The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the development of a high- rise building near Ambazari Lake in Nagpur.
The Petition is registered suo-moto on the basis of the news item dated 21.05.2024.
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.
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 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.
The above matter indicated Bench violation of the Water (Prevention and Control of Pollution) Act, 1974 and the provisions of The Environment (Protection) Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power 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.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(i) Nagpur Municipal Corporation, through its Director.
(ii) District Magistrate, Nagpur.
The Bench issued notice to the Respondents.
Since the matter relates to the Western Zonal Bench, Pune , therefore, the Bench transferred the matter to the Western Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Western Zonal Bench and the matter is listed on 05.09.2024.
“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”, the order reads.