Yashwant Anna Bhoir vs State Of Maharashtra Through Its ... on 19 September, 2025

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Bombay High Court

Yashwant Anna Bhoir vs State Of Maharashtra Through Its ... on 19 September, 2025

Bench: G. S. Kulkarni

Digitally

2025:BHC-AS:39196-DB
signed by
PRAJAKTA WP7404.DOC
PRAJAKTA SAGAR
SAGAR VARTAK
VARTAK Date:
2025.09.19
16:33:08
+0530

Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7404 OF 2024

Yashwant Anna Bhoir )
Age: 60 years, Occ. Agriculturist )
R/a. Room No. 140, Sonivali Village )
Eranjade, Badlapur (W.) )
District: Thane - 421 503 ) ...Petitioner
Vs.
1. State of Maharashtra )
through its Principal Secretary )
Urban Development Department, )
Mantralaya, Mumbai )

2. The District Collector )
Thane District, having its office )
at Court Naka, Prabhakar Hegde Road, )
Kharkar Ali, Thane (W.), Thane-400601 )

3. The Tahasildar, Thane )
having its office at New Administrative )
Building, 1st Floor, Ambarnath (W.) )
Dist: Thane - 421 501 )

4. The Chief Officer, )
Kulgaon-Badlapur Municipal Council, )
having its address at: Dube Hospital )
st
Building, 1 Floor, Aadarsh Vidya )
Mandir Road, Badlapur Railway Station )
(E.), Kulgaon - 421 503 )

5. A Plus Lifespace )
A partnership firm through its partners )
Pankaj Kumar Shivlal Patel )
Having address at Opp. Trishul Golden )
Ville CHS, Village Sonivali, Badlapur (W)
Tal - Ambarnath, Dist: Thane-421 503 )

6. The Chairman / Secretary )
Trishul Golden Ville CHS, )
Village - Sonivali, Badlapur (W) )
Tal - Ambarnath, Dist: Thane 421 503 ) ...Respondents
__________

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Mr. Avinash Fatangare with Ms. Archana Shelar, for the Petitioner.
Ms. M. P. Thakur, AGP for the State/Respondent Nos.1 to 3.
Mr. Dinesh Adsule, for Respondent No.4.
Mr. Sumedh S. Modak i/b. Mr. Vijay Killedar, for Respondent No.5.
__________

CORAM : G. S. KULKARNI &
ARIF S. DOCTOR, JJ.
RESERVED ON: 14 AUGUST 2025.
PRONOUNCED ON: 19 SEPTEMBER 2025.

Judgment (Per G. S. Kulkarni, J.) :-

1. The judgment has been divided into the following sections to facilitate

analysis:

SECTIONS HEADING PARA NOS.
A Preface 2 to 5
B Prayers 6
C Facts 7 to 17
D Submissions on behalf of the 18
Petitioner
E Submissions on behalf of 19 to 20
Respondents
F Analysis 21 to 48
G Operative Orders 49

A. Preface:-

2. In contemporary times, when expertise in town planning, abundance of

technology in construction of buildings, scientific methods in the development of

civic facilities, by adherence to the highest norms of preserving ecology and

environment are available, would it be an acceptable approach for any planning

authority, howsoever small or big to discard or overlook the essentials of such

civic planning, in granting development permissions and/or in planning new

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towns or new developments. These are seminal issues which are before the Court,

in the present proceedings, which concern an unfortunate and haphazard

development, and state of affairs in one of the most developing suburbs of the

Thane District, namely "the Kulgaon-Badlapur", area under the control and

administration of the "Kulgaon-Badlapur Municipal Council", District-Thane,

(for short, "KBMC"), as the facts would unfold.

3. The petitioner, who is an agriculturist, was constrained to approach this

Court in the present proceedings, being frustrated with the repeated complaints

made to respondent no.4-The Chief Officer, KBMC by a nuisance caused to his

land, by a large construction project namely "Skyline Building" developed by

respondent no.5 (A Plus Lifespace). The petitioner's complaints were that the

entire sewage from this building having 440 occupants, (a high rise construction)

was let out and/or is kept overflowing into the petitioner's adjoining open

agriculture land, creating filth, dirt resulting in the land being rendered wholly

unavailable for any cultivation whatsoever. The reason for such horrendous state

of affairs was a consequence of there being no sewer line or a municipal sewage

system, provided by the municipal council (KBMC), in the absence of such civic

facilities, respondent no.5 provided for such large building a very small /

insufficient "septic-tank", which was left to overflow onto petitioner's agricultural

land. Further over and above this the untreated municipal sewage is being

drained in the adjoining "Ulhas river".

4. It is a matter of serious concern when sewage and/or untreated waste is

drained by the municipal bodies in the water bodes like river and the sea. This

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amounts to an intolerable attack by "we the humans" on such natural resources.

Such violations cannot be condoned.

5. At the threshold, it was difficult to believe that a town which is developing

so rapidly, where possibly hundreds of high rise buildings are coming up, KBMC

has not taken the first basic step of providing sewer lines and only thereafter

granting building permissions, which in our opinion, ought to have been the

most essential requirement of town planning. The materials which have come on

record in the present proceedings, including the reports of the Experts appointed

by the Court, to which we would advert a little later, would not only shock the

conscience of the Court, but certainly becomes a matter of a very urgent concern,

when it pertains to the basic legal rights of the citizens of the expectation of a

clean, pollution free and well planned city with all modern town planning and

civic requirements, being provided by the KBMC. Although the present petition

was filed concerning the petitioner's land, lakhs of citizens in the KBMC

municipal area, need to be thankful to the petitioner, in raising an important

issue, touching the town planning and valuable civic rights of the citizens.

B. Prayers:-

6. On such brief preface, at the outset, the reliefs prayed by the petitioner

need to be noted which read thus:-

"a . That this Hon'ble Court be please to issue a writ, order or
direction in the nature of mandamus or a writ of mandamus or any other
appropriate writ, directing the Respondent no.1 to 4 to take action
against the Respondent no. 5 and 6 and forthwith stop releasing the
drainage water in the agriculture lands including the land of the
petitioner.

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b. That this Hon'ble Court be please to issue a writ, order or
direction in the nature of mandamus or a writ of mandamus or any other
appropriate writ, directing the Respondent no.1 to 4 to cancel the
Occupation Certificate of the Respondent no.5 and 6 and direct to stop
the use of said building no.1 and 2 constructed on the land bearing gut
no. 87/2/B/1 and gut no. 87/2/D at Village Sonivali Taluka Ambarnath
for occupation and residential purpose.
c. That this Hon'ble Court be please to issue a writ, order or
direction in the nature of mandamus or a writ of mandamus or any other
appropriate writ, directing the Respondent no.1 to 4 to take action
against the illegal constructions carried out by the Respondent no.5
while carrying out construction of the buildings on the land bearing gut
no. 87/2/B/1 and gut no.87/2/D at village Sonivali taluka Ambarnath.
d. That this Hon'ble Court be please to issue a writ, order or
direction in the nature of mandamus or a writ of mandamus or any other
appropriate writ, directing the Respondent no.1 and 4 to hold and
conduct an inquiry and take an action against the officer who has issued
the Occupation Certificate.
e. Pending the hearing and final disposal of the present writ
petition the Respondents be directed to stop forth with releasing the
drainage water in open place and agriculture land of the Petitioner.
f. Ad-interim, interim reliefs in terms of prayer clause (e).
g. That this Hon'ble Court be direct the Respondent No. 5 and 6
to pay damages / cost to the Petitioner to the tune of Rs.10,00,000/-
(Rupees Ten Lacs only).
h. And for such other and further orders as the Hon'ble Court may
deem fit & proper.

C. Facts:-

7. In the context of the aforesaid prayers, at the outset we may observe that

by an order dated 24 March 2025 passed by a co-ordinate Bench of this Court,

respondent no.5 ("the developer") was granted an adjournment upto 01 April

2025 to take instructions, qua the reliefs prayed for in prayer clause (g) of the

petition, i.e., on an admitted fact of a nuisance being caused to the petitioner, due

to septic tank over flowing from respondent no.5's project onto the petitioner's

land, and for such reason, the petitioner claiming damages of Rs.10 Lakhs. This

has relevance for the present order, inasmuch as till date, despite a clear order

passed by this Court almost one year and five months back, no statement is made

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before the Court, even after we called upon respondent no.5 to respond to the

said order passed by the co-ordinate Bench.

8. The Supreme Court in Supertech Ltd. vs. Emerald Court Owner Resident

Welfare Association & Ors.1 considered the parameters required to be fulfilled by

the developers in undertaking constructions, and more particularly high rise

construction. It was held that the process of construction as undertaken by the

developers from the commencement to completion is wholly regulated by rules

and regulations. It was held that the regulatory framework encompasses all stages

of construction, including allocation of land, sanctioning of the plans for

construction, regulation of the structural integrity of the structures under

construction, obtaining clearances from different departments (fire, garden,

sewage, etc.) and the issuance of occupation and completion certificates. The

Supreme Court also held that while the availability of housing stock, especially in

metropolitan cities, is necessary to accommodate the constant influx of people, it

has to be balanced with two crucial considerations - the "protection of the

environment" and the well-being and safety of those who occupy those

constructions. It was held that when these regulations are brazenly violated by

the developers, more often than not, with the connivance of regulatory

authorities, it strikes at the very core of urban planning, thereby directly resulting

in an increased harm to the environment and a dilution of safety standards.

Considering such legal position, this Court in its order dated 13 June 2025

observed that the case of the petitioner is of a nuisance being caused on account

1 (2021) 10 SCC 1

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of sewage water being drained onto the petitioner's adjoining land from the high

rise construction undertaken by respondent no.5 which is now the building of a

co-operative housing society, namely, the Trishul Golden Ville CHS (for short,

"the society"). The Court while recording a serious concern, on the issues raised

by the petitioner, appointed "an Expert" so that the realistic conditions and status

at the site is placed before the Court in his report. The relevant observations

made by the Court in its order dated 13 June 2025 read thus:-

"2. The case of the petitioner is of a nuisance created by sewage
water which has been drained in the petitioner's adjoining land from the
construction undertaken by respondent No.5 - "A Plus Lifespace", which
is now stated to be a building, where a Cooperative Society is formed,
namely, the respondent No.6 - Trishul Golden Ville CHS.
3. The petitioner contends that respondent No.5 has failed to
provide any drainage/sewage and has left the same flowing on the land
belonging to the petitioner. It is petitioner's grievance that even
respondent No.4 - The Chief Officer, Kulgaon, Badlapur Municipal
Corporation also has illegally issued an Occupation Certificate without
verifying such basic compliances. It is also the petitioner's case that the
impugned action on the part of these respondents has infringed the
petitioner's valuable rights to property as conferred by the Constitution
under Article 300A as also the petitioner's fundamental rights under
Article 14 and 21.
4. Today, Mr. Killedar, learned counsel for respondent No.5
submits that the Municipal Council has undertaken construction of a
sewerage line, hence, there ought not to be any grievance from the
petitioner. In supporting such contentions, he has drawn our attention to
some photographs. However, from these photographs as relied by Mr.
Killedar, we do not find that there is a full-fledge sewerage mechanism in
operation. Also, it would not be a lawful discharge of its obligations by
respondent No.4 that without verifying the completion of the building
in all respects of which sewerage is an important part to grant
Occupation Certificate to the building in question. In such context, we
may usefully refer to the decision of the Supreme Court in the case of
Supertech Ltd. Vs. Emerald Court Owner Resident Welfare Association
& Ors1. in regard to the commencement to completion of the process of
construction and the importance of sewerage the following observations
as made by the Supreme Court need to be noted:

"160. From commencement to completion, the process of
construction by developers is regulated within the framework of
law. The regulatory framework encompasses all stages of
construction, including allocation of land, sanctioning of the plan
for construction, regulation of the structural integrity of the
structures under construction, obtaining clearances from different

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departments (fire, garden, sewage, etc.), and the issuance of
occupation and completion certificates. While the availability of
housing stock, especially in metropolitan cities, is necessary to
accommodate the constant influx of people, it has to be balanced
with two crucial considerations -- the protection of the
environment and the well-being and safety of those who occupy
these constructions. The regulation of the entire process is
intended to ensure that constructions which will have a severe
negative environmental impact are not sanctioned. Hence, when
these regulations are brazenly violated by developers, more often
than not with the connivance of regulatory authorities, it strikes
at the very core of urban planning, thereby directly resulting in an
increased harm to the environment and a dilution of safety
standards. ....."
(emphasis supplied)

5. In the aforesaid circumstances, we are of the clear opinion that
the present status at the site is required to be placed before the Court. It
is therefore appropriate that an independent Architect/Engineer well
versed on such issues is required to be appointed who would visit the site
and make a report verifying the availability of any sewerage line in
respect of the building as constructed by respondent No.5 and presently
stated to be belonging to respondent No.6. Such expert would also visit
the adjoining land of the petitioner's to examine as to its status in the
light of the petitioner's complaint, and whether any sewerage is drained
from the building of respondent No.6 on the petitioner's land and make
a appropriate report along with photographs to this Court."
(emphasis supplied)

9. In pursuance of the aforesaid order, the Court appointed Expert submitted

his report dated 26 March 2025 titled as "Technical Inspection Report on

verifying the availability of any sewerage line in respect of the building of the

society". An inspection of the site by the petitioner along with his representatives

and the official respondents was arranged on 20 June 2025. A visual survey inter

alia of the following key aspects, was undertaken by the Expert :-

i. Existence and connectivity of sewerage line.

ii. Presence and location of any septic tank or allied disposal system

iii. Overall sanitation infrastructure serving the subject plot.

