Bombay High Court
Vinod Kumar Gangwal vs Lonavala Khandala Citizens Forum And … on 23 July, 2025
2025:BHC-AS:30823-DB
Neeta Sawant PIL-93-2007-FC
THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 93 OF 2007
Lonavala Khandala Citizens
Forum & Anr. .....Petitioners
: Versus :
The Municipal Council of Lonavala
and Ors. ....Respondents
WITH
INTERIM APPLICATION NO. 2194 OF 2023
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007
Vinod Kumar Gangwal .... Applicant
In the matter between :
Lonavala Khandala Citizens
Forum & Anr. .....Petitioners
: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents
WITH
CIVIL APPLICATION NO. 90 OF 2011
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007
Arun Krishnaji Dharap .... Applicant
In the matter between :
Lonavala Khandala Citizens
Forum & Anr. .....Petitioners
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: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents
WITH
CIVIL APPLICATION NO. 122 OF 2009
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007
Kiran Narottamdas Merchant .... Applicant
In the matter between :
Lonavala Khandala Citizens
Forum & Anr. .....Petitioners
: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents
WITH
CIVIL APPLICATION NO. 42 OF 2009
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007
Mr. Shashikant Bhimrao
Jadhav and Ors. .... Applicants
In the matter between :
Lonavala Khandala Citizens
Forum & Anr. .....Petitioners
: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents
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WITH
CIVIL APPLICATION NO. 48 OF 2009
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO.93 OF 2007
Mitesh Dhanaji Shah ....Applicant
In the matter between :
Lonavala Khandala Citizens
Forum & Anr. .....Petitioners
: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents
WITH
CIVIL APPLICATION NO. 49 OF 2009
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007
Shree Kutchi Visa Oswal Stanakwasi
Jain Mahajan Trust and Ors. .... Applicants
: Versus :
Lonavala Khandala Citizens
Forum & Ors. .....Respondents
WITH
WRIT PETITION NO. 3840 OF 2009
Devendrakumar Manikchand Tatiya .... Petitioner
:Versus:
Saida Irgan Goriwala and Ors. .... Respondents
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Neeta Sawant PIL-93-2007-FC
WITH
CONTEMPT PETITION NO. 292 OF 2012
Mr. Tilakdas Sudhakar Shetty ..... Petitioner
:Versus:
Yogesh Ramrao Godse and Ors. ..... Respondents
Mr. Fredun DeVitre, Senior Advocate with Mr. Nivit Srivastava,
Ms. Sneha Patil and Mr. Bhavya R. Shah, for the Petitioner in Public
Interest Litigation No.93 of 2007.
Ms. Gunjan Shah i/b Mr. P. B. Shah, for Petitioner in Writ Petition
No. 3840 of 2009.
Mr. R.S. Apte, Senior Advocate with Mr. Aniruddha A. Garge, for
Respondent No.1 in Public Interest Litigation No.93 of 2007.
Mrs. Neha S. Bhide, Government Pleader with Mr. O. A. Chandurkar,
Additional Government Pleader and Mr. M.B. Pabale, AGP for Respondent-
State in Public Interest Litigation No.93 of 2007.
Mrs. Neha S. Bhide, Government Pleader with Mrs. G. R. Raghuwanshi,
AGP for Respondent-State in Writ Petition No. 3840 of 2009.
Ms. Anjali S. Shinde i/by. Mr. Nitin P. Deshpande, for Applicant in Civil
Application No.122 of 2009.
CORAM : ALOK ARADHE, CJ. &
SANDEEP V. MARNE, J.
RESERVED ON : 17 July 2025.
PRONOUNCED ON : 23 July 2025.
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JUDGMENT :
(Per Sandeep V. Marne, J.)
1) For several years, the twin hill station of Lonavala-
Khandala has been the most popular weekend getaway for residents of
Mumbai and Pune, who look for quick breaks from the city chaos.
Tucked away in Sahyadri Range, this twin hill stations- just 5 kms apart-
attracts lakhs of tourists every year. During monsoon season, the region
turns into misty paradise of waterfalls, cloud covered roads and lush
green trails. However, this weekend paradise is fast losing its charm due
to rapid urbanization and tourism. As the weekend getaway became
more and more popular, with the number of tourists on a given
monsoon weekend crossing two lakh, garbage heaps and blocked
drainages became regular feature of the otherwise scenic paradise,
which started getting marred by uncontrolled constructions and lack of
basic civic amenities. This PIL Petition seeks to highlight the plight of
the local residents of Lonavala-Khandala Region and is aimed at
improving the civic amenities and regulating the construction activities
in the region.
2) The Lonavala-Khandala Citizens Forum is an organisation
formed by the residents of Lonavala-Khandala towns. The region of
Lonavala-Khandala is a part of ecologically sensitive Western Ghats and
used to receive annual rainfall of about 200 to 300 inches. The region
has five dams and five lakes, numerous springs, waterfalls and ponds.
The rivers Indrayani and Ulhas owe their origins to Lonavala-Khandala
region. The hills around the twin hill stations are green and forested and
provide catchments for the lakes and rivers. In addition to the local
population, several residents of Mumbai and Pune own their villas,
bungalows and houses in Lonavala-Khandala region. The petition filed
pro bono publico seeks to highlight the uncontrolled development
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activities occurring in Lonavala-Khandala region putting huge strain on
infrastructural facilities like water supply, sewerage, solid waste
management, roads, traffic etc. The association of residents has filed the
present petition in the year 2007 seeking directions of this Court to
regulate the construction activities, for demolition of illegal
constructions and for augmentation of the infrastructure facilities in the
region. The proactive citizens of Lonavala-Khandala region, who face
civil problems, seek accountability from the civic officials and
government departments complaining that they have abandoned duties
of proper civic governance, which is in violation of Right to Life under
Article 21 of the Constitution of India, which includes Right to Clean
and Healthy Environment.
