior approval.
Moreover, the affidavit refers to state resolutions from 2013 and 2018, which prohibit any development activity in upstream or downstream areas of dams—a regulation reportedly ignored by the civic authorities during the project.
Expert Study Under Dispute
Although the Central Water and Power Research Station (CWPRS) in Pune had conducted a flood-routing study, the Irrigation Department has clarified that it was not involved in analyzing or endorsing the findings. Petitioners have since dismissed the report as inaccurate, accusing NMC and the Vidarbha Irrigation Development Corporation (VIDC) of submitting flawed data.
They argue that the CWPRS report severely downplays the dam’s discharge capacity, estimating it at just 116 cumecs compared to the actual 320 cumecs—raising doubts about the study’s validity.
Restricted Flow Due to Statue
The PIL also references earlier technical warnings about how the statue interferes with the natural flow of the spill channel, dividing it into two narrow segments of just over five meters each. This, they claim, restricts the dam’s ability to release water during peak rainfall, worsening flood conditions.
The statue, petitioners argue, stands within an officially declared “No Development Zone” and in violation of urban planning rules. Even the Urban Development Department had acknowledged the illegality of the structure, they added.
Ignored Alerts and Environmental Norms
The issue isn’t new. A VIDC meeting held in April 2018 had already acknowledged the statue as a barrier to the dam’s discharge mechanism. Though a ₹110 crore restoration plan was proposed and ₹1 crore deposited by NMC, no corrective steps were taken.
The PIL further highlights that Ambazari Lake is a designated wetland under the Wetlands (Conservation and Management) Rules, 2010. The statue’s construction, reportedly carried out without legal permissions, violates environmental safeguards.
Flood Impact and Compensation
According to the petitioners, the structure worsened the 2023 flooding, which led to:
- 4 fatalities
- Damage to over 26,000 private homes
- Public infrastructure losses worth ₹234 crore
- Private losses exceeding ₹21,000 crore
- Victim families receiving only ₹16 lakh in total compensation
Responding to these concerns, the High Court has asked NMC to file a comprehensive affidavit within a week. Advocate Tushar Mandlekar is appearing on behalf of the petitioners.
The case has also raised questions about political accountability. Petitioners have demanded action against former civic leaders and office-bearers under whose tenure the construction was approved, allegedly in defiance of repeated technical objections. The PIL alleges that pressure from elected representatives led to the neglect of safety warnings, posing a serious risk to public safety.
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