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10. Accordingly, a report was prepared by the Expert and placed on the record

of this Court. The report records that during the site visit, it was observed that

the petitioner's land as indicated by the petitioner was contaminated with sewage

water. Open channels of drains were found flowing into the said agricultural

land belonging to the petitioner from the neighbouring society. Most

importantly it was observed that the land in question was a low-lying area, which

was located about 1000 meters from the "Ulhas river". It was observed that the

said land fell within the river's flood zone. It was found that there was no

drainage/sewer system in the surrounding areas. It was further observed that

although the society's building was a high rise building having flats for its 457

members, there was no sewer system, as an inadequate septic tank was

constructed by respondent no.5 for want of a municipal sewer line. It is this

septic tank, which was overflowing and causing the sewage to flow into the land

owned by the petitioner. It was also observed that even the septic tank was not

properly constructed and its capacity was wholly insufficient, considering the

density of the residents of the building. The report also observed that the soak

pit constructed by the developer/respondent no.5 was of poor quality,

inappropriately constructed, and/or lacked adequate measures to prevent water

flowing to the adjoining land.

11. Another vital observation made by the Expert is in regard to the need of

the Environmental Clearance (EC) being mandatory, when the construction

exceeds 20,000 square meters. It is observed that considering both the Floor

Space Index (FSI) and Non-Floor Space Index areas, the total constructed area

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could potentially exceed 20,000 square meters and for such reason, an

environmental clearance (EC) not being obtained, was a vital issue. The report

hence observes that, given the situation, neither the KBMC nor the developer/

respondent no.5 had sufficiently addressed the installation of an appropriate

sewerage/drainage system, resulting in the sewage overflowing onto the land

owned by the petitioner. The report also makes a reference to a letter dated 19

January 2024 of respondent no.5-developer addressed to the KBMC, Health

Department, Badlapur wherein respondent no.5 requested the department to de-

sludge the septic tank. It is stated that this letter confirms that the septic tank was

overflowing and not suitable for the density of residents. The report also makes

serious observations that it is questionable whether the planning authority

(KBMC) at all has ensured adequate infrastructure such as drainage and

sewerage, while approving the building plans and whether the availability of such

infrastructure was verified prior to issuance of the Occupation Certificate. The

contents of the Expert's report, which are quite glaring, are required to be noted

which read thus:-

"REPORT VERIFYING THE AVAILABILITY OF ANY SEWERAGE
LINE CONCERNING THE BUILDING CONSTRUCTED BY THE
RESPONDENTS:-

As ordered by the Hon'ble Bombay High Court on June 13, 2025, the
suit property was inspected to verify any sewerage lines related to the
respondents' building. Based on the site visit, analysis, and document
review, I present the following findings.

1. The property is situated at Village Sonivali, Badlapur West,
Taluka Ambarnath, District - Thane, under the jurisdiction of Kulgaon
Badlapur Municipal Council.

2. The documents provided by the parties, including various
permissions, letters, and the Occupation Certificate issued by the
Kulgaon Badlapur Municipal Council, were submitted by the

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respondents and recorded for review.

3. During the site visit, it was observed that the land indicated by
the petitioner is contaminated with wastewater from storm water drain
outlets. Additionally, it was noted that the buildings are adjacent to a
15-meter wide concrete road lacking a sewer line and featuring an
incomplete storm water drainage system. Open channels of drains were
found flowing into neighboring agricultural land. The property in
question is a low-lying plot located approximately 1000 meters from the
Ulhas River. It has been established that this land falls within the river's
flood zone. Photographs showing the drainage/sewer system and
surrounding areas are attached to this report as Exhibit-2.

4. In accordance with the permissions granted by the Kulgaon
Badlapur Municipal Council, it was noted that the
developer/respondent, M/s. A. Plus Lifespaces, constructed Wings A and
B on Plot bearing Gut No. 87/2/B/1, Gut No. 87/2/D, and 87/2/C/2 of
Village Sonivali, Badlapur West, Taluka -Ambarnath, District - Thane,
and obtained the Occupation Certificate. A Co-operative Society has
been established, known as Trishul Golden Ville CHS having
approximately 457 members. The copies of the Occupation Certificates
for Wing A and Wing B are attached to this report as Exhibit-3 and
Exhibit-4, respectively.

5. The developer/respondent has built a septic tank with a capacity
of 72,000 liters as specified in the approved plans, and a soak pit is also
included in the plans. However, it has been noted that the septic tank
may be overflowing causing drainage/sewage to flow onto the land
owned by the complainant/petitioner.

6. It is further observed that the septic tank is not well-constructed,
and its capacity is insufficient as per the density of the building. Also, the
soak pit constructed by the developer/respondent is of poor quality, not
properly constructed, or lacks adequate measures to prevent water from
flowing outside.

7. According to the plans sanctioned by the Kulgaon Badlapur
Municipal Council under reference number 3846-29/2018-19 dated
15/05/2018, the total proposed built-up area is indicated as 15,789.59
square meters. Regarding Environmental Clearance, it is mandatory
when the area exceeds 20,000 square meters. In this instance,
considering both the Floor Space Index (FSI) and Non-Floor Space
Index areas, the total constructed area could potentially exceed 20,000
square meters. If Environmental Clearance had been obtained, such
issues might have been avoided. Therefore, it is necessary to verify the
PSI and Non-FSI areas to determine whether the Kulgaon Badlapur
Municipal Council granted permissions without the requisite
Environmental Clearance. The copies of the Construction Approval for
Wing A and Wing Bare attached to this report as Exhibit-5 and Exhibit-
6, respectively.

8. Given the situation, it has been noted that neither the Kulgaon
Badlapur Municipal Council nor the developer/respondent has
sufficiently addressed the installation of an appropriate

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sewerage/drainage system, resulting in sewage/drainage overflow onto
property complainant/petitioner. Additionally, inadequate supervision
during the construction of the infrastructure was observed during the
site inspection. Moreover, the septic tank's capacity is insufficient relative
to the density of the housing units.

9. As per the letter issued by the developer/respondent dated
19/01/2024, addressed to the Kulgaon Badlapur Municipal Council,
Health Department, Badlapur, the developer/respondent requested the
department to vacate the septic tank. The letter confirms that the septic
tank is overflowing and not suitable for the density of residents. The said
developer/respondents dated 19/01/2024 is attached herewith as
Exhibit-7.

10. In view of the above, it is questionable whether the planning
authority, i.e., Kulgaon Badlapur Municipal Council, ensured adequate
infrastructure such as drainage and sewerage while approving the
building plans and whether the execution of such infrastructure was
verified prior to issuing the Occupation Certificate.

ASSUMPTIONS & LIMITATIONS: -

1. Some of the points mentioned in the report are based on the
documents (photocopies) provided by the clients at the site, which are
presumed to be true and authentic.
2. No legal verification or procedures such as title search, final plot
boundaries, actual demarcation of the plot or flats under reference,
tenure, ownership, legality of the deal, or structural legality have been
undertaken.
3. The report is limited solely to the captioned property and its
surrounding area.
4. Wherever stated that the clients (petitioner or respondents)
have supplied information, such information is believed to be true,
correct, and reliable.

SUMMARY:-
The drainage/sewage line constructed is reported to be incomplete and
partly constructed is of substandard quality. Furthermore, the septic
tank built by the developer/respondent, according to the plan approved
by the Kulgaon Badlapur Municipal Council, is poorly constructed and
insufficient in capacity given the residential density. Consequently, it is
overflowing and discharging onto the petitioner's plot/land. The soak
pit indicated in the approved plans is also not effectively containing the
drainage/sewage, resulting in seepage onto the petitioner's property.
Additionally, a letter from the Chief Officer of Kulgaon Badlapur
Municipal Council addressed to the Secretary/Chairman of Trishul
Golden Ville CHS (Letter No. 566/2023-24 dated 08/12/2023), states:
"As per the Tahsildar Office, Ambarnath, it has been observed that
sewage/drainage from your society is flowing into agricultural land,
creating a risk of disease." This supports the petitioner's assertion that
the sewage/drainage is impacting their land. The said Chief Officer of

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Kulgaon Badlapur Municipal Council's Letter dated 08/12/2023 is
attached herewith as Exibit-8.
Moreover, it is necessary to verify with the Kulgaon Badlapur Municipal
Council.
1. whether the total construction area exceeds the threshold that
requires Environment Clearance. If such clearance had been obtained,
the current issue might have been prevented.
2. Is an impact assessment conducted for converting agricultural
land near the high flood zone of Ulhas River into residential areas?. The
sanctioned Development Plan of the Kulgaon Badlapur Municipal
Council is attached to this report as Exhibit-9."
(emphasis supplied)

12. Considering the Expert's report (supra), this Court passed an order dated

23 June 2025, directing the District Town Planning Officer, Government of

Maharashtra or any equivalent officer from the Directorate of Town Planning,

Government of Maharashtra, to file an affidavit on such serious factual and legal

issues. The Court also directed the respondents to immediately adopt remedial

measures to stop the flow of the sewage/septic tank water onto the petitioners

land, and such measures to be taken, be also set out in the affidavit to be filed by

respondent no.4 in the present proceedings. The relevant extract of the Court's

order dated 23 June 2025 needs to be noted, as it has relevance considering what

has transpired thereafter, reads thus:-

"2. Apart from such large construction being undertaken without a
proper sewerage system and only a small septic tank being provided
which is overflowing, the water flowing on the petitioner's land, what
appears to be also quite disturbing is that the Planning Authority has not
considered the necessity of an environmental clearance for undertaking
such huge construction. The report also observes that an impact
assessment has not been conducted before converting agricultural land
beyond the High Flood Zone of the Ulhas River, into a residential zone.
In this regard, the sanctioned development plan of the Kulgaon,
Badlapur Municipal Corporation is also attached to the report. If what
has been observed in the report is considered to be correct, in our prima
faice opinion, the entire construction would be objectionable and/or
illegal. A scrutiny of such issues is imperative. Let respondent No.4
consider this position, which in our prima facie opinion is quite serious
and place its reply affidavit on record on or before the adjourned date of

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hearing. We also direct the District Town Planning Officer, Government
of Maharashtra on any equivalent officer from the Directorate of Town
Planning, Government of Maharashtra to file an affidavit on the factual
and illegal issues as highlighted by us.

5. In the meantime, we direct the respondents to immediately take
remedial measures to stop the flow of the sewerage / septic tank water
onto the petitioners land and the measures which are so taken, be also
stated and set out in the affidavit of respondent No.4, which be filed in
the present proceedings as directed."

13. On the returnable date i.e. on 08 July 2025, the Court passed a further

detailed order inter alia observing that this was a serious case where the Court

was required to question the "occupation certificate" granted to the construction

undertaken by respondent no.5, without providing for the basic requirements of

linking the sewer outlet of the building to the municipal sewer line (which itself

is not provided) prior to grant of occupation certificate. It was observed that

merely providing a small septic tank for such large residential complex and in the

absence of such compliances, an occupation certificate being granted was

appalling. The Court observed that prima facie, there was a serious non

compliance and/or dereliction of the responsibilities and obligations on the part

of the KBMC in granting an occupation certificate. The Court accordingly

directed that an affidavit be filed by the Chief Officer of the KBMC, which

should also indicate the corrective steps required to be taken either by the KBMC

or the Society or the developer. The Court also observed that in the meantime,

respondent no.5-developer by following the procedure under the rules/law, needs

to take corrective measures, for which the Planning Officer of the KBMC shall

immediately consider such application of the developer and grant appropriate

permissions, so as to prevent further public nuisance. Considering the seriousness

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of the issue of there being no municipal sewer line, this affecting thousands of

people in the KBMC area, the Court also directed the Collector, Thane to visit

and inspect the KBMC area in the light of the grievances made by the petitioner,

and the serious concerns flagged by the Court, and make a report to the Court.

The relevant observations as made in the Court in the order dated 08 July 2025

are required to be noted, which read thus:-

"1 In the light of the serious observations as made in the report of
the Court appointed expert, we direct the Chief officer of the Kulgaon
Badlapur Municipal Council - Respondent No.4 to place an affidavit on
record in regard to the serious concerns which are noted in the said report
dated 23rd June 2025 as placed on record.

2 An affidavit as tendered on behalf of Respondent No.5 is taken
on record.

3 In our opinion, this is a serious case where we need to question
the occupation certificate, which has been granted to this construction
undertaken by respondent no.5 without providing for the basic
requirements of linking the sewer outlet of the building into a sewer line,
and merely providing a small septic tank for such large complex. As to
now respondent no.4 has accepted this to be the fulfillment of the
requirement and proceeded to grant occupation certificate is really
surprising. We, prima facie, find that there is a serious non compliance
and/or dereliction of the responsibilities and obligations on the part of
the municipal council in granting such occupation certificate. We shall
pass appropriate orders after hearing the Chief Officer on affidavit which
be filed on or before the adjourn date.

4 Also in compliance of our order dated 23rd June 2025, an
affidavit on behalf of the State Town Planning Authority would be
required to be placed on record. There shall not be further extension to
place such affidavit on record.

5 The affidavit to be filed on behalf of the Municipal Council
should also indicate the corrective steps which would required to be
taken either by the Municipal Council or the Society or the developer.
We also sound a note of caution in so far as the developer is concerned
that in the event, we find that the developer has not made compliances
under the law, the Court would have no option but to invoke the public
trust doctrine and pass appropriate orders including of exemplary
damages to be paid to the petitioner by the developer.