3) Municipal Council of Lonavala has been constituted under
the provisions of the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965 (the Municipal Councils
Act) which is the second Respondent to the petition. The administrative
control over the Municipal Council is exercised by the Directorate of
Municipal Administration. The Municipal Council is entrusted with the
duties of looking after civic administration and regulate the
development activities. In addition to the Municipal Council of
Lonavala being responsible for the civic facilities in the town of
Lonavala, the Collector, Pune District is also responsible for
maintaining and providing the necessary infrastructure facilities in the
charming hill station of Lonavala-Khandala region. Petitioners
complain that the favourite weekend getaway for Mumbaikars and
Punekars is marred by crumbling infrastructure and suffers from
problem of bad roads, flooding, vehicular pollution, felling of trees,
unauthorized constructions, garbage management, lack of adequate
drinking water etc.
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4) The Lonavala-Khandala region comprises of approximately
of an area of 120 sq.kms. At the time, when the petition was filed the
region had population of 60,000 to 70,000. The region is located at a
distance of 65 kms from Pune and about 100 kms from Mumbai. It is
located at an altitude of about 2,800 ft above the sea level. On account
of proximity from metropolitan cities of Mumbai and Pune, the region
has become a popular weekend getaway for Mumbaikar and Punekars.
At one point of time, Lonavala and Khandala were charming hill
stations and according to the Petitioner, lack of apathy by the
Respondents has resulted in loss of charm of the twin hill stations of
Lonavala-Khandala. During weekends, the region is visited by
approximately 10,000 cars and sometimes the total number of visitors
during the weekends in monsoon season exceed 2,00,000. Petitioners
believe that the Respondent-Authorities have failed to take effective steps
to conserve the ecological balance of the region. The petition is filed
seeking following prayers :-
a] That this Hon’ble Court be pleased to issue a Writ of Mandamus, or a Writ
in the nature of Mandamus, or any other appropriate writ, order or direction,
directing,
(i) Respondent No. 1,2,3 and 4 to implement all the provisions of the
Solid Wastes Management Rules by 30th December 2007;
(ii) Ordering and Directing the Respondents 1, 2, 4 and 5 to forthwith
prepare a sewerage plan and a waste treatment plan for the hill towns
of Lonavla-Khandala before December 2007, and implement the same
in a specified time frame;
(iii) Ordering and directing the Respondents Nos 1,2, 3, 4 and 5 to
forthwith commission and make a hydrological / water survey map of
Lonavla-Khandala and its adjoining areas and allow future
constructions only after consulting the said maps.
(iv) Ordering and Directing respondent No. 1.2, 4 and 5 to provide a
comprehensive water storage and supply plan, supply adequate and
safe water for domestic consumption to all its wards and residents;
(v) Ordering and directing the Respondent No. 1 to demolish all the
illegal constructions in Lonavla-Khandala.
(B) Pending hearing and final disposal of this petition,
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Neeta Sawant PIL-93-2007-FC(1) The Respondents 1, 2, 3, 4, and 5 be directed to prepare a
hydrological survey map of Lonavla;
(2) A committee of eminent experts be formed to investigate and
report on the urgent and immediate requirements of Lonavla-
Khandala viz a viz its solid waste management programme, supply of
water for domestic consumption of its permanent residents, planned
sewerage collection, treatment and disposal, and measures for
prevention of flooding and water logging in the said two towns.
(3) The Respondent 1 be directed to stop supply of all water
connections to areas outside the jurisdiction of the Lonavla-Khandala
Municipal Council;
(4) No new large residential / commercial constructions be allowed to
be permitted in Lonavla-Khandala, till the Respondents implement a
sewerage plan, a garbage disposal plan, and a water supply plan in the
townships of Lonavla and Khandala.
(5) The Respondent No 1 be directed to furnish a list of all the illegal
constructions in Lonavala-Khandala.
(c) for ad interim reliefs in terms of prayer [B (1 to 5)] above.
(d) for costs of and incidental to this petition, and,
(e) for such further and other reliefs as the nature and circumstances of this
case may require.
5) Taking note of the alarming situation which prevailed in the
region when the PIL petition was filed in the year 2007, this Court has
passed series of interlocutory orders from time to time to ensure curbing
of rising problems in the region. We may make brief reference to some
of the interlocutory orders passed in the present Public Interest
Litigation.
6) As early as on 18 October 2007, a Bench of this Court
directed holding of meetings by the Chief Officer of Lonavala
Municipal Council for preparation of proposed plan to address urgent
issues affecting day to day living of the residents. The Court directed
filing of a report based on outcome of the meeting. On 31 January 2008,
the report prepared by the Director, Municipal Administration was
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placed before this Court, which pointed out lacunas on the part of the
Municipal Council in respect of the infrastructural activities of water
supply, sewerage, garbage collection etc. The requisite steps for
addressing the issues were spelt out in the report. By order dated
31 January 2008, this Court directed that the Chief Officer of the
Municipal Council, as well as the Secretary of the concerned
Department to look into the report and take appropriate steps for
implementation of the recommendations of the report. This Court
directed that it would be the personal responsibility of the Chief Officer
to comply with the order of the Court by taking all corrective measures
for ensuring health of the residents.
7) On 24 April 2008, this Court took note of the Affidavit in
Rejoinder filed by the Petitioner indicating complete inaction on the part
of the concerned authorities. Personal presence of the Chief Officer was
accordingly ordered. On 4 September 2008, the Bench of this Court
passed a detailed interim order directing various interim measures. It
would be appropriate to reproduce the order dated 4 September 2008
which reads thus :-
The learned Counsel appearing for the Respondent No.1 Municipal Council
of Lonavala, upon instructions from (i) Sunil Lahane, Chief Officer, (ii) Nitin
Anagal, Municipal Engineer and (ii) Sanjay Kumbhar, Junior Engineer,
Water Works), who are present in Court, makes a statement that the
infrastructure, like, sewerage, drainage, water supply, electric supply,
development of roads and mechanism to treat domestic or other waste do not
exist in the entire area of the said revenue estate. However, Ward “A” out of
the revenue estate, is the Ward where major part of the facilities are available.
