HC gives expert panel 2 months to submit report on redrawing Pune's flood lines
The panel is headed by an additional chief secretary of the state department of water resources. "The state govt on receipt of the report, submitted by the expert committee, shall take appropriate action on the committee's recommendations within a further period of two months," the bench of chief justice Alok Aradhe and justice Sandeep Marne said. "It will also be open to the petitioners to give suggestions, if so advised, to the state govt," the bench said.
Architect-activist Sarang Yadvadkar, Vivek Velankar of Sajag Nagarik Manch and Vijay Kumbhar of Surajya Sangharsh Samiti filed a PIL in 2021 seeking the court's direction to PMC to replace the demarcations of flood lines in 2017 DP for Pune city and superimpose them with flood lines as demarcated in the maps of March 5, 2011.
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The petitioners also sought directions to PMC and its chief engineer not to grant any permission for development in lands within 100 metres of the current flood lines, besides a direction to the respondents to revoke any permissions for development of lands within 100 metres of current flood lines demarcated in the 2017 DP.
Regarding revocation of permission for development within 100 metres of flood lines, the bench said, "The petitioners have not impleaded any person who has raised any construction within 100 metres of current flood lines demarcated in 2017 DP. Therefore, this court is unable to issue any positive direction."
It stated, "PMC shall examine the issue and take action in accordance with law after affording an opportunity of hearing to the persons, who may be aggrieved by the proposed action, which may be taken by PMC after receipt of directions from the state govt issued after consideration of expert committee report."
At a previous hearing, Maharashtra Krishna Valley Development Corporation, one of the respondents, filed an additional affidavit-in- reply, which contained a report dated Jan 2, 2024. The report stated that while determining the flood lines various important factors and considerations were not taken into account in the past. It suggested a comprehensive review of the flood line demarcation. This formed the basis for setting up the five-member expert committee.
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