6 In the meantime the developer by following the procedure under
the rules/law needs to take rectification measures, and the planning
officer of the Municipal Council shall immediately consider such
application and grant appropriate permission so as to prevent further

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public nuisance. We do not find that for rectification of such glaring
illegality and that too on compliance of the sewerage requirements, the
Municipal Council can at all have any objection.

7 Another glaring aspect which as informed to us is, that within
the municipal jurisdiction of Kulgaon Badlapur Municipal Council, there
are no drainage, sewerage facilities provided by Kulgaon Badlapur
Municipal Council resultantly, such waste including from the septic tank
is stated to be discharged in the Ulhas River. There is no sewerage
treatment plant although the municipal population is approximately 5
lacs. This is something which would shock the conscience of the Court.
Such large city not having proper sewerage line as also not having a
sewerage treatment plant, and that the municipal sewerage of all kinds are
being discharged into the river and polluting the river, can never be
tolerated. It is gross abuse of the environment laws.

8 Considering the seriousness of the issue affecting lakhs of
people, we direct the Collector, Thane to visit the municipal area of
Kulgaon Badlapur and inspect the municipal areas in the light of the
grievances which are made by the petitioner and serious concerns which
we have noted hereinabove, and make a report to the Court. We direct
that the Court officer as appointed shall also accompany the Collector
Thane, so that an appropriate report with such technical assistance would
be available.

9 Let such visit take place on 12th July 2025 or 13th July 2025 as
may be convenient to the Collector Thane. Awaiting such report, we
adjourn the proceedings to 17th July 2025, High On Board. The
representatives of the parties who are before the Court are free to
participate when the Collector Thane would visit the site.

10 We also clarify that the visit of the Collector, Thane shall not
confine only to the grievances in regard to the area in question but it shall
be overall observation of the Municipal area and in regard to the issues of
health and hygiene, which certainly would be under the revenue
umbrella of the Collector Thane.

11 At the same time, we permit the developer to gather some
wiseness and make all attempts to restore the health and hygiene, qua the
complaint as made by the petitioner."
(emphasis supplied)

14. In pursuance of the aforesaid order passed by the Court, Shri Ashok

Shingare, Collector, Thane District, visited the KBMC municipal area on 16 July

2025. In regard to the sanitation facilities in the city, as well as the petitioner's

agriculture land being continuously inundated with filth and sewage, the

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Collector has made his report, which was forwarded under his covering letter

addressed to the Deputy Registrar of this Court titled as "Site Inspection Report

of Kulgaon Badlapur Municipal Council". The Collector's report records serious

observations inter alia in regard to the untreated sewage from septic tanks and

soak pits, being discharged onto the agricultural land of the petitioner also by

percolation and underground overflow. Further, most shockingly, the sewage

ultimately is drained into the Ulhas River basin. It is observed that such state of

affairs breaches the Water (Prevention and Control of Pollution) Act 1974, the

Environment Protection Act 1986, the UDCPR Rules and the norms of the

Maharashtra Pollution Control Board. It records a clear violation by respondent

no.5's project and/or serious lapses on the part of the society is complying on

several legal requirements in that regard. The Collector's report observes that the

promoters and developers of the society are liable for appropriate action for such

violation. Also there are some contradictions in the report, which in our opinion,

lacks absolute clarity on the existing situation on the sewerage system actually

operational and as proposed. To appreciate these circumstances, the relevant

contents of the report are required to be noted which read thus:-

"Site Inspection Report of Kulgaon Badlapur Municipal Council regard
to the Hon'ble High Court Appellate Side, (Writ Cell) Writ Petition No.
7404 of 2024 and As per Letter No. W. P. No. 00/06731 of 2025 dated
11.07.2025.

Kulgaon-Badlapur Municipal Council is an 'A' class municipal
council with a total geographical area of 35.68 sq. km. As per the 2011
Census, the population of the city was 1,74,226 which is currently
estimated to have exceeded 3,50,000. The entire water supply for
Kulgaon-Badlapur is provided by Maharashtra Jeevan Pradhkaran
(MJP), which supplies approximately 32.3 milling litres per day (MLD).
On average, the city generates about 26 MLD of sewage daily, out of
which approximately 21.5 MLD is currently being treated.

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In compliance with order issued by the Hon'ble High Court, the
following observations were made with respect to the city's sanitation
infrastructure.

1. Under the Jawaharlal Nehru National Urban Renewal Mission
(JNNURM), the Kulgaon-Badlapur Municipal Council implemented
Sewerage Scheme Phase-1. As part of this project, one Sewage
Treatment Plant (STP) with a treatment capacity of 22 MLD was
constructed at Rameshwadi. Additionally, three pumping stations were
established at Rameshwadi, Hope India, and Hendrepada. A total of 83
km of underground sewer network was laid under this phase. The
Phase-1 sewerage system has been operational since 2016.

2. Apart from the municipal infrastructure, private developers had
also constructed sewage treatment plants at their residential projects with
total capacity of 7.13 MLD within the municipal limits. However, due to
incomplete occupancy in these housing projects, only about 1.5 MLD of
sewage is currently being discharged through these plants.

3. To address the needs of the newly developed and uncovered
areas, the MJP (Maharashtra Jeevan Pradheekaran) has initiated Phase-2
of its sewage disposal scheme under the Central Government-sponsored
AMRUT (Atal Mission for Rejuvenation and Urban Transformation)
Abhiyan. As part of this phase, the flow of sewage from six major drains
entering the Ulhas River has been intercepted. Six pumping stations are
being constructed at 06 locations, work is under progress. In addition,
two new STPs are in construction phase namely at Shirgaon (12 MLD)
and Sonivali (10 MLD). However, since the full implementation of
Phase-2 is expected to be completed by December 2025, a temporary
arrangement has been made using nalla in-situ method and
bioremediation technology to prevent water logging and pollution near
the Ulhas River.

Furthermore, Chief Engineer, Maharashtra Jeevan Pradhikaran,
Thane, has given technical approval for additional works under Suvarn
Jayanti Mahabhiyan (State Level) at an estimated cost of Rs. 316.92
crores. This proposed project includes the construction of 80 km
underground sewer network in the rapidly growing areas of the city in
which area of Trishul Golden Ville CHSL is also covered. A new 18
MLD STP and four sewage pumping stations at Katrap, Katrap
Vidyalaya, Vrudhashram, and Eranjad. The State Level Technical
Committee (SLTC) has approved this project at a total cost of Rs. 303.59
crores but Government approval pending.

Further, petitioner Shri. Yashwant Bhoir agricultural land of
bearing S. No. 88/1, Trishul Golden Ville CHSL and the sewage
disposal path till the Ulhas River was observed. During the said
inspection, the Chief Officer Kulgaon-Badlapur Municipal Council and
his sub-ordinate officers and employees of various departments,
Tehsildar Ambernath and his sub ordinates, petitioner Shri. Bhoir,
officials of Trishul Golden Ville CHSL, developers and promoters of
Trishul Goldn Ville CHSL, etc. were present. The statements of all
concerned parties have been recorded in this regard and a panchanama
has been recorded.

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1. Trishul Golden Ville CHSL situated at Village Sonivali bearing
Survey No. 87/2/8/1 and 87/2/D has two buildings, numbered as 'A'
Wing and 'B' Wing. A Wing has 228 Residential flats and 13 shops for
commercial purpose, while B Wing has a total of 216 Residential flats.
Each wing has its own septic tank as well as soak pit, each having
capacity of 90,000 litres.

2. Agricultural land of Shri. Yashwant Anna Bhoir S. No. as 88/1,
Smt. Kishori Kisan Suroshi S. No. 67/16 & S. No. 87/2 and Shri Ghavat
S. No. 67/17 is a low lying area situated to the south of Trishul Golden
Ville CHSL. Petitioner Shri Yashwant Bhoir' land bearing The
cultivable area is 0.24.30 Ha. R Sq. M. and Pot Kharaba of 0.03.80 Ha.
R Sq.M. and Total area is 0.28.10 Ha.R Sq. M.

3. Trishul Golden Ville is a stand alone project and there are a total
of 444 flats and 13 shops in this society. This project does not have the
Sewerage Treatment Plant (STP). The society neither has connectivity of
underground drainage system for the drainage of sewage.

4. The untreated sewage from septic tanks and soak pits is being
discharged in the agricultural land of the petitioner Mr. Bhoir by
percolation and underground overflow and ultimately into the Ulhas
River basin.

This is not in accordance with the Water (Prevention and Control of
Pollution) Act 1974, the Environment Protection Act 1986, the UDCPR
Rules and the norms of the Maharashtra Pollution Control Board and
prima facie it appears to be a violation.

5. The promoters and developers of Trishul Golden Ville are liable for
appropriate action for the said violation.

6. Also, strict instructions were given to the Chief Officer, Kulgaon
Badlapur Municipal Council to take immediate steps and corrective
measures to ensure that untreated sewage is not discharged into the
Ulhas river basin and also not into the agricultural land of petitioner
Shri. Bhoir.

7. Also, the Chief Officer, Kulgaon Badlapur Municipal Council was
instructed to complete the road side drainage (sewers) work adjacent to
Trishul Golden Ville CHSL on a war footing and the office bearers of
the society were also instructed to take corrective measures immediately.

8. Also, the Chief Officer, Kulgaon Badlapur Municipal Council was
instructed to take persistent follow up of setting up a sewage treatment
plant at Trishul Golden Ville CHSL with the promoters, developers and
office bearers of the said society and to take the appropriate action
against the person / employee /officer involved in the issuance of the
Occupation Certificate without following Rules & Regulations.
9. Also, directed the officers of the Maharashtra Pollution Control Board
to take all measures to prevent and control any untreated sewage
discharge into the Ulhas river basin as per the norms of the Maharashtra

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Pollution Control Board."
(emphasis supplied)

15. The aforesaid report of the Collector, Thane, is also based on the

statements of different persons as recorded by the Collector namely statements of

the petitioner, the Chairman and Secretary of the Society, of the developer, of the

Water Supply Officer, of the town planner and the Chief Officer of the KBMC

and other persons who had attended the site inspection and who were signatories

to the panchanama. Such inspection of the site and the municipal area by the

Collector, Thane, was a joint inspection along with the Expert appointed by the

Court, who also as directed has prepared an independent report on such larger

issues flagged by us, affecting the ecology and more significantly the sewage

being drained into Ulhas river on account of there being no functional sewer

system in the KBMC area.

16. The report of the Court appointed Expert is dated 6 August 2025 which is

titled as "Addressing the Absence of infrastructure in Badlapur: A Report on

Solutions for a Growing City". We may at the outset observe that this report is an

"eye opener" depicting the sad plight of the chaos in town planning in the KBMC

area. Such report, under various heads, inter alia sets out the historical

background and the serenity of the place, it records that currently majority of the

residences in Badlapur lack access to a "centralized sewage system", as a result of

which, it is stated that improper waste disposal is rampant inter alia leading to the

contamination of water bodies, soil pollution, and increased disease transmission.

It also records that inadequate sewage infrastructure has also produced offensive

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odours, contributed to pest infestations, which have diminished the urban

aesthetic. It also observes that the discharge of sewage into the Ulhas River

presents considerable risks and impact on the aquatic ecosystem and the broader

environment. The report also highlights the health implications, environmental

impact, problems faced by residents, farmers and farmhouses. It also sets out

"solution proposals" under 20 different heads, namely, immediate solution,

strategic, long-term solutions etc. The contents of the said report are significant

which need to form part of this order, failing which our experience shows such

report simply remains buried in the Court record. The report of the Expert reads

thus:-

"TECHNICAL REPORT

Introduction:

Badlapur, situated in Maharashtra's Thane district, is a city
experiencing significant development and urbanization. Renowned for
its historical significance and cultural heritage, Badlapur provides a
blend of traditional and contemporary attractions for residents and
visitors.

The city is surrounded by verdant landscapes and natural beauty,
attracting nature enthusiasts and outdoor aficionados. Opportunities for
hiking, trekking, and birdwatching are available amid Badlapur's scenic
surroundings.

Several important historical sites and landmarks are located in
Badlapur, reflecting its rich past. Notable among these are the Badlapur
Ganesh Temple and the Kondeshwar Temple-both prominent religious
destinations for locals and tourists.