There is a treatment plant where the entire domestic or other discharge is
taken and is treated before it is discharged into the river. Further, it is stated
that this treatment plant is presently not functioning and untreated waste is
directly discharged into the river. However, for remaining Wards of
the entire revenue estate, there are no facilities.
2. In regard to the forest area, it is stated that 32% of the revenue estate has
been reserved as forest area. There is no encroachment or unauthorized
construction in the forest area. No plans are being sanctioned for construction
in the forest area and it remains unincluded from any public activity.
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3. It is also stated that there are number of unauthorized
constructions in the entire revenue estate of Lonavala, but the Council is
not able to check the same because of lack of man power and means at their
disposal. Despite efforts of the Council occupants do not use dustbins and
throw waste all over the place. The Council is proposing
to take effective steps to control the same.
4. Contrary to this, on behalf of the Petitioners, it is stated that there is no
proper cleanliness in the entire area, facilities are not available, unauthorized
construction is going on free of any check and even the Council is
sanctioning the plans without applying its mind to the consequences resulting
from inadequate infrastructure. This is causing hazard, besides other diseases
which are prevalent because of nonavailability of proper facilities. It is also
contended by the Council that the hills are being cut for the purpose of
construction despite restriction in law from doing any damage to the hills
located in the area of Lonavala.
5. Be that as it may, it is not necessary for us to go into the merits or
otherwise of these contentions at this stage. Admitted position before us is
that there are unchecked, unauthorized constructions being raised in this
area. Further, the area lacks facilities of all kind and there is great
inconvenience and nuisance being created by loitering and throwing the waste
every where particularly in front of the hospitals, public places, etc. Some of
the photographs have also been placed on record. In view of this, as an
interim measure, we issue the following directions :-
(a) No unauthorized construction would be permitted in any part of
the revenue estate of Lonavala and the Council shall take proper
action against the unauthorized structures which have already been
constructed. All authorities including the police are directed to ensure
that no unauthorized structure comes up in that area and the action
taken by the Council is taken to its logical end in relation to the
unauthorized construction.
(b) The Council shall keep due regard when considering sanction or
decline sanction of the plans submitted to it for consideration of the
lack of infrastructure. It shall also ensure that the impact on existing
infrastructure shall also be considered and if, in the opinion of the
experts, the infrastructure is incapable of taking the load, we expect
the Council to defer such decision till infrastructure is provided.
(c) The treatment plan which is admittedly nonfunctional as of now,
shall be made operative without fail within two weeks from today. The
Council shall also take appropriate measures for proper maintenance
of the plant and also take such steps so that in future atleast the only
sewerage plant available is not put out of order.
(d) An affidavit shall be filed showing as to how they propose to treat
the domestic or other waste which will be collected from other Wards
except Ward “A”. The affidavit shall also deal with the proposed plan
of the Council for providing complete infrastructure, time required,
finance required and its source.
(e) Due evidence shall be produced on record to show the
status of the forest area as of today.
6. The Council, Departments of the Government and the Police shall ensure
that all these directions are complied with without any default.
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7. The State Government shall explain as to why it has not acquired and
placed at the disposal or allotted land to the Council for construction of water
tank, the demand for which was placed as alleged in the year 1999. We expect
the Government to take final decision in this regard and inform the Court on
the next date of hearing.
8) In pursuance of the order passed by this Court on
4 September 2008, it appears that steps were taken for demolition of
unauthorized structures on the government land. Petitioners however
complained that the Municipal Council was selectively taking action
only against smaller constructions not touching the large unauthorized
structures. When the petition came up on 29 January 2009, a Bench of
this Court expressed anguish at the information provided by the
Municipal Council about the action taken against unauthorized
constructions. Upon a stand being taken by the Municipal Council that
it did not have infrastructure and manpower to take action against all
unauthorized constructions, this Court directed Principal Secretary,
Urban Development Department to provide due assistance for
demolition of unauthorized structures by providing full infrastructure
and police aid to the Council. This Court again expressed dissatisfaction
in respect of the action taken by the Municipal Council vide order dated
12 February 2009 observing that the demolition carried out by the
Municipal Council was mere cosmetic. This Court imposed costs on the
concerned Chief Secretary of the Government of Maharashtra, as well
as the Chief Officer and Administrative Officer of the Municipal
Council.
9) When the petition came up on 12 March 2009, few practical
difficulties were highlighted by the Municipal Council in the areas of
lack of infrastructure and adequate staff to deal with some legal matters,
as well as pressure put on the Council by different authorities and
limited co-operation extended by other departments of the State. This
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Court therefore directed further interim measures by the order dated
12 March 2009 which read thus :-
We have heard learned Counsel appearing for the respective parties. The
affidavit on behalf of Lonavala Municipal Council has been filed. From the
said affidavit, it appears that the Council is making sincere effort to comply
with the orders of the Court and has actually demolished certain
unauthorised constructions. Learned Counsel appearing for the Council has
brought to our notice some practical difficulties which the Council is facing.
Inter alia, it is stated that there is a problem of infrastructure, lack of
adequate staff to deal with legal matters, pressure which is being put upon the
Council by different authorities and limited cooperation being extended by
other departments of the State.
