The Bombay High Court on Monday directed civic authorities across Maharashtra not to issue Occupancy Certificates (OC) to any structure unless developers fully comply with approved plans and building permissions, and ensure the construction of Sewage Treatment Plants (STPs) for high-rise buildings.
The court also ordered civic authorities to blacklist developers who fail to provide STPs or sewage management for their buildings.
The court passed the order after noting the “enormous magnitude of the human-created problem of dumping sewage into the Ulhas River in Thane district without proper STPs being constructed by builders,” which involved nearly 438 alleged unauthorised structures.
The court was hearing a plea by Badlapur resident Yashwant Anna Bhoir, argued through advocates Avinash Fatangare and Archana Shelar, against constructions by developer A Plus Lifespace inside the Trishul Golden Ville Cooperative Housing Society.
On September 19 last year, the HC formed an improvement committee to provide “guidance for systematic urban development” in Badlapur town in Thane district. The court highlighted the plight of citizens due to the lack of drainage and sewerage facilities in the Kulgaon Badlapur Municipal Council (KBMC) area.
On Monday, a division bench of Justices Ravindra V Ghuge and Abhay J Mantri observed that a compliance affidavit filed by Harishchandra Patil, Additional District Collector, Thane, and a member of the improvement committee, was an “eyewash”.
“We find from the record that the Municipal Council is not able to honour even a single deadline, considering the steps proposed to be taken in the light of the suggestions of the Court-appointed expert… It is tried to be conveyed that the Municipal Council is preparing a road map in view of the suggestions of the High Court Constituted Committee. Until this day, the Municipal Council has not taken any steps worthy of being recognised as steps in the right direction and towards compliance with the directions of this Court,” the bench noted.
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Justice Ghuge said, “The time has come to ensure that officers are made aware that their continued attempt to create an eye wash would assume the character of disobedience of the orders of the Court.”
The court said it would give authorities an opportunity to take quick steps and “long strides” to ensure sewage is no longer pumped into the Ulhas River.
Broadening the scope of the plea, the bench directed all municipal corporations, councils, local authorities, and gram panchayats to conduct a drive to take stock of structures lacking STPs from developers, unless a sewage pipeline is connected to the authorities’ underground drainage system.
It asked local bodies to conduct a survey, prepare a list of errant developers, and “ensure there is a move towards blacklisting builders and construction companies that do not provide STPs or sewage management for their structures.”
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“If we find, in the absence of such a facility, that any OC is granted, we would not only pass an order of blacklisting the Builders/Construction Companies, but we would also initiate action against concerned Officers of the Civic Authorities, who are responsible for issuance of such an OC…We would not hesitate to initiate action against those obstructing the compliances of our orders,” the judges noted in the order.
The bench also directed that the HC-constituted panel be headed by the Thane district collector and meet at least once a fortnight. It asked panel members to remain present in court at the next hearing on January 28.
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