In addition to its natural and historical features, Badlapur has an
active local market where visitors can purchase traditional handicrafts,
textiles, and regional delicacies. The town's lively streets provide insight
into everyday life and offer opportunities to experience the local cuisine.
Collectively, Badlapur presents a distinctive combination of history,
culture, and natural appeal for those visiting or residing in the city.
However, with a growing population, there is an increasing
demand for essential infrastructure. A key concern is the insufficient

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sewerage system, which poses environmental and public health risks and
adversely affects living standards for residents.
This report aims to provide an analysis of the current sewer
infrastructure challenges and offer recommendations for addressing the
shortage of sewer lines in Badlapur, as guided by the Honourable
Bombay High Court's directives.
Current Situation:
Badlapur is a small town located in Maharashtra, India, through
which a river flows, contributing significantly to the region's landscape
and livelihood. The river adjacent to Badlapur, identified as the Ulhas
River, is integral to the town's ecosystem and sustenance. It holds both
environmental and social value, merging natural features with daily life
and contributing to the well-being of the community.
The river serves as a critical water source for agriculture and
supports the economic activities of many local residents.
The river enhances the tranquility of Badlapur's environment as
it meanders through the town. Its verdant banks, adorned with
wildflowers and mature trees, create a scenic setting. The gentle sound of
flowing water fosters a peaceful atmosphere, making the riverbanks a
favoured destination for relaxation among community members.
Local fishermen rely on the river for their livelihoods, regularly
casting nets in hope of ample catches. Children are frequently seen
playing by the river, while families utilize its banks for picnics, benefiting
from the refreshing breezes and natural beauty. The river also provides
an opportunity for community engagement and recreation.
During the monsoon, the river's volume increases substantially,
transforming its character and facilitating the transfer of nutrients and
sediment downstream. This seasonal change brings about ecological
renewal, resulting in lush vegetation growth along the river and
surrounding areas.
Currently, the majority of residences in Badlapur lack access to a
centralized sewage system. As a result, improper waste disposal is
common, leading to the contamination of water bodies, soil pollution,
and increased disease transmission. Inadequate sewage infrastructure has
also produced offensive odours, contributed to pest infestations, and
diminished the urban aesthetic.
The discharge of sewage into the Ulhas River presents
considerable risks to the aquatic ecosystem and the broader
environment. Key potential impacts include:
1. Water contamination: Sewage introduces pathogens, harmful
bacteria, and chemicals that compromise water quality. Such
contamination can have detrimental effects on aquatic species and
render the water unsuitable for human consumption or recreational
purposes.
2. Eutrophication: Excessive nutrients from sewage effluent may
trigger algal blooms, leading to oxygen depletion in the water. These
conditions can threaten fish populations and reduce overall biodiversity
within the river system.
3. Habitat degradation: Pollution from sewage can damage habitats

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along the Ulhas River, negatively impacting flora and fauna dependent
on these environments. Disruptions in these ecosystems result in
biodiversity loss and affect ecological stability.
4. Health risks: Direct exposure to contaminated river water
heightens the risk of waterborne illnesses, skin infections, and other
health concerns. Preventing contact with polluted water is therefore
essential to protect public health.
The absence of a comprehensive sewer network in Badlapur has
led to several adverse outcomes for both the city and its residents.
Ineffective management of wastewater and solid waste undermines
environmental quality and poses significant public health risks, such as
pollution of water sources, higher rates of communicable diseases, and
ecological decline. Furthermore, insufficient sewage facilities hinder
progress toward sustainable urban development.
Health Implications:
The lack of an effective sewage system exposes Badlapur's population to
elevated health risks. Unsanitary waste disposal contaminates water
supplies, propagating diseases like cholera, typhoid, and gastroenteritis.
Proximity to untreated sewage also increases the prevalence of
respiratory and skin conditions among residents.
Environmental Impact:
Environmental consequences include the pollution of surface and
groundwater resources, harm to aquatic ecosystems, and long-term soil
degradation, which can adversely affect agricultural productivity and
contribute to persistent environmental challenges.
Problems Faced by Residents:
The absence of formal waste management systems compels households
to depend on septic tanks or open drains, both of which pose hygienic
and environmental risks. Overflow during periods of heavy rainfall can
lead to flooding and exacerbate health hazards. Additionally, the
accumulation of refuse in residential zones further intensifies sanitation
problems.

Problems faced by farmers and farmhouses
It's observed that sewage is passed into agricultural land, it can have
various negative effects on both the environment and human health.
Here are some potential consequences of this pollution:
1. Contamination of Soil: Sewage contains harmful pathogens,
chemicals, and heavy metals that can contaminate the soil. This
contamination can reduce soil fertility, inhibit plant growth, and affect
the quality of crops grown on the land.
2. Groundwater Contamination: Sewage can seep through the soil and
contaminate groundwater sources, which can affect the drinking water
quality for nearby communities. This pollution can lead to waterborne
diseases and other health issues.
3. Crop Contamination: Crops grown in sewage-contaminated soil can
absorb pollutants, chemicals, and pathogens from the sewage, making
them unsafe for consumption. This can pose serious health risks to

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people who consume these contaminated crops.
4. Environmental Impact: Sewage pollution in agricultural land can
harm local ecosystems by disrupting the balance of nutrients and
introducing toxic substances. This can affect wildlife, aquatic systems,
and other natural habitats in the area.
5. Economic Losses: Farmers who depend on agricultural land for their
livelihood may suffer economic losses due to decreased crop yields,
reduced soil productivity, and damaged crops. This pollution can impact
the agricultural sector and local food supply.
Solution Proposals:
A. Immediate solution:
1. Establish a regular maintenance schedule for existing sewage disposal
systems to maintain proper operation.
2. Supply temporary portable toilets for residents and workers in
buildings lacking sewage disposal systems.
3. Provide education and training programs on appropriate waste
disposal and sanitation procedures.
4. Form a task force to address emergency situations involving sewage
backups and overflows.
5. Work with local organizations and authorities to implement solutions
such as community septic tanks or temporary sewage treatment plants.
6. Install temporary portable septic tanks in buildings without sewage
disposal systems to manage wastewater.

7. Schedule regular maintenance to ensure the effective functioning of
the temporary septic tanks.
8. Initiate a community awareness campaign to inform residents about
correct waste disposal practices to reduce strain on existing sewage
systems.
9. Coordinate with local authorities to create designated collection
points for waste that cannot be handled by temporary septic tanks.
10. It is important to take immediate action to prevent sewage pollution
in agricultural land. This may involve implementing better sewage
treatment practices, enforcing regulations to avoid illegal discharge,
promoting sustainable farming practices, and raising awareness about the
impacts of sewage pollution on agriculture and public health.
Collaboration between local communities, government authorities, and
environmental agencies is crucial to mitigate the effects of sewage
pollution on agricultural land in Badlapur.
B. Strategic, Long-Term Solutions:
1. Comprehensive Sewer System:
Implement a city-wide sewer system in Badlapur with primary
lines, secondary distribution, and connections for all properties. Ensure
the design meets present and future demands and is environmentally
sustainable.
2. Sustainable Wastewater Treatment:

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Build advanced wastewater treatment plants to process sewage,
meet water quality standards, and recycle water for non-potable uses like
irrigation.
3. Public Awareness:
Launch outreach programs to educate residents about sanitation,
efficient water use, and the benefits of a working sewer system,
collaborating with schools and local groups.
4. Stakeholder Partnerships:
Coordinate among government, private sector, and communities
to develop, finance, and manage the sewer infrastructure through public-
private partnerships and integrated planning.
5. Integrated Sewage Network:
Establish a modern sewage network with treatment facilities,
underground lines, and regular maintenance for optimal performance.
6. Community Education:
Educate citizens on effective waste management and the harm of
improper sewage disposal through campaigns and workshops.
7. Agency Collaboration:
Work with agencies, professionals, and environmental groups to
secure funding and expertise for long-term sewage improvements.
8. Monitoring and Maintenance:
Set up regular inspections, cleaning, and repairs to keep the
sewage system functional.

9. Ulhas River Protection:
Prevent sewage pollution in the Ulhas River through treatment,
proper management, and community education to protect the ecosystem
and local health.
10. City-Wide Sewage Disposal Strategy:
Develop a city-wide strategy for sewage disposal in all buildings.
11. Resource Allocation for Infrastructure
Allocate resources for constructing treatment plants and
pipelines.
12. Enforcement of Building Codes
Enforce building codes requiring adequate sewage systems in
new developments.
13. Incentives for Retrofitting
Provide incentives for retrofitting existing structures with
compliant systems.
14. Partnerships for Funding
Partner with government, NGOs, and private stakeholders for
funding and resources.
15. Ongoing Compliance Inspections
Conduct ongoing inspections to ensure compliance with sewage

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regulations.
16. Centralized Sewage Network Planning
Plan for a centralized sewage network for all Badlapur buildings.
17. Feasibility Study for City-Wide Initiative
Assess costs and needs for a city-wide sewage initiative via a
detailed feasibility study.
18. Maintenance of Sewage Network
Maintain regular inspection and maintenance for the sewage
network.
19. Environmental Clearances

Secure environmental clearance for projects over 20,000 sq.
meters.

20. Strict Waste Management Regulations

Enforce strict waste management regulations and penalties to
ensure sustainability.
Conclusion:
In summary, the lack of sewer lines presents challenges for the expanding
city of Badlapur, with implications for environmental and public health.
Implementing the recommendations in this report such as developing a
comprehensive sewer system, establishing wastewater treatment facilities,
promoting public awareness, and encouraging cooperation between
government and private entities may help to address these concerns.
Timely action in line with Hon'ble Bombay High Court directives could
support sustainable and healthy conditions for Badlapur residents.
The absence of a sewage system in Badlapur is an issue that
necessitates attention and intervention. Steps including the development
of a comprehensive sewage infrastructure, conducting public awareness
programs, collaborating with government agencies, and carrying out
regular monitoring are suggested approaches to address this situation and
enhance living standards in Badlapur.
This report is provided for consideration with the expectation
that relevant steps will be evaluated to address the sewage system
situation in Badlapur."

17. Having noted the glaring observations made in the report of the Court

appointed Expert, at this juncture, we also need to comment that the

photographs taken during the visit/inspection of the different sites also reveal a

disturbing state of affairs and several worrisome issues affecting the public at large

crop up. To name a few, there is sewage water surrounding several newly

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constructed buildings, further drainage water at several places flowing into the

Ulhas river, which is a major river, which not only caters to the drinking water

requirements, but also to large fishing activities undertaken by the fishermen

settlements. Hence, any contamination of the river water from the municipal

sewer and that too of such densely populated municipal area, as revealed by the

photographs, is beyond one's imagination. It is a gross illegality looked from any

angle.

D. Submissions on behalf of the Petitioner:-
18. On the aforesaid backdrop, when the proceedings were made returnable

on 11 August 2025, the parties were granted an opportunity to examine both the

reports and make their submissions before the Court, on the adjourned date (14

August 2025). Accordingly on 14 August 2025, learned counsel for the

petitioner has made extensive submissions. He would submit that this is a clear

case of not only the most valuable fundamental rights guaranteed under Articles

14 and 21of the Constitution but also the right to property guaranteed to the

petitioner under Article 300-A of the Constitution of India being brazenly

violated on several counts, on account of the municipal sewage from respondent

no.5's project/society, being drained onto the petitioner's land rendering the

petitioner's land of no utility whatsoever. He submits that the land in question is

the agricultural land and the petitioner in such circumstances has lost the utility

of the land, and consequently the petitioner has severely suffered monetarily.

Hence it is submitted that the petitioner has made a prayer that compensation be

granted to him of an amount of Rs.10 Lacks, which is submitted to be wholly

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justified. It is his submission that in this regard, not only the developer/

respondent, but also the society and the KBMC are responsible to compensate

the petitioner, on the basis of the polluter pays principle. Learned counsel for the

petitioner in supporting his submissions has drawn our attention to the report of

the Collector as also the report of the expert, which we have noted hereinabove,

to submit that this is a case of admitted grave lapses on the part of the KBMC, as

also of the developer in bringing about such situation of extreme public nuisance,

grossly affecting the rights of the petitioner as also of the citizens at large. It is

also his submission that the manner in which the KBMC is neglecting such basic

planning requirements in not providing appropriate sewage facilities, sewage

system plans, scientific process of the sewage and preventing contamination of

Ulhas river are major issues which are highlighted in the report of the Expert. It

is submitted that they are required to be urgently attended, so that not only the

ecology and environment is preserved, but also to prevent rights of the citizens

being taken away, by lack of such planning initiatives. It is also his submission

that till such basic facilities are provided by the KBMC, building permissions

ought not to be granted by the KBMC. Also several projects, which would add to

such environment pollution, brings about the need that occupation certificates

ought not to be granted by the KBMC. It is submitted that if such drastic steps

are not taken, it would add to further chaos on such issues. In supporting his

submissions on the open water pollution of the Ulhas river, learned counsel for

the petitioner has relied on the provisions of Sections 47, 48-A and Articles 51-A

of the Constitution of India, as also on the provisions of the Water (Prevention

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and Control of Pollution) Act 1974, and more particularly provisions of Sections

24, 25, 26, 33-A, 43, 44, 45-A, 45-D and 45-E. He also refers to the

implications which are brought about by Sections 3, 4 and 5 of the Environment

Protection Act 1986. In supporting his submissions on the preservation of

ecology, environment and the polluter pays principle, reliance is placed on the

decisions of the Supreme Court in M. C. Mehta vs. Union of India & Ors.2,

Vellore Citizens' Welfare Forum vs. Union of India & Ors. 3, A. P. Pollution

Control Board vs. Prof. M. V. Nayudu (Retd.) & Ors. 4 and Vellore District

Environment Monitoring Committee rep. By its Secretary Mr. R. Rajebdran vs.

District Collector, Vellore District & Ors. 5. Also reliance is placed on the

decision of M.C. Mehta vs. Kamal Nath & Others 6 to support the petitioner's

case on entitlement to receive damages.