2. In this affidavit, it has also been stated that 45 cases are pending in the
Courts wherein certain orders of injunction have been passed which are of
preventive nature and as such the Council is prevented from acting in
accordance with law. 152 cases are stated to be pending where the
applications have been made for regularisation of the constructions and 150
cases are pending where demolition is to be effected by the Council. These
statistics clearly show that there is lack of coordination in the governmental
functionaries and the Council is not properly pursuing its cases before the
Court of Competent jurisdiction. Two cases have been brought to our notice,
one being Regular Civil Suit No.91 of 2005 and the other being Regular Civil
Suit No.115 of 2006 where injunction orders were passed by the Court on 16 th
June, 2005 and 14th July, 2006 and these injunction orders are ex parte and are
in force till today. It is averred that the Council has not even filed its reply till
date. However, the learned Counsel appearing for the Council submits that he
does not have clear instructions in this regard. There are number of other
cases of the same kind. Certain glaring examples of unauthorised
constructions and violation of DC Regulations have been brought to our
notice. A case of Kumar Hotel is a glaring example of this kind where
unauthorised constructions have been raised and secondly the stilt portion
which admittedly can only be used for the purpose of parking is being used
for commercial purposes, i.e. for running of shops and/or games. This, even
according to the Council, is unauthorised use and we see no reason why the
Council should not take steps to stop such type of mis-user forthwith. All
other buildings which fall in the same class or mis-user of stilt portion should
also be looked into by the Council and action in that regard in accordance
with law be taken without any further delay. Faced with the above factual
matrix, it is necessary for this Court to issue certain directions which are to be
complied with by all the concerned authorities/Courts without any further
delay. Directions being ;
(a) The State Government shall sanction one post of Law Officer/Legal
Assistant for the Council forthwith. Even if the process of selection takes
certain time, the CEO should be permitted to make an ad hoc appointment
(purely temporary appointment) to meet emergency created in the present
case.
(b) The Council shall file its reply and written statements in all the cases
pending before the Civil Judge, Junior Division, Vadgaon, Pune, immediately.
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(c) The learned concerned Court is requested to take up all the 45 cases
mentioned in the affidavit of the Council with utmost expedition and ensure
that appropriate orders in accordance with law are passed within a period of
three months from today, at least finally disposing of Exhibit-5 ( i.e.
Applications for temporary injunction).
(d) Regular Civil Suit No.91 of 2005 and Regular Civil Suit No.115 of 2006
shall be heard by the concerned Court within a period of two weeks from
today and the order on temporary injunction applications shall be passed by
the concerned Court expeditiously. Copies of this order be sent to the
Registrar General of this Court immediately thereafter.
(e) We make it clear that various objections that are being raised before us
including maintainability of the suit are kept open to be dealt with by the
Court of Competent jurisdiction. The learned Civil Judge, Junior Division,
Pune, shall ensure compliance of order of this Court.
(f) The Municipal Council is hereby directed to dispose of 150 applications
filed by the concerned parties for regularisation of the unauthorised
constructions. This shall be divided into two groups. Firstly, unauthorised
constructions which have been raised on the Government land, while the
other being unauthorised constructions on the own land of the persons
concerned. All these applications shall be dealt with and disposed of in
accordance with law within a period of three weeks from today.
(g) As far as 150 cases where the Council has to effect demolition, the
Council shall carry out demolition of the unauthorised constructions fully
and in accordance with law without any further delay and report compliance
thereof to this Court on the next date of hearing.
(h) As all these cases are subject matter of the present Writ Petition, we are
hopeful that the learned Civil Judge, Junior Division, Vadgaon, would take
note of the pendency of this Writ Petition while dealing with the cases, if
filed before it, out of a list of 150 cases.
(i) The CEO as well as the Divisional Commissioner and Collector, Pune,
shall ensure that the cases of Council are properly represented before the
Courts of Competent jurisdiction.
(j) The Superintendent of Police of Pune (Rural) and all other concerned
authorities including the Divisional Commissioner, Collector of Pune and the
S. D. O. of Lonavala shall ensure that wherever Council has demolished
unauthorised structures, they are not permitted to reconstruct under any
circumstances or occupy without specific order of this Court.
(k) The learned Counsel appearing for the Council states that they will have
no objection if any of the Petitioners or their Counsel are duly represented at
the time of demolition on proper notice.
(l) These directions shall be complied with by all the concerned Authorities,
Departments of State, Council and the Police Authorities.
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(m) We make it clear that in the event of due compliance on the directions of
the Court, we grant liberty to the Secretary concerned to move for variation
or imposition of costs personally upon him. (n) We further make it clear that
in the event of default by any concerned Authority, the Court will be
compelled to impose personal costs on the defaulting officers/officials in
future. Let the Secretary concerned issue a circular in this regard as well as
send a copy of this order to all the concerned Authorities. Copy of this order
be sent to all the Civil Judges, Junior Division, Vadgaon, by the Registry
itself. The Registry to inform this order on fax, E-mail and on telephone to
the concerned learned Civil Judge, Junior Division, Vadgaon.
10) The monitoring by this Court of actions taken by the
Municipal Council for demolition of unauthorized constructions in
Lonavala-Khandala region continued and on account of intervention by
this Court, it appears that several unauthorized constructions in
Lonavala-Khandala region have been demolished from time to time.
11) In the meantime, Petitioners also highlighted the position
that several large sized authorized constructions were coming up on
Lonavala-Khandala regions putting a strain on infrastructure. Such
constructions were not per-se unauthorized but grant of permissions by
the Planning Authority for large scale constructions was putting
constraint on the then existing infrastructure facilities in the region. A
Bench of this Court passed order dated 28 February 2014 directing that
the Municipal Council sanctioning the development permissions must
have due regard not only to the planning norms in the Development
Control Regulations but also the availability of adequate infrastructure
facilities. Thus, apart from ensuring demolition of unauthorised
constructions, this Court also took up the issue of regulation of
authorised new constructions so as to ensure that new authorised
constructions are commensurate to the available infrastructure. It would
be apposite to reproduce the order dated 28 February 2014, which reads
thus :-
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1. Respondent No.1 seeks time till 14.03.2014.
2. Mr.DeVitre, the learned senior counsel appearing on behalf of the
petitioners and the petitioners in certain connected writ petitions state that
permissions are being granted for large scale construction activities contrary
to the previous orders of this Court. They seek a blanket stay on further
construction till the infrastructure is in place.
3. It is not necessary for us to even consider Mr.DeVitre’s application as the
previous orders are sufficient at this stage to take care of any unauthorized
construction or in fact any construction, which is detrimental to the
Lonawala & Khandala corporation. For instance by an order dated
04.09.2008, the Division Bench inter-alia passed the following directions :-
“(b) The Council shall keep due regard when considering sanction or
decline sanction of the plans submitted to it for consideration of the
lack of infrastructure. It shall also ensure that the impact on existing
infrastructure shall also be considered and if, in the opinion of the
experts, the infrastructure is incapable of taking the load, we expect
the Council to defer such decision till infrastructure is provided.”
