Bombay High Court Orders Comprehensive Review of Flood Line Demarcation in Pune, Supervisory Committee Formed
Reported by Mubarak Ansari
Mumbai/Pune, 26th June 2024: In a significant ruling today, the Bombay High Court has directed a comprehensive review of the flood line demarcation in Pune. This decision comes in response to a Public Interest Litigation (PIL) filed by Sarang Yadwadkar, Vivek Velankar and Vijay Kumbhar, expressing concerns about the faulty demarcation of flood lines in the city.
The PIL (Public Interest Litigation No.36 of 2021) was filed against the State of Maharashtra, represented by the Principal Secretary of the Urban Development Department, and other respondents. The petitioners were represented by Senior Advocate Gayatri Singh and Ronita Bhattacharya Bector. The respondents included the State of Maharashtra, Pune Municipal Corporation, and the Maharashtra Krishna Valley Development Corporation (MKVDC), among others.
The court had previously directed the Irrigation Department to study and report on the demarcation of flood lines in Pune. This study, conducted as per an order from March 27, 2023, highlighted several deficiencies in the previous flood line markings.
The MKVDC filed an additional affidavit, including a report dated January 2, 2024. The report, detailed by Shweta Yogendra Kurhade, Executive Engineer of the Khadakwasla Irrigation Division, underscored critical oversights in the previous flood line demarcations:
Free Catchment Area: The flow from the free catchment area between Khadakwasla Dam and Mula-Mutha Confluence was not considered in the 2011 flood line markings.
MERI Guidelines: The guidelines issued by the Maharashtra Engineering Research Institute (MERI) in 2015 were ignored during the 2011 and 2016 flood line markings.
TERI Action Plan: The Energy and Resources Institute (TERI) in New Delhi prepared a climate change action plan in 2014 for Maharashtra. This plan predicted a 37.5% rise in rainfall around Pune with more frequent cloud burst events. The applicants point out that this prediction was not considered in the demarcation of flood lines.
The report suggested that these factors be considered in a comprehensive review to ensure a more accurate and thorough understanding of flood risks.
The high court bench of Chief Justice Devendra Kumar Upadhyaya
and Justice Amit Borkar emphasized the importance of precise flood line demarcation, particularly in urban areas like Pune. Allowing development in flood zones reduces the flood-carrying capacity of water channels, exacerbating flood risks. Proper demarcation is crucial to mitigate these risks and ensure the safety and habitability of urban areas.
To address these issues, the court has ordered the formation of a five-member Supervisory Committee. This committee will be headed by the Additional Chief Secretary of the Department of Water Resources Development and will include experts from related departments and external agencies of national repute.
The committee is tasked with formulating a plan for a comprehensive review of flood line demarcation in Pune, preparing a blueprint for the review, and determining the necessary human resources. The court has set a timeline for the committee’s formation and the completion of the review:
1. The committee must be formed within two weeks.
2. A blueprint for the review must be finalized within four weeks thereafter.
3. A high-ranking officer, nominated by the Additional Chief Secretary, will file an affidavit detailing the steps taken to comply with the court’s directions.
The PIL petition is scheduled for the next hearing on August 14, 2024. By then, the State Government is expected to file an affidavit detailing compliance with the court’s orders. This affidavit must be served in advance to the petitioners’ counsel and the Pune Municipal Corporation’s counsel.