E. Submissions on behalf of the Respondents:-

19. On the other hand, Mr. Adsule, learned counsel for respondent no.4/

KBMC referring to the reply affidavit has submitted that all effective steps are

being taken by the KBMC on the issues highlighted in the two reports (supra)

albeit the Chief Officer of the KBMC, not denying the fact situation depicted in

the report of the Collector, as also in the report of the Expert. From the

submissions of Mr. Adsule, it also appears that unfortunately the Chief Officer

has taken an adversarial position in trying to justify, gross dereliction of the

2 (1987) 4 Supreme Court Cases 463
3 (1996) 5 Supreme Court Cases 647
4 (1999) 2 Supreme Court Cases 718
5 2025 SCC OnLine SC 207
6 (2000) 6 Supreme Court Cases 213

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mandatory obligations on the part of the KBMC in its obligation of providing the

civic facilities and adhering to the pollution norms. Mr. Adsule submits that the

affidavit sets out the steps being taken under the different schemes which are now

available citing "the Amrut Mission" scheme of the Central Government

whereunder the waste water flowing through 6 nallahs was diverted to three

pumping stations under the new project-2. It is stated that at Shrigaon and

Sonivali, work of Twelve and Ten Million Liter (per day) sewerage treatment

plant "is in progress", which is likely to be completed in December 2025 and till

then, as a temporary measure, the waste water flowing through the Nallahs before

being drained into the Ulhas river is treated by the KBMC using the 'Nalla insitu

method' and the Bioremediation technology on the sewage/waste water, is being

deployed.

20. Learned counsel for respondent no.5 - developer has made submissions

drawing our attention to the correspondence as exchanged between respondent

no.5 and the Chief Officer of the KBMC to submit that in July 2025 respondent

No.5 had made a request to the KBMC for NOC and permission to construct

compound wall below ground level, to prevent possible seepage of sewer water

from its project/society's plot, to the petitioner's land. It is submitted that these

applications are dated 27 June 2025, 07 July 2025 and 08 July 2025. It is

submitted that accordingly respondent no.5 is ready and willing to rectify the

problems faced by the petitioner, due to the drain/seepage of sewage water from

respondent no.5's project to the petitioner's land. It is also his submission that in

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this regard, the society (respondent no.6) needs to cooperate and ought not to

create hurdles. Learned counsel for respondent no.5 has fairly not disputed the

fact situation which has come on record under the report of the Collector as also

two reports of the expert as appointed by the Court.

F. Analysis:-

21. On such conspectus, we have heard learned Counsel for the parties, we

have also perused the record, the report of the Collector as also two reports of the

Court appointed Expert.

22. At the outset, we may observe that the present proceedings highlight a

very dismal state of affairs in regard to lack of urban planning in one of the fastest

growing suburb of Thane district namely at Kulgaon-Badlapur.

23. It is clearly not in dispute that an appropriate or a well planned and a

robust sewage system, is not available within the municipal area of the KBMC. In

the absence of such basic planning requirements of providing of sewage lines and

adequate Sewerage Treatment Plants (STPs), many of which are not functional,

large building permissions are granted by the KBMC, that too, to construct high

rise buildings. By no standard, a high rise building of 440 occupants, as in the

present case, can be considered to be a small project being permitted to be

occupied without a municipal sewer line.

24. As seen from the report dated 6 August 2025 of the Court appointed

Expert, Badlapur is experiencing significant development and urbanization.

Historically it is a prominent town, it has a significant cultural heritage. It

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provides a blend of traditional and contemporary attractions to the residents and

visitors. The town is surrounded by verdant landscapes and natural beauty,

attracting nature enthusiasts and outdoor aficionados. It has a major river namely

the Ulhas River, which is integral to the town's ecosystem and sustenance. It

holds both environmental and social importance, merging natural features with

daily life and contributing to the well-being of the community. The river is an

important water source for agriculture and supports the economic activities of

many local residents. It enhances the tranquility of Badlapur's environment as it

meanders through the town. The local fishermen are dependent on the river for

their livelihoods, regularly casting their nets in hope of ample hauls. It is

observed that during the monsoons, the river's volume increases substantially,

transforming its character and facilitating the transfer of minerals and sediment

downstream. With such rich cultural and natural heritage, can a developing town

at all be deprived of the benefits of scientific and urban planning is the question,

this more particularly when the municipal sewage is being drained into the river.

25. On such conspectus, the Expert's reports observe that currently, the

majority of residences in Badlapur lack access to a centralized sewage system and

consequent thereto, a scenario of improper waste disposal is what is prevalent,

leading to the contamination of water bodies, soil pollution, and increased disease

transmission. This has also lead to offensive odours, contributing to pest

infestations, and diminishing the urban aesthetic. The Expert's report has also

observed that the discharge of sewage into the Ulhas River presents considerable

risks to the aquatic ecosystem and the broader environment of which the key

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potential impacts include water contamination, eutrophication, habitat

degradation and numerous health risks. Significantly, the problems which are

faced by the respondents in the absence of formal waste management systems

have compelled households to depend on septic tanks or open drains, both of

which pose hygienic and environmental risks. More particularly, during periods

of heavy rainfall, overflow leads to flooding and exacerbates health hazards.

Additionally, there is an accumulation of filth and refuse in the residential zones

which has intensified sanitation problems. The Expert has also highlighted the

problems faced by the farmers and farmhouses, namely of soil contamination by

the sewage which contains harmful pathogens, chemicals, and heavy metals

which get absorbed in the soil, resulting in reduced soil fertility, inhibit plant

growth, and affect the quality of crops grown on the land. The groundwater

contamination is one of the major ill effects, as sewage can seep through the soil

contaminating groundwater sources, which can affect the drinking water quality

for the nearby communities, leading to several health issues. Also crop

contamination is one of the immediate issues, as when crops are grown in sewage-

contaminated soil, they can absorb pollutants, chemicals, and pathogens from the

sewage, making them unsafe for consumption. This can pose serious health risks

to the persons who consume such contaminated crops. Further the

environmental impact as created by sewage pollution in agricultural land can

harm local ecosystems by disrupting the balance of nutrients and introducing

toxic substances, and this would have an adverse impact on wildlife, aquatic

systems, and other natural habitats in the area, leading to farmers suffering

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economic losses which would adversely affect their livelihood, due to decreased

crop yields, reduced soil productivity and damaged crops. These are some of the

major issues which are required to be urgently addressed by the KBMC.

26. In regard to such concerns which affect the public at large, the learned

Expert has provided immediate solutions under the heading "strategic long term

solutions", which are almost twenty in number as noted hereinabove. At the bar,

it is not in dispute that all such remedial measures need to be forthwith adopted

by the KBMC. Considering the aforesaid situation, our immediate concern and

anxiety is not only to the serious prejudice which is caused to the petitioner but

also to the thousands of persons who are similarly situated and who have become

victims of such abysmal town planning, namely there being no sewerage system

and/or non functional sewage treatment plants, coupled with total lack of

attention to the environment and ecology.

27. We find that in enacting the "Maharashtra Municipal Councils Nagar

Panchayats and Industrial Townships Act, 1965", the legislature has made robust

provisions, which are required to be scrupulously followed by the KBMC in

undertaking various town planning measures. Most significantly there are

provisions dealing with providing of drainage and disposal of sewage. A

reference to the following provisions would make the position crystal clear in

regard to the various obligations of the KBMC:-

"Section 2 Definitions:
Section 2 (10) "drain" includes a sewer, tunnel, pipe, ditch, gutter or
channel and any cistern flush tank, septic tank, or other device for
carrying off or treating sewage, offensive matter, polluted water, sullage,

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waste water, rain water or sub-soil water and any culvert, ventilation
shaft or pipe or other appliance or fitting connected therewith, and any
electors, compressed air main, sealed sewage mains and special
machinery and apparatus for raising, collecting, expelling or removing
sewage or offensive matter from any place;
.........

190. Powers of Chief Officer and Council to refuse permission. --
(1) When a person has given notice to the Chief Officer under sub-
section (2) of the last preceding section in regard to his intention to
construct a building, it shall be lawful to the Chief Officer to refuse the
permission applied for--
(i) if the Council passes a resolution proposing to acquire the land on
which the building is proposed to be constructed; or
(ii) if the proposed construction would contravene the provisions of this
Act, or any other law for the time being in force or any schemes, rules,
by-laws or other orders under this Act or any other law for the time
being in force; or
(iii) if the notice under sub-section (2) of the last preceding section is not
in accordance with the provisions of that sub-section or is not
accompanied by the information and documents required by that sub-
section or if the person giving such notice fails to furnish all the
information and documents required under sub-section (3) of that
section; or
(iv) if no plan has been prepared for the laying out of streets for the area
in which the building is to be constructed; or
(v) if there is no adequate provision for access to the building; or
(vi) if the proposed construction be an encroachment on Government or
municipal land; or
(vii) for any other reasons to be recorded in writing, which may be
deemed sufficient by the Chief Officer. Where the permission applied
for is refused the decision taken and reasons therefor shall be
communicated to the applicant.

(2) Refusal under clause (i) of sub-section (1) shall be subject to the
following conditions :--
(a) if the property is acquired and no agreement is arrived at as regards
the amount of compensation payable to the person giving notice under
sub-section (2) of the last preceding section, the same shall be
determined in accordance with the provisions of section 330 regard
being had to the likely benefit, which would have accrued to such
person, if the permission had not been refused;
(b) if within a period of six months from the date of the resolution of the
Council proposing to acquire the land, the land is not acquired by the
Council by agreement upon payment, or if within such period, an
application has not been made to the Collector for the institution of
proceedings for compulsory acquisition under the provisions of the
1Land Acquisition Act, 1894 (I of 1894), or if the Council abandons the
proposal to acquire the land, the notice given under sub-section (2) of
the last preceding section shall be deemed to have been revived with
effect from the date on which the said period of six months expires, or
with effect from the date on which the decision of the Council to
abandon the proposal is arrived at, as the case may be. Such decision
shall be communicated to the person giving notice, within fifteen days

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from the date of the decision; and the notice shall be dealt with as if the
Council had not passed a resolution to acquire the land. The Council
shall be liable to pay compensation to the said person in respect of the
loss which he may prove to have incurred by reason of the Council's
refusal to grant the permission:
Provided that, the Council shall not be liable to pay
compensation if the notice under sub-section (2) of the last preceding
section is given subsequent the passing of the resolution by the Council
to acquire the land.

191. Level of buildings. -- After the appointed day, no building shall be
constructed upon a lower level than will allow of the drainage thereof
being led into some public sewer or drain either then existing or
projected by the Council, or into some stream or river or into the sea or
some cesspool or other suitable place which may be approved of by the
Chief Officer.

193. Completion certificate, permission to occupy or use.--
(1) Every person constructing a building shall, within one month
after the completion of construction of such building, deliver or send or
cause to be delivered or sent to the Chief Officer at his office, notice in
writing of such completion and shall give to the Chief Officer all
necessary facilities for inspection of such building:

Provided that, --
(a) such inspection shall be commenced within seven days from the
date of receipt of the notice of completion; and
(b) the Chief Officer may, not later than one month from the date of
receipt of the notice of completion, by written intimation addressed to
the person from whom the notice of completion was received,--
(i) give permission for the occupation of such building or for the
use of the building or part thereof affected by such construction; or
(ii) refuse such permission in case such building has been
constructed so as to contravene any provision of this Act or of any by-
law made under this Act at the time in force or of any order passed
under section 189 intimating to the person who gave the notice under
sub-section (2) of that section, the reasons for such refusal and requiring
such person, or if the person responsible for giving notice under sub-
section (2) of the said section is not at the time of such notice owner of
such building then such owner to cause anything which is contrary to
any provision of this Act or of any by-law made under this Act at the
time in force or of any order passed under section 189 to be amended or
to do anything which by any such provision or by-law or order he is
required to do but which has been omitted.

(2) No person shall occupy or permit to be occupied or use or
permit to be used any such building constructed or part thereof affected
by such construction, until,--
(a) the permission referred to in proviso (b) to sub-section (1) has
been received, or
(b) the Chief Officer has failed for one month after the receipt of the
notice of completion to intimate as aforesaid his refusal of the said
permission.

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(3) Whoever--
(a) occupies or permits to be occupied any such building or part
thereof affected by such construction without giving any notice as
required under sub-section (1) or in contravention of the provisions of
sub-section (2); or
(b) fails to comply with any order or requisition made under sub-
section (1) shall, on conviction, be punished with fine which may extend
to [five thousand rupees], and in the case of continuing contravention or
non-compliance with further fine which may extend to [two hundred
and fifty rupees] for every day after first during which such
contravention or non-compliance continues.

200. Municipal control over drainage.-- (1) All drains, sewers, privies,
water closets, house-gullies, gutters and cesspools within the municipal
area shall be under the survey and control of the Council. (2) All covered
drains, sewers and cesspools, whether public or private, shall be provided
by the Council or other persons to whom they severally belong with
proper traps, coverings or other means of ventilation; and the Chief
Officer may by written notice call upon the owner of any such covered
drains, sewers and cesspools to make provision accordingly.

201. Power of making and repairing drains.-- (1) It shall be lawful for a
Council for any drainage purposes to carry any drain, conduit, tunnel,
culvert, pipe or watercourse through, across or under any street or any
place laid out as or intended for a street, or under any cellar or vault
which may be under any street, and, after giving reasonable notice in
writing to the owner or occupier, into, through or under any land
whatsoever within the municipal area.

(2) The Council, or any person acting under its authority, may
construct a new drain in the place or an existing drain in any land
wherein any drain vested in the Council has been already constructed, or
repair or alter any drain vested in the Council.

(3) The Council may also erect upon any premises or land or affix to
the outside of any building or structure or to any tree, any such shaft or
pipe as it may deem necessary for the proper ventilation of the municipal
drains, and such shaft or pipe shall be carried to a height of not less than
six feet above the highest part of the adjacent house and erected so as not
to cause any nuisance or inconvenience to the occupants of the building
to which such shaft or pipe has been affixed or of any other building in
the neighbourhood or to the public.

