NMC didn't seek irrigation dept nod for Vivekananda statue at Ambazari, HC told
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Nagpur: The Swami Vivekananda statue at Ambazari Dam was constructed without its prior permission, the irrigation department informed Bombay high court's Nagpur bench in an affidavit filed on Wednesday.
The department's affidavit mentioned that the statue lies within the dam's spill (tail) channel, not in the course of the Nag River, and that the Nagpur Municipal Corporation (NMC), as the dam's owner, was required to obtain necessary approvals beforehand.
"It is mandatory to ensure safety compliance before any construction in such zones. The NMC was responsible for seeking approvals and adhering to the law," the affidavit by executive engineer Pranjali Tongse stated.
The court was hearing a PIL (No 56/2023) filed by Ramgopal Bachuka and others. Counsel for the petitioners Tushar Mandlekar told TOI that the department confirmed the statue was erected without its consent.
The affidavit stated that following the September 23, 2023 devastating flash floods, the Central Water and Power Research Station (CWPRS) was asked to assess the impact of the statue's pedestal on hydraulic flow.
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The Pune-based body reported that the statue did not cause the said flooding.
The division bench of Justices Nitin Sambre and Sachin Deshmukh observed, "The NMC seems more concerned with the safety of the Vivekananda statue than with its statutory responsibility to maintain the dam." The bench adjourned the matter until July 9 after assistant government pleader NS Rao sought time to respond.
While distancing itself from interpreting CWPRS's April 9, 2025, findings, the irrigation department stated that it had fully cooperated by sharing technical data and conducted a 16.7km DGPS and LiDAR-based survey from Ambazari dam to the Nag–Pili river confluence, which was verified and submitted in December 2024.
"Ambazari dam, constructed over 150 years ago, is classified as a 'small dam' under ISO norms. With a gross storage of 8.35 million cubic metres and a 5.4-metre head, it is designed for a 1-in-100-year flood of 116.10cumecs. However, the dam's structure can withstand up to 320 cumecs, exceeding minimum standards by nearly threefold," Tongse said.
The affidavit also stated that structural strengthening of the weir and spillway was completed in March 2023, while priority-2 works on the dam's earthen section were finished in March 2025.
Both stages were executed with vetted designs approved by the Central Design Organisation, Nashik.
Referring to govt resolutions dated August 2, 2013, and March 8, 2018, the department reaffirmed that all construction activity upstream and downstream of dams is restricted, regardless of the agency or developer involved.
Key points in irrigation dept affidavit
Location
-- Statue built in spill (tail) channel of Ambazari Dam
- NMC is the dam's statutory owner and responsible for compliance
CWPRS Findings
- Pedestal affected hydraulic flow post-2023 flood
- Not in Nag River's natural course, didn't cause flooding
Court's Observation
- NMC more focused on statue than dam safety
Dam Details
- Over 150 years old
- Withstands 320 cumecs vs required 116.10 cumecs
- Strengthening works completed by March 2025
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