Neglect of HC Orders Led to ‘Man-Made’ Disaster: Petitioners

Nagpur: Petitioners have blamed the Nagpur Municipal Corporation (NMC) and other civic agencies for failing to prevent the devastating floods of September 2023, accusing them of ignoring repeated warnings from the Bombay high court (HC) about the deteriorating Ambazari dam.Despite the HC's 2018 directive to strengthen the 146-year-old dam, authorities took no action, leading to what petitioners term a ‘man-made disaster.'In 2018, the Nagpur bench of the Bombay HC had raised concerns over the dam's safety, quoting a report from the Central Dam Safety Organisation (CDSO) that stated the dam's life had ‘already come to an end.' The division bench, led by Justices Bhushan Gavai and Murlidhar Giratkar, had warned the authorities about the dam's structural vulnerabilities while addressing a PIL against the construction of MahaMetro's pillars near the dam. However, the court noted that the real danger came from the Vivekanand memorial, constructed illegally at the dam's spillway, which posed a bigger threat to the dam's safety.Petitioners' counsel Tushar Mandlekar criticised the NMC, govt, and other agencies for neglecting the court's warnings. He argued that had the authorities complied with the HC's 2018 orders, the disastrous floods could have been avoided, preventing loss of lives and massive damage to properties. "The civic agencies' failure to act on the HC's directives amounts to absolute contempt of court. They must be held accountable for this criminal neglect," Mandlekar stated.The petitioners argue that the delay in fortifying the dam and addressing safety concerns, including the obstruction caused by the Vivekanand memorial, directly contributed to the 2023 floods. Despite the HC's clear directive that there should be no shortage of funds for the dam's strengthening, meaningful work began only after the floods struck. "Justice Gavai had made it clear that all necessary steps should be taken to secure the dam, yet nothing was done," said Mandlekar.The Vivekanand memorial, constructed illegally on the dam's spillway, was identified by both the CDSO and the HC as a significant risk factor. Despite this, the authorities have refused to remove the structure, further endangering the dam and surrounding areas. Mandlekar stressed that this inaction reflects a broader pattern of negligence by the NMC and other agencies, which continue to ignore the court's warnings.In addition to the Ambazari dam, the Nag River has also suffered neglect. In 2021, the HC bench led by Justice Sunil Shukre had rebuked civic authorities for allowing the historic river to become choked with garbage and sewage. The court directed the NMC to implement a rejuvenation plan and remove illegal constructions along the riverbanks, but three years later, little progress has been made. The Nag River continues to carry waste, and encroachments remain largely untouched.The petitioners are now calling for strict punitive action against civic authorities, including heavy fines and punishment for contempt of court. Mandlekar emphasised that this negligence has cost the city dearly and that those responsible must be held accountable for their failure to comply with the HC's orders.