(4) In exercise of any power under sub-sections (1), (2) and (3), no
unnecessary damage shall be done, and compensation, which shall, in
case of dispute, be ascertained and determined in the manner provided
in section 330 shall be paid by the Council to any person who sustains
damage by the exercise of such power.

(5) The Council may discontinue, close up or destroy any municipal
drain which has, in the opinion of the Council, become useless or
unnecessary or prohibit the use of any such drain either entirely or for

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the purpose of foul water drainage or the purpose of surface drainage:

Provided that, if by reason of anything done under this section
any person is deprived of the lawful use of any drain, the Council shall,
as soon as may be, provide for his use some other drain as effectual as the
one which has been discontinued, closed up or destroyed or the use of
which has been prohibited.

202. Power to require sufficient drainage of houses. --
(1) If any building or land be at any time undrained, or not drained to
the satisfaction of the Chief Officer, the Chief Officer, subject to [the
control of the President,] may by written notice call upon the owner to
construct or lay from such building or land a drain or pipe of such size
and materials, at such level, and with such fall as he may think necessary
for the drainage of such building or land into--
(a) some drain or sewer, if there be a suitable drain or sewer within
fifty feet of any part of such building or land; or
(b) a covered cesspools to be provided by such owner and approved
by the Chief Officer.

(2) The Chief Officer may, subject to [the control of the President,] by
written notice require any courtyard alley or passage between two or
more buildings to be paved by the owners of such building with such
materials and in such manner as he may direct.

(3) Whoever fails to comply with the notice issued by the Chief Officer
under sub-section (1) or sub-section (2) shall, on conviction, be
punished with fine which may extend to [one thousand rupees], and in
the case of continuing offence with further fine which may extend to
[one hundred rupees] for every day after the first during which such
offence continues.

203. New building not to be erected without drains. --
(1) It shall not be lawful to construct or reconstruct any building, or to
occupy or permit occupation of any building newly constructed or
reconstructed, unless and until--

(a) a drain is constructed of such size, materials and description, at
such level and with such fall, as may be required by the by-laws or if no
by-laws have been framed by the Council as shall appear to the Chief
Officer to be necessary for the effectual drainage of such building;
(b) there have been provided for and set up in such building and in
the land appurtenant thereto, all such appliances and fittings as may be
required by the by-laws or if no by-laws have been framed by the
Council as may appear to the Chief Officer to be necessary for the
purposes of gathering and receiving the drainage from, and conveying
the same off, the said building and the said land, and of effectually
flushing the drain of the said building and every fixture connected
therewith. (2) The drain to be constructed as aforesaid shall empty into a
municipal drain, or into some place set apart by the Council for the
discharge of drainage, situate at a distance not exceeding fifty feet from
such building; but if there is no such drain or place within that distance,
then such drain shall empty into a cesspool provided by the owner of

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such building and approved by the Chief Officer.

204. Powers of owners and occupiers of buildings or lands to drain into
municipal drains. -- (1) The owner or occupier of any building or land
within the municipal area shall be entitled to cause his drains to empty
into a municipal drain:

Provided that, he first obtains the written permission of the
Chief Officer and complies with such conditions as the Chief Officer
may, subject to the provisions of by-laws, if any, prescribe as to the mode
in which and the superintendence under which the communications are
to be made between drains not vested in the Council and drains which
are so vested.

(2) An appeal shall lie to the Council against any order of the Chief
Officer under sub-section (1), if made within fifteen days of the receipt
of such order.

208. Power to require owners to keep drains, etc., in proper order; or to
demolish or close a privy or cesspool.--
(1) All drains, privies, water-closets, house-gullies, gutters and
cesspools and drainage works of every description within a municipal
area shall, unless constructed at the cost of the Council, be altered,
repaired and kept in proper order at the cost and charge of the owners of
the lands or buildings to which they belong, or for the use of which they
have been constructed or continued; and the Chief Officer, subject to
[the control of the President,] may by written notice require any such
owner to alter, repair, and put the same in good order in such manner as
he may think fit.
(2) It shall be duty of every such owner of land to building to get
such drains, privies, water-closets, house-gullies, gutters and cesspools
cleansed either by the municipal agency or such other agency as the
Chief Officer may approved and at such intervals as the Chief Officer
may require.
(3) Subject to [the control of the President,] the Chief Officer may
by return notice require the owner the demolish or close any privy or
cesspool, whether constructed before or after the appointed day, which
in the opinion of the Chief Officer is a nuisance, or is so constructed as
to be inaccessible for the purposes of scavenging or incapable of being
properly cleaned or kept in good order.

209. Power to close private drains and cesspools.-- When any building
or land within municipal area has a drain communicating with any
cesspool or municipal drain or any other place set apart for the discharge
of drainage, the Chief Officer, if he considers that such drain, though it
may be sufficient for the drainage of such building or land and though it
may be otherwise unobjectionable, is not adapted to the general drainage
of the locality, may, subject [the control of the President,] close such
drain and such cesspool, or municipal drain, whether they are or are not
on land vested in the Council on providing a drain or drains or cesspool
equally effectual for the drainage of such building or land, and the Chief
Officer may, subject as aforesaid, do any work necessary for the purpose.

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211. Power in respect of drains, etc., unauthorisedly constructed, rebuilt
or unstopped.--
(1) If any drain, privy, water-closet, house-gully or cesspool on any
land within a municipal area, is constructed, rebuilt or unstopped either
without the consent or contrary to the orders, directions or by-laws, of
the Council or contrary to the provisions of any enactment in force at
the time when it was so constructed, rebuilt or unstopped, the Chief
Officer, subject to, [the control of the President,] may, by written notice,
require such drain, privy, water-closet, house-gully or cesspool to be
demolished, amended, or altered as it may deem fit.

(2) Any person who fails to comply with any notice issued by the
Chief Officer under sub-section (1), shall, on conviction, be punished
with fine which may extend to [one thousand rupees, and in the case of
continuing offence with further fine which may extend to one hundred
rupees for every day after the first during which such contravention
continues.]

212. Inspection of drains, etc.--
(1) The Chief Officer, after due notice to the occupier, may inspect
any drain, privy, water-closet, house-gully, gutter or cesspool; and for
that purpose, at any time between sunrise and sunset may enter upon
any lands or buildings with assistants and workmen, and cause the
ground or any other structure to be opened or broken where he or they
may think fit, doing as little damage as may be.

(2) The expense of such inspection and of causing the ground or the
structure to be closed or repaired and made good as before shall be borne
by the Council, unless the drain, privy, water-closet, house-gully, gutter
or cesspool is found to be in bad order or condition, or was constructed
in contravention of the provisions of any enactment or of any by-laws or
orders thereunder in force at the time or issued in respect of such
construction; in which case such expense shall be paid by the owner of
such drain, privy, water-closet, house-gully, gutter or cesspool, and shall
be recoverable in the same manner as an amount due on account of a
property tax."

28. Thus there are substantive provisions which are made under "the

Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships

Act, 1965" which deal with the power of Chief Officer and Council to refuse

building permissions in given circumstances which concern level of buildings to

be maintained, issuance of completion certificate and permission to occupy or

use, municipal control over drainage, power of making and repairing drains,

power to require sufficient drainage of houses and most importantly Section 203

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providing that no new building be erected without provision for drains and

further provides for the regulatory powers under Section 204 in regard to the

owners and occupiers of buildings or lands who utilize the municipal drains.

Also there are powers to take action in respect of drains, etc. which are

unauthorisedly constructed, rebuilt or unstopped and inspection of drains, etc. all

over the municipal area.

29. Considering the facts and circumstances of the case, we have a grave doubt

as to whether these substantive powers which are vested with the Chief Officer or

the KBMC are at all being utilized, much less implemented so as to bring about

an effective civic administration on the issues with which we are concerned in the

present proceedings.

30. The KBMC needs to immediately prevent several drains, nallas finding an

ultimate exit / drain in the Ulhas river. This cannot be permitted to perpetuate in

any manner whatsoever. It is, hence of utmost necessity that a sewage

management system, of a temporary nature be provided till a final sewage

management system is made available for the town. There needs to be "ward to

ward" inspection of all the high rise buildings, which are completely dependent

on septic tanks and to examine whether there is overflow of the sewerage in the

storm water drain or other open nallas; and after the same are identified,

immediate remedial measures need to be adopted to prevent such drain.

31. It is imperative that unless appropriate sewer lines and sewage treatment

plants (STP) are provided and made functional by the KBMC, permission for

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high rise buildings ought not to be granted by the KBMC as this would be

against the very fundamental norms of town planning. None would disagree,

that for development permission to be granted to a high rise building, it is of

utmost necessity, that the planning authority first and foremost has a complete

layout/blue print of the essentials such as proper access, water pipelines,

electricity, street lights, sewage lines etc. to name a few. It is only after such core

municipal infrastructure is ready and available, building proposals can be

considered and granted by the KBMC, more particularly considering that

Badlapur is a fast growing suburb of Thane, having a high demand for properties

of all kinds. Town Planning cannot lag behind which needs to keep pace with the

development and demand for buildings created by the market.

32. However, the contemporary situation as also the experience depicts an

alarming situation on such fronts. Considering the facts of the case, it appears

that originally majority of these lands were agricultural lands. The agricultural

lands are converted into non-agricultural lands (N.A.) by the Collector, who

exercises these powers under the Maharashtra Land Revenue Code. It is on such

N.A. lands, development permissions are being granted by the KBMC and that

too to high rise buildings/ sky scrappers. Thus, the position which emerges is that

in a particular area, NA lands are being utilized for construction of high rise

buildings, whereas those lands which are not converted as NA lands continue to

be utilized as agricultural lands which get adversely affected by the surrounding

developments as in the present case. This is quite haphazard. There cannot be a

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layout which has partially NA lands with high-rise buildings and adjoining to

which there exist agricultural lands. Such scattered and disorganized

development is antithetical to a systematic town planning.

33. The collector who is the originator of such indiscriminate classification of

the uses of land by granting a change of user needs to take decisions on a

scientific and well considered norms and for reasons to be recorded in writing

and only after consultation with the different stake holders like the owners of

land in the same area, expert opinions from the architects, Environment

Authorities and the Director of Town Planning, failing which such unilateral

decision is likely to harmful for an appropriate town planning and/or is likely to

be arbitrary, causing prejudice to the different stake holders, adversely affecting

their valuable rights, as in the present case.

34. If we apply the aforesaid tests to the facts of the present case, it is apparent

that there appears to be lack of a systematic planning and development of

residential / commercial layouts within the KBMC area. Also it appears that the

building permissions are being arbitrarily granted by the KBMC at the mood of

the passing moment. This is something which needs to be corrected and

regulated, as actions of such nature which do not accept any rationale and are

beyond the framework of law, cannot be recognized.

35. For those who have agricultural land in such areas, find agriculture less

remunerative and selling of lands to developers becomes more beneficial and it is

the sale of such non-agricultural lands (originally agricultural land) which has

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contributed to the rapid development of the distant suburbs of Thane, whereas

some landholders having agricultural land may intend to wait for the best

possible opportunity when the land prices increase and then to develop their

lands. However, this would not mean that a particular land owner deciding to

convert his land into NA for developing the same, would be prevented from

doing so, and if so permitted by the planning authority as may be permissible in

law.

36. The reason we have pointed out such concerns is to highlight that it is in

these circumstances, development of the municipal infrastructure becomes a sine

qua non. As observed in the Expert's report, there is a growing need for urban

housing in the KBMC area. The proximity of Badlapur to Mumbai and Thane,

availability of suburban trains and road transport has made the KBMC area a

popular suburb. It is, thus, an onerous responsibility on the part of the Town

Planning Authority/Directorate of Town Planning as also the KBMC to adopt

robust town planning measures so that an ideally planned city is created and not

an urban chaos resulting in a haphazard concrete jungle. The pace with which

development permissions are being granted at the insistence of the developers, as

also the speed with which constructions are coming up and people occupying

such high rise constructions, needs to match with the availability of the

infrastructure and planning requirements, which is purely and entirely within the

domain of the planning authorities.

37. It cannot be a situation that on one hand the Collector goes on granting

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N.A. permissions, as also the Planning Authority keeps granting approvals to the

proposals for high rise constructions, and on the other hand, the basic

infrastructure facilities like a sewerage system, operational STP, roads, pavements,

footpaths, playgrounds, gardens, children's parks etc. are lacking as the

development progresses. This would amount to a situation of nothing less than a

high degree of urban disorder, leading to an irreparable and a chaotic situation in

terms of planning, which would bring about innumerable public woes including

serious health concerns, like typhoid, malaria, dengue etc. For the health of the

citizens not being adversely affected, it is the duty of the planning authority to

maintain proper sanitation and cleanliness in the municipal areas.

38. Thus, the nightmare of such municipal chaos in the Kulgaon Badlapur

Municipal Council is required to be urgently attended. Stitch in time is the

immediate necessity, considering the fact that for want of an appropriate sewerage

line or sewer system, there are open nallas, drains, which flow on open lands, as

in the petitioner's case. In fact buildings are seen to be surrounded by pool of

dirt, filth and sewage water. This is certainly not what is expected from an urban

planning body, more particularly, considering the settled principles of the

obligations of such statutory bodies to conserve environment and ecology. Also,

any pollution of river water can never be tolerated. The law in this regard is well

settled which we discuss hereunder.

39. The right to life as guaranteed under Article 21 of the Constitution of

India would take within its purview, adherence and compliance of the other

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provisions of the Constitution, which are intended to protect ecology and

environment. We refer to the relevant constitutional provisions in this regard.