4. It is necessary therefore, for the Council not merely to check whether the
plans for construction submitted by any party comply with the building
norms and regulations but also to ensure that the same are sanctioned only
after the previous orders of this Court have been complied with. Thus for
instance, the Council can sanction plans after having due regard to the
availability of adequate infrastructure. In the event of the Council sanctioning
any further plans, they shall also certify that they have done so having
considered all the orders passed in the writ petitions, including the said order
dated 04.09.2008. Such sanction shall for instance certify that the Council
considers the infrastructure to be adequate for the proposed construction.
Such an opinion in turn must also take into account the impact on the
existing infrastructure and the opinion of experts.
5. In the event of the Council sanctioning any further plans, they shall inform
the petitioner’s advocates and the advocates in Writ Petition No.214 of 2013
of their having do so forthwith. Liberty to apply.
6. We are informed that the experts have not been appointed to date. The
parties are at liberty to suggest the names of the experts, which shall be
considered at the next hearing.
7. Needless to say that the infrastructure projects undertaken by the Council
must proceed.
8. The pendency of these writ petitions will not prevent the Council from
taking any steps in respect of any plans that have been sanctioned contrary to
the previous orders of this Court. Respondent No.1 is also directed to file a
further affidavit, stating whether the previous orders of this Court have been
taken into consideration while approving the plans after the dates of the
respective orders.
(emphasis added)
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12) By order dated 29 April 2014, the Bench of this Court
admitted the PIL petition and continued various ad-interim orders
passed by the Court. However, this Court thought it appropriate to issue
further interim orders after perusal of the Affidavits filed by the
Municipal Council of Lonavala. After perusal of the affidavit filed on
22 February 2014, this Court concluded that (i) the Solid Waste
Management Rules, 2000 were not being implemented, (ii) there were
no proper underground drainage system, (iii) there was no proper storm
water drainage system, (iv) the water supply schemes proposed to be
undertaken were at a preliminary stage and (v) the scheme to provide,
develop, maintain and repair roads in the City of Lonavala were not
implemented as sanctioned funds had lapsed. This Court observed that
the Municipal Council was sanctioning large scale projects in the region
having enormous adverse impact on the infrastructure which was largely
inadequate. A suggestion was made by the Petitioners for constitution of
an Expert Committee for looking into the proposals submitted to the
Municipal Council for grant of development permissions. The
suggestion was opposed by the Municipal Council raising a plea that it
has the exclusive power under the provisions of the Maharashtra
Regional and Town Planning Act, 1966 (MRTP Act) to grant
development permissions. This Court, however observed that the
Municipal Council had miserably failed to perform its primary duties to
provide basic infrastructure in the City and directed constitution of
Expert Committee comprising of three members. It would be apposite
to reproduce order dated 29 April 2014 passed by this Court :-
Heard learned senior counsel appearing for the Petitioners, the learned
senior counsel appearing for the first Respondentthe Municipal
Council of Lonavala and the learned counsel appearing for the fifth
Respondent.
2. This Petition raises important issues regarding the infrastructures
available in the City of Lonavala which is a well known Hill Town. In fact,
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by the statements made in the affidavit dated 22nd February 2014 filed by
Shri Ganesh Shete, the Chief Officer of the first Respondent Municipal
Council of Lonavala. Hence, we issue Rule. The Advocates on record for the
first RespondentMunicipal Council of Lonavala and for the fifth Respondent-
the Maharashtra Jeevan Pradhikarn waive service. The learned AGP waives
service for the second to fourth Respondents.
3. There are various adinterim orders passed by this Court on various aspects.
The said adinterim orders will have to be continued. However, it will be
necessary to issue further directions by way of interim relief. The prayer
clause (a) of this Petition reads thus:
“(a) That this Hon’ble Court be pleased to issue a Writ of Mandamus,
or a Writ in the nature of Mandamus, or any other appropriate writ,
order or direction, directing,
(i) Respondent Nos.1, 2, 3 and 4 to implement all the
provisions of the Solid Wastes Management Rules by 30th
December 2007;
(ii) Ordering and Directing the Respondents 1, 2, 4 and 5 to
forthwith prepare a sewerage plan and a waste treatment plan
for the hill towns of LonavlaKhandala before December
2007, and implement the same in a specified time frame;
(iii) Ordering and directing the Respondents Nos.1, 2, 3, 4
and 5 to forthwith commission and make a hydrological/water
survey map of LonavlaKhandala and its adjoining areas and
allow future constructions only after consulting the said maps;
(iv) Ordering and Directing respondent Nos.1, 2, 4 and 5 to
provide a comprehensive water storage and supply plan, and
supply adequate and safe water for domestic
consumption to all its wards and residents;
(v) Ordering and directing the Respondent No.1 to
demolish all the illegal constructions in LonavlaKhandala.”
