Disposed

News Item Titled "High-Rise Construction Near Ambazari Lake Raises Concerns Amid Flood Worries" Appearing in Nagpur Today Dated 21.05.2024 vs

NGT5 Jul 2024Original Application No. 729/2024

Case brief

AI extract

What is this about?

The National Green Tribunal, Principal Bench, suo motu registered an application based on a news report concerning high-rise construction near Ambazari Lake, Nagpur, raising flood safety concerns. The Bench impleaded respondents, noted a potential violation of environmental and water acts, and transferred the matter to the Western Zonal Bench, Pune, to ascertain parallel proceedings in the Bombay

What did the court decide?

Notice issued to respondents; matter transferred to Western Zonal Bench, Pune for further action.

News Item Titled "High-Rise Construction Near Ambazari… — Environment and Pollution | NGT (2024)

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Item No.02

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 729/2024

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News item titled “High-rise construction near Ambazari Lake raises concerns amid flood worries” appearing in Nagpur Today dated 21.05.2024

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Date of hearing: 05.07.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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ORDER

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This Original Application is registered suo-motu on the basis of the news item titled “High-rise construction near Ambazari Lake raises concerns amid flood worries” appearing in Nagpur Today dated 21.05.2024.

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The matter relates to the development of a high- rise building near Ambazari Lake in Nagpur. As per the article, this development raises significant safety concerns, especially considering the devastating floods that occurred in September last year. It states that Nagpur experienced severe flooding that resulted in extensive damage to properties and infrastructure. The Nag river overflowed, submerging nearby residential areas and causing considerable distress to the inhabitants.

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The article highlights that construction of a high rise near Ambazari lake area is critical because of its proximity to the lake and the Ambazari spillway, both of which play crucial roles in flood management and water regulation. Furthermore, the high rise building could obstruct natural water flow and exacerbate flooding during heavy monsoon rains. Construction activities might disrupt the local ecosystem, affecting both

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the lake and the spillway’s capacity to manage excess water. The article alleges that the construction of such high rises should not compromise the safety and well being of Nagpur’s residents or the environment.

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The above news item indicates violation of the Water (Prevention and Control of Pollution) Act, 1974 and the provisions of The Environment (Protection) Act, 1986.

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The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

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Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 .

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Hence, we implead following as respondents in this matter:

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(i) Nagpur Municipal Corporation, through its Director, Chhatrapati Shivaji Maharaj Administrative Building, Nagpur Municipal Corporation, Mahanagar Palika Marg, Civil Lines, Nagpur, Maharashtra

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(ii) District Magistrate, Nagpur, Collector Office, Civil Line, Nagpur

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Let notice be issued to the above Respondents for filing their response before the appropriate bench of the Tribunal.

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Since the matter relates to the Western Zonal Bench, Pune, therefore, OA is transferred to the Western Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Western Zonal Bench, Pune.

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The news item reflects that some matter has been heard by the Nagpur Bench of the Bombay High Court concerning these issues, therefore before proceeding further in the matter Western Zonal Bench will duly ascertain the scope of the petition/order passed by the Nagpur Bench to avoid the parallel proceedings.

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List before Western Zonal Bench at Pune on 05.09.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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July 05, 2024 Original Application No. 729/2024 AS.

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News Item Titled "High-Rise Construction Near Ambazari Lake Raises Concerns Amid Flood Worries" Appearing in Nagpur Today Dated 21.05.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "High-Rise Construction Near Ambazari Lake Raises Concerns Amid Flood Worries" Appearing in Nagpur Today Dated 21.05.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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