Article 48A provides for protection and safeguard of various wild lives. Article

51A provides for fundamental duties as also provides that it to be a duty of every

citizen to protect and improve the natural environment including forests, lakes,

rivers and wild life, and to have compassion for living creatures. We note the

relevant "Articles" of the Constitution which reads thus:-

"21. Protection of life and personal liberty.--No person shall be
deprived of his life or personal liberty except according to
procedure established by law.

48A. Protection and improvement of environment and
safeguarding of forests and wild life.--The State shall endeavour to
protect and improve the environment and to safeguard the forests
and wild life of the country.

51A. Fundamental duties.-It shall be the duty of every citizen of
India

(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
....
(g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
living creatures;
....."

40. The provisions of the Water (Prevention and Control of Pollution) Act,

1974 (for short "the Water Act") are of utmost significance, in the facts and

circumstances of the present case. Section 24 of the said Act provides for a

prohibition on use of stream or well for disposal of polluting matter, inter alia

providing that no person shall knowingly cause or permit any poisonous, noxious

or polluting matter, determined in accordance with such standards as may be laid

down by the State Board to enter (whether directly or indirectly), into any stream

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or well or sewer or on land, and further no person shall cause or permit to enter

into any stream any other matter which may tend, either directly or in

combination with similar matters, to impede the proper flow of the water of the

stream, in a manner leading or likely to lead to a substantial aggravation of

pollution due to other causes or of its consequences. Section 25 provides for

restrictions on new outlets and new discharges. Section 26 provides for provision

regarding existing discharge of sewage or trade effluent. These provisions are

required to be noted which read thus:-

"Section 24 Prohibition on use of stream or well for disposal of
polluting matter, etc.--
(1) Subject to the provisions of this section,--

(a) no person shall knowingly cause or permit any poisonous, noxious or
polluting matter determined in accordance with such standards as may
be laid down by the State Board to enter (whether directly or indirectly)
into any 3 [stream or well or sewer or on land]; or

(b) no person shall knowingly cause or permit to enter into any stream
any other matter which may tend, either directly or in combination with
similar matters, to impede the proper flow of the water of the stream in a
manner leading or likely to lead to a substantial aggravation of pollution
due to other causes or of its consequences.

(2) A person shall not be guilty of an offence under sub-section
(1), by reason only of having done or caused to be done any of the
following acts, namely:--

(a) constructing, improving or maintaining in or across or on the
bank or bed of any stream any building, bridge, weir, dam, sluice,
dock, pier, drain or sewer or other permanent works which he has
a right to construct, improve or maintain;
(b) depositing any materials on the bank or in the bed of any
stream for the purpose of reclaiming land or for supporting,
repairing or protecting the bank or bed of such stream provided
such materials are not capable of polluting such stream;
(c) putting into any stream any sand or gravel or other natural
deposit which has flowed from or been deposited by the current of

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such stream;
(d) causing or permitting, with the consent of the State Board, the
deposit accumulated in a well, pond or reservoir to enter into any
stream.
(3) The State Government may, after consultation with, or on
the recommendation of, the State Board, exempt, by notification
in the Official Gazette, any person from the operation of sub-
section (1) subject to such conditions, if any, as may be specified in
the notification and any condition so specified may by a like
notification be altered, varied or amended.
Section 26. Provision regarding existing discharge of sewage or
trade effluent.--Where immediately before the commencement of
this Act any person was discharging any sewage or trade effluent
into a stream or well or sewer or on land, the provisions of section
25 shall, so far as may be, apply in relation to such person as they
apply in relation to the person referred to in that section subject to
the modification that the application for consent to be made under
sub-section (2) of that section shall be made on or before such date
as may be specified by the State Government by notification in
this behalf in the Official Gazette."

41. Sections 43, 44, 45-A and 45-D of the Water (Prevention and Control of

Pollution) Act are the provisions pertaining to penalties for contravention of the

provisions of Section 24, 25, 26 and the other provisions of the Water

(Prevention and Control of Pollution) Act. Also Section 45E provides for

offences for failure to comply with provisions of Section 25 and 26. We find that

although the provisions of the Water (Prevention and Control of Pollution) Act

are clearly attracted in the present case, no action under any of provisions of the

said Act are taken by the KBMC. We also refer to the Environment (Protection)

Act, 1986. There are measures which are required to be taken by the Central

Government as provided under Section 3 to protect and improve the

environment. Section 4 contemplates appointment of officers and their powers

and functions. Section 5 provides for power to give directions. Several authorities

under the State are empowered to take actions under the provisions of the

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Environment (Protection) Act, in regard to violations of ecology and

environment.

42. The importance of environment is underscored by the Supreme Court in

M. C. Mehta Vs. Union of India & Ors. 7 in terms of the obligation of the State to

protect the environment, also considering the fundamental duties of the citizens

under Article 51A of the Constitution. The following observations as made by

the Supreme Court a decade back, guide us:

4. Before proceeding to consider the facts of this case it is
necessary to state a few words about the importance of and need
for protecting our environment. Article 48-A of the Constitution
provides that the State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the
country. Article 51-A of the Constitution imposes as one of the
fundamental duties on every citizen the duty to protect and
improve the natural environment including forests, lakes, rivers
and wild life and to have compassion for living creatures. The
proclamation adopted by the United Nations Conference on the
Human Environment which took place at Stockholm from June 5
to 16, 1972 and in which the Indian delegation led by the Prime
Minister of India took a leading role runs thus:

1. Man is both creature and moulder of his environment
which gives him physical sustenance and affords him the
opportunity for intellectual, moral, social and spiritual
growth. In the long and tortuous evolution of the human race
on this planet a stage has been reached when through the
rapid acceleration of science and technology, man has
acquired the power to transform his environment in countless
ways and on an unprecedented scale. Both aspects of man's
environment, the natural and the manmade, are essential to
his well being and to the enjoyment of basic human rights
even the right to life itself.

2. The protection and improvement of the human environ-
ment is a maior issue which affects the well being of peoples
and economic development throughout the world it is the
urgent desire of the peoples of the whole world and the duty
of all governments.

7 (1987)4 SCC 463

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3. Man has constantly to sum up experience and go on
discovering, inventing, creating and advancing. In our time
man's capability to transform his surroundings. if used wisely,
can bring to all peoples the benefits of development and the
opportunity to enhance the quality of life. Wrongly or heed-
lessly applied, the same power can do incalculable harm to
human beings and the human environment. We see around
us growing evidence of manmade harm in many regions of
the earth; dangerous levels of pollution in water, air, earth and
living beings; maior and undesirable disturbances to the
ecological balance of the biosphere; destruction and devletion
of irreplaceable resources: and gross deficiencies harmful to
the physical, mental and social health of man, in the
manmade environment; particularly in the living and working
environment.

A point has been reached in history when we must shape
our actions throughout the world with a more prudent care
for their environmental consequences. Through ignorance
indifference we can do massive and irreversible harm to the
earthly environment on which our life and well being depend.
Conversely, through fuller knowledge and wiser action, we
can achieve for ourselves and our posterity a better life in an
environment more in keeping with human needs and hopes.
There are broad vistas for the enhancement of environmental
quality and the creation of a good life. What is needed is an
enthusiastic but calm state of mind and intense but orderly
work. For the purpose of attaining freedom in the world of
nature, man must use knowledge to build in collaboration
with nature a better environment. To defend and improve the
human environment for present and future generations has
become an imperative goal for mankind a goal to be pursued
together with, and in harmony with, the established and
fundamental goals of peace and of world- wide economic and
social development.

To achieve this environmental goal will demand the
acceptance of responsibility by citizens and communities and
by enterprises and institutions at every level, all sharing
equitably in common efforts. Individuals in all walks of life as
well as organizations in many fields, by their values and the
sum of their actions, will shape the world environment of the
future. Local and National Governments will bear the greatest
burden for large-scale environmental policy and action within
their jurisdictions. Inter- national co-operation is also needed
in order to raise resources to support the developing countries
carrying out their responsibilities in this field. A growing class
of environmental problems, because they are regional or
global in extent or because they affect the common
international realm, will require extensive co-operation

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among nations and action by international organisations in
the common interest. The Conference calls upon the
governments and peoples to exert common efforts for the
preservation and improvement of the human environment,
for the benefit of all the people and for their posterity.

The proclamation also contained certain common convictions of
the participant nations and made certain recommendations on
development and environment. The common convictions stated
include the conviction that the discharge of toxic substances or of
other substances and the release of heat in such quantities or
concentrations as to exceed the capacity of environment to render
them harmless must be halted in order to ensure that serious or
irreversible damage is not inflicted upon ecosystems, that States
shall take all possible steps to prevent pollution of the seas so that
hazards to human health, harm to living resources and marine life,
damage to the amenities or interference with other legitimate uses
of seas is avoided that the environ- mental policies would enhance
and not adversely affect the present and future development
potential of developing countries, that science and technology as
part of their contributions to economic and social development
must be applied with identification, avoidance and control of
environmental risks and the solution of environmental problems
and for the common good of mankind, that States have the
responsibility to ensure that activities of exploitation of their own
resources within their jurisdiction are controlled and do not cause
damage to the environment of other States or areas beyond the
limit of national jurisdiction, that it will be essential in all cases to
consider the systems of values prevailing in each country and the
extent of the applicability of standards which are valid for the most
advanced countries but which may be inappropriate and of
unwarranted social cost and that man and his environment must
be spared the effects of nuclear weapons and all other means of
mass destruction. These are only some of the statements of
principles proclaimed by the Stockholm Conference. [Vide Lal's
Commentaries on Water and Air Pollution Laws (2nd edn.) pages
6-7]".
(emphasis supplied)

43. In the context of the issue in regard to pollution of river Ganga, in the

supplementary judgment of Mr. Justice K.N.Singh, the following succinct

observations are made:-

22. Millions of our people bathe in the Ganga, drink its water
under an abiding faith and belief to purify themselves and to
achieve moksha, release from the cycle of birth and death. It is

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tragic that the Ganga, which has since time immemorial, purified
the people is being polluted by man in numerous ways, by
dumping of garbage, throwing carcass of dead animals and
discharge of effluents. Scientific investigations and survey reports
have shown that the Ganga which serves one-third of India's
population is polluted by the discharge of municipal sewage and
the industrial effluents in the river. The pollution of the river
Ganga is affecting the life, health and ecology of the Indo-
Gangetic Plain. The government as well as Parliament both have
taken a number of steps to control the water pollution, but
nothing substantial has been achieved. I need not refer to those
steps as my learned brother has referred to them in detail. No law
or authority can succeed in removing the pollution unless the
people co-operate. To my mind, it is the sacred duty of all those
who reside or carry on business around the river Ganga to ensure
the purity of Ganga. Tanneries at Jajmau area near Kanpur have
been polluting the Ganga in a big way. This Court issued notices
to them but in spite of notice many industrialists have not
bothered either to respond to the notice or to take elementary
steps for the treatment of industrial effluent before discharging the
same into the river. We are therefore issuing the directions for the
closure of those tanneries which have failed to take minimum steps
required for the primary treatment of industrial effluent. We are
conscious that closure of tanneries may bring unemployment, loss
of revenue, but life, health and ecology have greater importance to
the people."

44. In Vellore Citizens' Welfare Forum Vs. Union of India 8 the Supreme

Court was dealing with the issue of pollution created by tannery industries. It is

in such context, the Supreme Court discussing the principles of sustainable

development and the Polluter Pays principle, has made the following

observations which read thus:

12. "The Polluter Pays" principle has been held to be a sound
principle by this Court in Indian Council for Enviro- Legal Action
vs. Union of India J.T. 1996 (2) 196. The Court observed,
"...we are of the opinion that any principle evolved in this
'behalf should be simple practical and suited to the
conditions obtaining in this country".

The Court ruled that
"Once the activity carried on is hazardous or inherently
dangerous, the person carrying on such activity is liable to

8 (1996)5 SCC 647

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make good the loss caused to any other person by his
activity irrespective of the fact whether he took reasonable
care while carrying on his activity. The rule is premised
upon the very nature of the activity carried on".

Consequently the polluting industries are "absolutely liable to
compensate for the harm caused by them to villagers in the affected
area, to the soil and to the underground water and hence, they are
bound to take all necessary measures to remove sludge and other
pollutants lying in the affected areas". The "Polluter Pays" principle
as interpreted by this Court means that the absolute liability for
harm to the environment extends not only to compensate the
victims of pollution but also the cost of restoring the
environmental degradation. Remediation of the damaged
environment is part of the process of "Sustainable Development"
and as such polluter is liable to pay the cost to the individual
sufferers as well as the cost of reversing the damaged ecology.

13. The precautionary principle and the polluter pays principle
have been accepted as part of the law of the land. Article 21 of the
Constitution of India guarantees protection of life and personal
liberty. Articles 47, 48A and 51A(g) of the Constitution are as
under:
"47. Duty of the State to raise the level of nutrition and the
standard of living and to improve public health. - The State
shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of
public health as among its primary duties and in particular,
The State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating
drinks and of drugs which are injurious to health.

48A. Protection and improvement of environment and
safeguarding of forests and wild life. The State shall
endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country.

51A.(g) To protect and improve the natural environment
including forests, takes, rivers and wild life, and to have
compassion for living creatures."