4. We have perused the affidavit dated 22nd February 2014 of Shri Ganesh
Shete, the Chief Officer of the Municipal Council of Lonavala. Clause (A)
of the said affidavit deals with the Plan of Implementation of Solid Waste
Management Rules, 2000 and the provisions of Drainage and Sewerage
System in the Town of Lonavala. As far as the underground sewerage system
is concerned, a tender which was earlier invited has been cancelled. It is
stated that now the revised estimate is submitted to the Maharashtra Jeevan
Pradhikaran for technical sanction. The said project has been sanctioned by
the State Government under the Maharashtra Suvarnajayanti Nagaruthan
Abhiyan. Thus, it is apparent that there is no proper underground sewerage
system which is in existence in the city. As regards the solid waste
management, it is stated that the Lonavala Municipal Council has only three
garbage compactors, five ghanta gadis, two tippers and one vacuum loader. It
also records that the Municipal Council does not have its own land fill site. A
proposal has been sent to the Collector of Pune for getting ownership of the
existing compost depot. After the ownership is conferred on the Municipal
Council, it will take steps for implementing the Solid Waste Management
Rules, 2000. Thus, as of today, it can be safely said that there is no
implementation of the Solid Waste Management Rules, 2000. Clause 4 of
the affidavit records that a DPR of storm water drainage has been
submitted to the State Government for getting the funds. Thus, even a
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proper storm water drainage scheme is not in place. Part B of the affidavit of
the Chief Officer deals with water supply schemes. Paragraph Nos.6 and 7 of
the affidavit indicate that even the water supply projects proposed to be
undertaken have made no progress. The Paragraph Nos.6 and 7 record that
the lands which are earmarked are not in possession of the
Municipal Council. Part C deals with development and maintenance of
roads. Paragraph Nos.8 to 15 of the said affidavit show very sad state of
affairs. The funds which were sanctioned for the work have lapsed and,
therefore, as of today, there is no comprehensive scheme to provide,
maintain, develop and repair roads in and around the City of Lonavala. The
affidavit shows that some progress has been made in the work of demolition
of the illegal structures.
5. Thus, from the affidavit of the Chief Officer of the Municipal
Council of Lonavala, it can be concluded that; (a) the Solid Waste
Management Rules, 2000 are not being implemented; (b) there is no proper
underground drainage system; (c) there is no proper storm water drainage
system; (d) the water supply schemes proposed to be undertaken are at a
preliminary stage; (e) the scheme to provide, develop, maintain and
repair roads in the City of Lonavala is not implemented as the
sanctioned funds have lapsed.
6. The first effective order in this Petition was passed by this Court on 4th
September 2008 which is quoted in the order dated 28th February 2014. The
paragraph Nos.4 to 6 of the order dated 28th February 2014 read thus:
“4. It is necessary therefore, for the Council not merely to
check whether the plans for construction submitted by any
party comply with the building norms and regulations but
also to ensure that the same are sanctioned only after the previous
orders of this Court have been complied with. Thus for instance,
the Council can sanction plans after having due regard to the
availability of adequate infrastructure. In the event of the
Council sanctioning any further plans, they shall also certify that
they have done so having considered all the orders passed in the
writ petitions, including the said order dated 04.09.2008. Such
sanction shall for instance certify that the Council considers the
infrastructure to be adequate for the proposed construction. Such
an opinion in turn must also take into account the impact on the
existing infrastructure and the opinion of experts.
5. In the event of the Council sanctioning any further plans,
they shall inform the petitioner’s advocates and the advocates in
Writ Petition No.214 of 2013 of their having do so forthwith. Liberty
to apply.
6. We are informed that the experts have not been appointed to date.
The parties are at liberty to suggest the names of the experts, which
shall be considered at the next hearing.”
7. The main grievance of the Petitioners is that though there is a complete
absence of basic infrastructure in the City of Lonavala, still the Municipal
Council has been sanctioning large scale commercial/housing projects
in the City of Lonavala.
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8. Going by the aforesaid affidavit of the Chief Officer himself, the action of
the Municipal Council of sanctioning such large scale projects in the hill town
of Lonavala will have enormous adverse impact on the City. It will put heavy
burden on the basic infrastructure in the City which is very inadequate.
Therefore, a suggestion has been made of constituting an expert committee
which will look into the proposals submitted to the Municipal Council
of Lonavala for grant of development permissions and which will also
look into the large scale projects sanctioned after 4th September 2008 where
the construction has made no progress. On the last date, the learned counsel
appearing for the Municipal Council of Lonavala had taken time
to take instructions. Today, he states that only the general body
of the Municipal Council can take appropriate decision.
9. The submission of the learned counsel appearing for the first Respondent
Municipal Council is that the first Respondent being the Planning Authority
has the exclusive power under the Maharashtra Regional and Town Planning
Act, 1966 to grant development permissions. On one hand, as we have
noticed earlier, the Municipal Council has miserably failed to perform its
primary duty to provide basic infrastructure in the City. On the other hand,
the Municipal Council wants to grant development permissions though the
basic infrastructure is not available in the City. Therefore, as suggested by the
Petitioners, we propose to constitute an expert committee consisting of the
following three members:
(i) Dr. S. Radhakrishnan, a Retired Judge of the High Court of
Judicature at Bombay;
(ii) Shri Vidyadhar Deshpande, Retired Director of Town
Planning, Pune; and
(iii) Shri Jagdish Joshi, Additional Chief Secretary, State of
Maharashtra.
10.The learned senior counsel appearing for the Petitioners states that the
Petitioners have obtained informal consent of all the three members of the
Committee which we propose to constitute. There is already a direction
issued in Clause (4) of the order dated 28 th February 2014 that while granting
any further development permission, the Municipal Council of Lonavala will
have to certify that it has done so after having considered all the orders
passed in the writ petition including the order dated 4 th September 2008. It is
provided that such sanction for development shall certify that the Municipal
Council considers the infrastructure to be adequate for the proposed
construction. The order also records that such an opinion must also take
into account the impact on the existing infrastructure and the opinion of the
experts. We propose to issue directions to the Municipal Council that if after
scrutiny of the application for development, the Municipal Council decides to
grant development permissions after certifying as aforesaid, before the
commencement certificate is issued, the Council will have to submit the
proposal along with its certification to the Committee of Experts. Only after
the Committee of Experts records its opinion that the development can be
carried out considering the existing infrastructure in the City, commencement
certificate can be issued by the Municipal Council. If the Committee of
Experts is of the view that the development permissions cannot be granted on
account of lack of infrastructure or likely to have adverse impact on the
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available infrastructure, the Municipal Council will not be entitled to issue
commencement certificate without seeking prior approval of this Court. The
Municipal Council of Lonavala will have to make available
adequate infrastructure/facilities to enable the members of the Committee of
Experts to discharge their duties.
11.The Municipal Council will have to identify the large scale commercial
projects like malls, housing complexes and bungalows, which were sanctioned
after the 4th September 2008 where no progress has been made in the work of
development. Even the files of the said proposals will have to be submitted to
the Committee of Experts. On the basis of the opinion of the Committee of
Experts, the Municipal Council will have to take action in accordance with
law.
