– A Mahametro sworn affidavit told the HC that the base for artificial tree in Futala ‘cannot be termed a permanent construction’. Experts told the structure weighs at least 400 tonne and is permanent
Nagpur :- Mahametro sank a 25mX10mX5m cage weighing 25 tonne to the Futala lake bed. It was filled with 7,500 concrete slabs weighing 50kg each, or 375 tonne in all. This serves as the base for the artificial banyan tree, which will stand on a platform supported by 24 metal poles, each 5.5m tall. A sworn affidavit by Mahametro officials before the Nagpur bench of Bombay high court last week said this structure “by no stretch of imagination can be termed as permanent construction on the Futala lake”.
TOI had on January 23 reported about the artificial banyan tree project being planned in Futala lake, with preparatory works already started, and material stored on the banks. On June 1, TOI had highlighted that Mahametro kicked-off works on the project and placed fabricated base inside the water right behind the musical fountain.
After hearing a PIL filed by NGO Swacch Association, the HC order dated July 5 mentions a paragraph from Mahametro’s sworn affidavit, “It is submitted that the construction of the fountain and other ancillary activities, including erection of artificial banyan tree behind the fountain, by no stretch of imagination can be termed as permanent construction on the Futala lake. Floating fountain is installed on floating structure and artificial banyan tree is installed with temporary structure and not affixed with tank bed and does not have any permanent construction over the lake area or cannot be termed to be construction activity of permanent nature.”
The HC said in its order the Mahametro statement was not countered, nor was it shown that these activities on a floating platform violate Rule 4 of the Wetlands (Conservation and Management) Rules-2017. Rule 4(vi) prohibits any construction of a permanent nature, except for boat jetties within 50 meters from the mean high flood level.
The HC concluded, “Thus, even proceeding on the basis that the tank is a wetland in the light of National Wetland Inventory and Assessment (NWIA) 2006-07, there is no material to hold that the prohibition imposed under Rule 4(2)(vi) has been breached. We therefore find that a prima facie case for holding that the activities undertaken by MMRCL are in contravention of Rule 4(2)(vi) is not made out.”
TOI spoke to people residing nearby and learnt about the project’s base. Sachin Chauhan told TOI, “I witnessed all the works and also spoke to people working on the project. The iron structure, cement slabs inside it, and the 24 poles on top weigh over 400 tonne in all.”
Work on the platform above water level, and the artificial banyan tree atop it, is under way.
Renowned architect Pradyumna Sahasrabhojanee said the artificial banyan tree is for sure not a temporary construction, and is of a permanent nature. “As per Unified Development Control and Promotion Regulations (UDCPR) implemented by the state government, temporary structure does not exist for over 6-12 months. This project will remain inside the lake on long term basis. The base weighing over 400 tonne on lake bed is not floating, and will not be removed out of the water body after one-hour show daily. It will remain on the tank bed till the entire project costing crores of public money is not dismantled,” he said.
A Mahametro spokesperson refused to comment since the matter is subjudice.
Justices AS Chandurkar and Vrushali Joshi had directed Mahametro and NMC to ensure their activities do not result in any damage to the Futala tank.
Sahasrabhojanee said, “The base occupies 250 sq m of the tank bed. The over 400 tonne weight of the base for sure compressed the bed and it has settled below. Thus, it has for sure caused destruction to lake along with aquatic life, organic life, weeds etc.”
Advocate Avdhesh Kesari said, “Giving false information in an affidavit before honourable court is an offence under IPC as well as a contempt of the court.”
