‘Plight beyond control,’ Bombay HC forms improvement panel to turn drainage- deficient Kulgaon-Badlapur into model town like Navi Mumbai

The Court said that the committee to be formed within two weeks shall prepare a blueprint of immediate and long term measures to be taken in public interest so as to make Kulgaon- Badlapur a Model Town on the lines of a well planned city like Navi Mumbai and the other well planned towns in Maharashtra.

The panel which will identify problems related to town planning in the said area will comprise experts in town planning nominated by the Chairman or MD of City and Industrial Development Corporation of Maharashtra Limited (CIDCO) and experts nominated by state Director, Town Planning. Moreover, Additional Collector of Thane, CEO of KBMC, representative nominated by Maharashtra Pollution Control Board (MPCB) and eminent social worker nominated by KBMC will also be part of the committee.

A division bench of Justices Girish S Kulkarni and Arif S Doctor passed a judgement on a plea by one Yashwant Anna Bhoir who argued through advocates Avinash Fatangare and Archana Shelar, objecting to constructions in Badlapur by developer ‘A Plus Lifespace’, where Trishul Golden Ville Cooperative Housing Society is situated.

The court also directed the developer to pay Rs. 10 lakh to the petitioner who was aggrieved by the nuisance created by sewage water drained in his adjoining land belonging to a housing complex. The court asked the developer to take within six weeks measures to prevent sewage being drained onto the petitioner’s land and also imposed Rs.50,000 cost on the Municipal Council to be paid to the petitioner.

The court also raised “great doubt” whether powers vested in Chief Officer or KBMC to take action against unauthorised drains are at all being utilised and said there needs to be ward-wise inspection of all such high rise buildings.

The bench observed that sewage and untreated waste being drained by civic authorities in water bodies such as Ulhas river was “a matter of serious concern” and amounted to “intolerable attack by ‘we the humans’ on such natural resources,” therefore the bench observed that such violations cannot be condoned or tolerated.

The bench added that as per earlier expert’s report, there was a growing need for urban housing in KBMC area due to its proximity with Mumbai, Thane and availability of suburban trains and road transport and now Badlapur has become a “popular suburb.”

The court said authorities were required to ensure “robust town planning measures” to create “ideally planned city” and “not an urban chaos resulting in a haphazard concrete jungle”. It added the pace of development permissions shall match with availability of infrastructure.

The bench further said that disharmony, inappropriate planning and deficient working of facilities including sewer lines, functional sewage treatment plant (STP), solid waste dumping areas “severely affect” fundamental rights of citizens under Constitution and other laws entitling the right to a healthy environment.

This, the bench said, would lead to “nightmare of municipal chaos” and “high degree of urban disorder” causing “innumerable public woes” including serious health problems such as typhoid, malaria, dengue”. ”

Stitch in time is immediate necessity,” the HC noted and disposed of the plea