12. The Committee of Experts shall be provided with a copy of this Petition
and all affidavits on record along with the copies of the orders passed by this
Court. It is obvious that the Committee of Experts will have to consider
whether the proposed projects will have any adverse impact on the existing
infrastructure in the City of Lonavala and whether proper infrastructure such
as roads, water supply, sewerage disposal, storm water drainage and parking
is available to the proposed project. It is obvious that the Committee of
Experts will take into consideration all these aspects and, therefore, it is not
necessary to issue detailed directions to the Committee of the experts.
13. The affidavit dated 22nd April 2014 refers to the proposal submitted by
the Municipal Council to the District Collector for making available a land
for establishing a land fill site. We propose to direct the Municipal Council to
submit a fresh proposal. We also propose to direct the Collector to take
appropriate decision within a timebound schedule.
14. We have already extensively referred to the affidavit of the Chief Officer
of the first Respondent as regards the infrastructure. The Chief Officer will
have to file an affidavit in this Court after every three months setting out the
progress made in the matter of providing infrastructure. We must note here
that there is an inordinate delay on the part of the Municipal Council of
Lonavala in taking steps. The Municipal Council will have to take
expeditious steps for the implementation of the Solid Waste Management
Rules, 2000, for providing underground drainage and sewerage system and
storm water drainage system. The Municipal Council also will have to
implement the scheme of development, maintenance and the repairs of the
existing roads. Even the issue of widening of the existing roads will have to
be considered.
15. We are informed that the hydrological survey map for Lonavala Region
has been already prepared. The Municipal Council will have to take steps for
modification of the development plan on the basis of the hydrological survey
map which is already prepared.
16. We make it clear that the directions which we propose to issue shall apply
to the area falling in the jurisdiction of the Lonavala Municipal Council.
17. Hence, we issue the following interim directions.
(a) The adinterim orders which are already passed and which are not
inconsistent with this order shall continue to operate till further orders;
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(b) We constitute a Committee of following Experts:
(i) Dr. S. Radhakrishnan, a Retired Judge of the High
Court of Judicature at Mumbai;
(ii) Shri Vidyadhar Deshpande, Retired Director of Town
Planning, Pune; and
(iii) Shri Jagdish Joshi, Retired Additional Chief Secretary
of the State of Maharashtra.
(c) We direct the Municipal Council of Lonavala to make available all
the infrastructure/facilities to the Committee at Lonavala such as an
office premises, computers, secretarial and other necessary staff. It is
obvious that the Municipal Council will have to make all
arrangements for transport of the members of the Committee and for
stay of the members of the Expert Committee at Lonavala. It is
obvious that all arrangements will be made by the Municipal Council
of Lonavala considering the status of the Members of the Committee;
(d) If on the basis of the applications for development which are
pending and which will be submitted hereafter, the Municipal Council
proposes to grant development permissions after recording
certification as provided in Clause 4 of the order dated 28th February
2014, the proposal along with the certification and necessary
documents shall be submitted by the Municipal Council to the
Committee of Experts. The Committee of Experts will examine the
proposals and will submit its opinion in writing to the Municipal
Council. Only if a favourable opinion is expressed by the Committee
that the Municipal Council will be entitled to issue a commencement
certificate. It will be also open for the Committee to suggest
modifications in the permission proposes to be granted by Municipal
Council and also to suggest incorporation of the additional terms and
conditions. If the committee disapproves the proposal, the Municipal
Council shall not grant commencement certificate without the prior
approval of this Court.
(e) If the Municipal Council does not agree with the opinion
expressed by the Committee of Experts, no action shall be taken by
the Municipal Council contrary to the opinion expressed by the
Committee without seeking prior approval of this Court.
(f) For the time being, as an interim arrangement, we direct the
Municipal Council to pay remuneration to each members of the
Committee at the rate of Rs.15,000/ per meeting. As stated earlier, all
arrangements will have to be made by the Municipal Council.
(g) The Municipal Council shall identify large scale
commercial/housing projects sanctioned by it after 4th September
2008 where there is no substantial progress made in the development.
The files of such approved projects shall be submitted by the
Municipal Council to the Committee of Experts.
(h) The Committee of Experts shall examine the said proposals
submitted by the Municipal Council and shall submit its opinion to
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the Municipal Council. The Municipal Council shall take necessary
action on the basis of the said opinion submitted by the committee of
Experts.
(i) We direct the Municipal Council to furnish copies of the Petition
and all affidavits on record of the Petition as well as copies of all the
orders passed by this Court to the members of the Committee of
Experts.
(j) We direct the Municipal Council to submit a fresh proposal to the
Collector for a grant of land to establish a land fill site. Such fresh
proposal shall be submitted within a period of four weeks from today;
(k) After a fresh proposal is received by the Collector, he shall process
the said proposal and take appropriate action on the said proposal
within a period of eight weeks from the date on which the proposal is
received;
(l) The Municipal Council shall take all possible steps to implement
the Solid Waste Management Rules, 2000, to provide proper
underground drainage system, to provide a proper storm water
drainage system, to establish the proposed Water Supply Schemes and
to implement scheme of development, maintenance, repairs as well as
widening of the existing roads. Expeditious steps shall be taken in
that behalf;
(m) In the light of what we have observed above, the Chief Officer of
the first Respondent Municipal Council shall file an affidavit setting
out the progress made in respect of the infrastructural work along with
the necessary supporting documents. First of such affidavit shall be
filed on or before 30th June 2014; Thereafter, the Chief Officer of the
first Respondent shall keep on filing further affidavits after expiry of
period of every three months;
(n) We direct the Municipal Council to nominate an officer or more
than one officers for the purposes of ascertaining whether any illegal
constructions are being carried out in the City of Lonavala; It will be
responsibility of the said officer or officers to keep a track of illegal
constructions and to ensure that necessary statutory action is initiated
for demolition of the illegal constructions;
(o) In the event the General Body of the first Respondent Municipal
Council of Lonavala has some reservations about any of the members
of the Expert Committee, it will be open for the Municipal Council to
make an application to this Court for modification of this order in
relation to the constitution of the Committee;
(p) We direct the Chief Officer to place the names of the Committee
of Experts before the General Body of the first Respondent Municipal
Council within a period of two months from today;
(q) Place this Public Interest Litigation under the caption of
“Directions” on 14th July 2014 for the purposes of considering
compliance;
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(r) The Petitioner will serve an authenticated copy of this order to the
Members of the Committee of Experts constituted by this Court.