Apart from the constitutional mandate to protect and improve the
environment there are plenty of post independence legislations on
the subject but more relevant enactments for our purpose are: The
Water (Prevention and Control of Pollution Act 1974 (the Water
Act), The Air (Prevention and Control of Pollution) Act, 1981 (the
Air Act) and the Environment Protection Act 1986 (the
Environment Act). The Water Act provides for the constitution of
the Central Pollution Control Board by the Central Government
and the constitution of one State Pollution Control boards by

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various State Governments in the country. The Boards function
under the control of the Governments concerned. The Water Act
prohibits the use or streams and wells for disposal of polluting
matters. Also provides for restrictions on outlets and discharge of
effluents without obtaining consent from the Board. Prosecution
and penalties have been provided which include sentence of
imprisonment. The Air Act provides that the Central Pollution
Control Board and the State Pollution Control Boards constituted
under the later Act shall also perform the powers and functions
under the Air Act. The main function of the Boards, under the Air
Act, is to improve the quality of the air and to prevent. control and
abate air pollution in the country. We shall deal with the
Environment Act in the latter part of this judgment.

14. In view of the above mentioned constitutional and
statutory provisions we have no hesitation in holding that the
precautionary principle and the polluter pays principle are part of
the environmental law of the country.

15. Even otherwise once these principles are accepted as part of
the Customary International Law there would be no difficultly in
accepting them as part of the domestic law. It is almost accepted
proposition of law that the rule of Customary International Law
which are not contrary to the municipal law shall be deemed to
have been incorporated in the domestic law and shall be followed
by the Courts of Law. To support we may refer to Justice H.R.
Khanna's opinion in A.D.M. vs Shivakant Shukla (AIR 1976 SC
1207), Jolly George Varghese's case (AIR 1980 SC 470) and
Gramophone Company's case (AIR 1984 SC 667).

16. The Constitutional and statutory provision protect a
persons right to fresh air, clean water and pollution free
environment, but the source of the right is the inalienable common
law right of clean environment. It would be useful to quote a
paragraph from Blackstone's commentaries on the Laws of England
(Commentaries on the Laws of England of Sir Willian Blackstone)
Vol.III, fourth edition published in 1876. Chapter XIII, "Of
Nuisance" depicts the law on the subject in the following words:

"Also, if a person keeps his hogs, or other noisome animals,
'or allows filth to accumulate on his premises, so near the
house of another, that the stench incommodes him and
makes the air unwholesome, this is an injurious nuisance, as
it tends to deprive him of the use and benefit of his house.
A like injury is, if one's neighbour sets up and exercises any
offensive trade; as a tanner's, a tallow chandler's, or the like;
for though these are lawful and necessary trades, yet they
should be exercised in remote places; for the rule is, sic utere
"tuo, ut alienum non laedas;" this therefore is an actionable

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nuisance. 'And on a similar principle a constant ringing of
bells in one's immediate neighbourhood may be a nuisance

....... With regard to other corporeal heriditaments; it is a
nuisance to stop or divert water that used to run to another's
meadow or mill; to corrupt or poison a water-course, by
erecting a due house or a lime-pit, for the use of trade, in
the upper part of the stream; 'to pollute a pond. from which
another is entitled to water his cattle: to obstruct a drain; or
in short to do any act in common property, that in its
consequences must necessarily tend to the prejudice of one's
neighbour. So closely does the law of England enforce that
excellant rule of gospel-morality, of "doing to others. as we
would they should do unto ourselves ."
(emphasis supplied)

45. In a recent decision in Vellore District Environment Monitoring

Committee rep. By its Secretary Mr. R. Rajebdran vs. District Collector, Vellore

District & Ors.9, the Supreme Court considering the right to healthy

environment while taking a review of the legal position, made the following

observations:-

64. Right to life inherently includes the right to enjoy,
pollution free environment, which are essential for the full
enjoyment of life. If anything endangers or impairs the quality of
life in derogation of laws, a citizen has the right to have recourse to
Article 32 of the Constitution to address the pollution of
environment which may be detrimental to the quality of life. This
court has recognised the concept of 'right to healthy environment'
as part of the 'right to life' under Article 21 and thereby has also
recognised the 'right to clean drinking water' as a fundamental
right. Infact, environmental rights, which encompass a group of
collective rights, are now described as "third generation" rights.
Therefore, the State, so as to sustain its claim of functioning for the
welfare of its citizens, is bound to regulate water supply by
safeguarding, maintaining and restoring the water bodies to
protect the right to healthy water and prevent health hazards. This
court has also laid down in many cases, that the States shall ensure
that the water bodies are free from encroachments and steps must
be taken to restore the water bodies. In this context, we may refer
to the following judgments and observations made thereunder:

i) Subash Kumar v. State of Bihar

9 2025 SCC OnLine SC 207

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"7. Article 32 is designed for the enforcement of
Fundamental Rights of a citizen by the Apex Court. It
provides for an extraordinary procedure to safeguard the
Fundamental Rights of a citizen. Right to live is a
fundamental right under Art 21 of the Constitution and it
includes the right of enjoyment of pollution free water and
air for full enjoyment of life. If anything endangers or
impairs that quality of life in derogation of laws, a citizen has
right to have recourse to Art. 32 of the Constitution for
removing the pollution of water or air which may be
detrimental to the quality of life. ....."

(ii) State of Karnataka v. State of Andhra Pradesh
"175. Water is a unique gift of nature which has made the
planet earth habitable. Life cannot be sustained without
water. In the National Water Policy issued by the
Government of India in 1987, it was declared that water is a
prime natural resource, a basic human need and a precious
national asset. Water, like air, is the essence for human
survival. The history of water availability and its user is tied
up with the history of biologically evolution in all
civilizations. It will not be wrong to say that not only the life
started in water but rather water is life itself. It is essential for
mankind, animals, environment, flora and fauna. There is no
denial of the fact that in the ancient times water played an
important role in the origin, development and growth of
civilization all over the globe. Water is an important factor in
the economic development of the countries which ultimately
affects the social and human relations between the habitants.
Planned development and proper utilization of water
resources can serve both as a cause as well as an effect off the
prosperity of a nation. Water on earth is available in the form
of frozen snow, rivers lakes, springs, water ways, water falls
and aqueducts, etc."

74. The idea of the Polluter Pays Principle, though seemingly
progressive, must be carefully examined to ensure it does not
result in the emergence of a "right to pollute" for those who
are financially capable or willing to pay. One key question
that arises is the extent of liability for the pollution caused,
specifically, whether the liability ends once compensation, as
determined by the Court or other authorities, is paid, or
whether it is a continuing liability that persists until the
actual pollution is curbed and its effects reversed. This Court
has recognized that the Polluter Pays Principle, when applied
absolutely, has not yet sufficiently mitigated the harm caused
to the environment, yielding below-average results. The
tanneries have clearly exploited this system, discharging
effluents, assuming that payment of compensation grants
them the right to pollute. This issue is not limited to the

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Vellore tanneries alone; it is a broader problem seen across
industries in developing countries, where it is often seen as
more cost-effective to pay the relatively low compensation
than to invest in cleaner technologies that would reduce
pollution. Industries, when faced with a choice between the
marginal damage cost and the marginal cleaning cost, often
opt for the former, thus perpetuating the cycle of
environmental degradation.

77. When there is a violation in compliance with the
environmental laws, be it by engaging in activities directly
involved in causing pollution or failure to take steps to curb
the pollution and restore the environment or violating any
terms of licence granted by any State or central authority and
acts in a manner detrimental to the environment, the effect
of which causes or is likely to cause degradation of the
environment, then the deeming fiction of polluting the
environment becomes applicable and the polluter is not only
liable to payment of compensation but also to restore the
environment. As we have already seen, there is a persistent
duty on the State to ensure that all steps are taken to ensure
the protection of the environment. The State, even in the
absence of any law, must put in place a mechanism to address
the issue of degradation by taking preventive measures. The
measures should lean towards protection and preservation
rather than facilitation of economic activity by reliance upon
lack of scientific details for adverse effects. The State must
endeavour through its research wings to identify the
industries and activities which impacts or can impact the
environment before permitting such activities as there is a
possibility that the damage could not only be irreversible but
also the effects of such damage could be far more threatening
the human race than the commercial benefits arising out of
such activity. This precautionary principle, that has been
recognized in various judgments as seen above and in Vellore
Citizen Welfare Forum's case (Supra) was reiterated by this
Court in T.N. Godavarman Thirumulpad.

79. Now that we've discussed the aspect of liability, let us
turn our attention to the determination of compensation for
pollution-related damage. As highlighted earlier, polluters
bear the absolute liability for the harm they cause to the
environment. However, it is well known that quantifying the
extent of that damage is never an easy task and is usually
quite complex. Unlike tangible property damage, the harm
inflicted upon ecosystems--such as the destruction of flora,
fauna, aquatic life, and the disruption to micro-organisms--is
not easily measurable in monetary terms. Additionally, the
impact on local communities, particularly their livelihoods, is
difficult to assess. The loss of biodiversity, degradation of

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natural resources, and long-term socio-economic
consequences extend beyond the realm of financial valuation.
Therefore, while the liability is clear, the process of
determining an equitable compensation amount is fraught
with challenges, as it must account for both the tangible and
intangible damage inflicted on the environment and the
affected communities. However, we can refer to past
environmental cases, both Indian and international, to grasp
the principles made therein relating to this aspect."
(emphasis supplied)

46. Applying the aforesaid principles to the facts of the present case, in our

opinion, certainly the petitioner has suffered an irreparable damage to his land.

He suffered the filth. Also letting of the sewage and drainage into the petitioner's

land rendered it uncultivable. This is certainly against any prudent and

reasonable norms expected of a civilized society, therefore the aforesaid principles

of law would forcefully apply. In these circumstances, applying the "polluter pays

principle", we are of the clear opinion that the petitioner is entitled to

compensation as prayed for in terms of prayer clause (g) to be paid by the

developer.

47. In our order dated 14 August 2025 we have directed the KBMC to

provide permission to the developer to undertake construction of the wall in

respect of which an application is made to the KBMC. It would be eminently in

the interest of justice that such construction is undertaken and completed at the

earliest.

48. In regard to the serious issues of town planning as discussed hereinbefore

affecting thousand of citizens of the KBMC area, we are of the clear opinion that

the town planning requirements need to be strictly implemented by the KBMC.

Considering the present plight, it appears to be completely beyond the control

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and/or comprehension of the Chief Officer to achieve appropriate town

planning. In this situation, we are of the considered opinion that an expert

Committee in town planning needs to be appointed to provide appropriate

suggestions and guidance for systematic urban development of the Kulgaon

Badlapur Municipal area.

G. Operative Orders :-

49. In the aforesaid circumstances, we are inclined to pass the following order

considering the larger issue which we have underscored hereinbelow:

ORDER

(i) We direct setting up of an "Improvement Committee for Kulgaon-

Badlapur Municipal Area" to make suggestions and guidance for an appropriate urban development of the Kulgaon-Badlapur Municipal area within two weeks from today.

(ii) The Improvement Committee shall consists of the following:

(a) An expert in town planning nominated by the Chairman/Managing Director of the City and Industrial Development Corporation of Maharashtra Limited (CIDCO).

(b) One Town Planning Expert to be nominated by the Director, Town Planning, Government of Maharashtra.

             (c)    Additional Collector, Thane.
             (d)    Chief Executive Officer of Kulgaon-Badlapur Municipal
                    Council.
             (e)    A representative/expert nominated by the Maharashtra
                    Pollution Control Board (MPCB).
             (f)    Eminent Social Worker to be nominated by Kulgaon-
                    Badlapur Municipal Council.

(iii)        The Improvement Committee shall be tasked with making suggestions for

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(iv) The Improvement Committee shall prepare a blue print of "immediate measures" to be taken in the larger public interest and the "long term measures", so that a robust and proper town planning is achieved for the Kulgaon Badlapur Municipal area, so as to make it a Model Town, on the lines of a well planned city like Navi Mumbai and the other well planned towns in the State of Maharashtra.

(v) We keep open all the avenues of such town planning, to be decided by the Committee with appropriate assistance from the Government of Maharashtra to be suggested to the KBMC and monitor its implementation.

(vi) We direct respondent No.5 to take immediate measures to prevent sewage being drained onto the petitioner's land, as also by undertaking appropriate filling of the land so as to bring it to the level of the adjoining plot of the society. This be complied within a period of six weeks from today.

(vii) The compensation amount of Rs. 10 Lakhs be paid by respondent no.5 to the petitioner within two weeks from today.

50. While parting, we may observe that civic amenities like sewer lines, functional sewage treatment plant (STP), specified lands/areas to dump municipal solid waste are essential requirements of both developed and developing towns. Any disharmony, inappropriate planning and deficient working of any of such facilities severely affects the fundamental rights of the citizens as guaranteed under the Constitution of India and the several other Page 60 of 61 19 September 2025 P. V. Rane ::: Uploaded on - 19/09/2025 ::: Downloaded on - 19/09/2025 23:47:51 ::: WP7404.DOC legislations entitling a right to healthy environment. The question which would keep bothering the citizens belonging to such large and small towns is whether the municipal bodies with the constitutional authority they wield, are fulfilling the expectations of the citizens on such counts. If the answer is an emphatic "no", then it is high time that there is an urgent need of a concrete mechanism to be devised, so that the municipal authorities achieve and seriously implement such core requirements so as to guarantee to the citizens a clean and pollution free environment, by adhering to the highest standards. The wait on such count cannot be endless. Days, months, years, decades pass-by, however, the situation turns from bad to worse, cannot be the rule.

51. We accordingly dispose of this petition with cost of Rs.50,000/- to be paid by the KBMC to the petitioner.

(ARIF S. DOCTOR, J.)                                         (G. S. KULKARNI, J.)




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