13) Thus, by virtue of order dated 29 April 2014, a new
mechanism was created under which all proposals received by the
Municipal Council in respect of large scale/housing developments were
directed to be examined by the Committee. The Committee would then
submit its opinion in writing to the Municipal Council after considering
the issue as to whether grant of development permission for a particular
project would be compliant to the available infrastructure in the region.
Only if a favourable opinion is expressed by the Committee, the
Municipal Council has been empowered to issue Commencement
Certificate for the new projects. Even in respect of those projects which
were sanctioned after 4 September 2009 and where no substantial
construction progress was made, files of such approved projects were
also directed to be scrutinized by the Expert Committee for safety
measures to ensure that completion of such projects would not mar the
available infrastructure. Additionally, directions were also issued to take
all possible steps for implementation of Solid Waste Management Rules,
2000, for provision of underground drainage system, proper storm water
drainage system, establishment of proposed water supply scheme, as
well as to implement the scheme of development, maintenance, repairs
and widening of the existing roads. Thus, passing of order dated
29 April 2014 by this Court marked an important development where
the powers of the Municipal Council as Planning Authority to issue
development permissions was made subject to the opinion expressed by
the Expert Committee appointed by this Court.
14) By further order dated 14 August 2014, the order dated
29 April 2014 was modified and a three member Expert Committee was
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expanded to Five Member Committee by including President of the
Association of Practicing Engineers and Architects of Lonavala, as well
as a member of the Petitioner-Association as Members thereof. By order
dated 27 October 2016, the composition of the Expert Committee was
changed by replacing some of the members. Additionally, this Court
directed the Lonavala Municipal Council to create Grievance Redressal
Mechanism to enable the members of public to lodge complaints
regarding illegal constructions.
15) During pendency of the petition, the Chairman of the
Expert Committee, Dr. Justice S. Radhakrishnan passed away and by
order dated 30 April 2025, this Court has appointed Smt. Justice
Mridula Bhatkar, former Judge of this Court as Chairperson of the
Expert Committee. The petition is called out for final hearing.
16) We have heard Mr. DeVitre the learned Senior Advocate
appearing for the Petitioner. At the outset, he has fairly submitted that
the Expert Committee appointed by this Court and the Municipal
Council have been working in tandem to ensure that all large projects
are permitted only after ensuring that adequate infrastructure is available
in the region. He would also submit that some progress has been made
on the infrastructural front in the region. That the Solid Waste
Management Rules, 2000 are now being implemented by the Municipal
Council. So far as preparation of sewerage plant and waste treatment
plan is concerned, some steps are taken for implementation of the same
and there has been a partial implementation and a substantial progress.
Demolition of illegal constructions, which existed at the time of filing of
the petition, has largely been completed on account of various interim
orders passed by this Court. He would submit that on account of
appointment of Expert Committee by this Court, the development
activities in the region are largely controlled. He would therefore pray
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that the arrangement of processing of all development permissions after
obtaining opinion of the Expert Committee be continued in future so as
to ensure that the Municipal Council does not issue uncontrolled
permissions putting strain on the available infrastructure. He would
invite our attention to the provisions of the Municipal Councils Act,
particularly Section 49 thereof, in support of his contention that it is the
statutory duty of the Municipal Council to construct and maintain
public streets, drains, sewers etc. to provide for adequate water supply.
He would then invite our attention to the Notification dated
26 November 1996 issued by the Urban Development Department
sanctioning Special Regulations for development of Tourists Resorts,
Hotels /Townships in Hill Station Type Areas (Special Regulations). He
would submit that the said Special Regulations are formulated with the
aim of ensuring that the development activities in hill station areas are
controlled in such a manner that the ecology of the region is preserved.
He would complain that the State Government has not included
Lonavala-Khandala region in the list of hill stations, on account of
which the Special Regulations are not made applicable to the region of
Lonavala-Khandala. He would therefore submit that the State
Government be directed to include Lonavala-Khandala regions in the
list of hill stations for the purpose of applicability of the Special
Regulations. That regulating development in Lonavala-Khandala region
in accordance with the Special Regulations would lead to lot of
improvement in the region. He would submit that Lonavala-Khandala
region needs to be declared as an eco-sensitive zone. He would further
submit that the Unified Development Control Promotion Regulations
applicable to Pune Region exclude Lonavala-Khandala region and that
the development activities in the said region continues to be governed by
the building by-laws and Development Control Regulations formulated
at the time of preparation of development plan for Lonavala of 1996.
He would therefore submit that urgent steps are required to be taken to
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revise the development plan, as well as the Development Control
Regulations in such a manner that uncontrolled development activities
in the region are curbed and development permissions are granted
strictly having regard to the available infrastructure in the region.
Mr. DeVitre would accordingly pray for continuation of mechanism of
passing of every proposal for development permission for large scale
projects by the Expert Committee constituted by this Court.
17) Mr. Apte, the learned Senior Advocate appearing for
Respondent No.1-Lonavala Municipal Council would submit that the
Council has never treated the present petition as adversarial litigation.
That the Council has acted on various orders passed by this Court from
time to time and that lot of progress has been made at the ground level
though few problems still continue to persist. He would submit that the
Expert Committee appointed by way of judicial orders cannot be a
permanent solution to the problem and that the development activities
in the region must be allowed to be carried out in accordance with the
statutory scheme envisaged under the provisions of the MRTP Act.
That though the Municipal Council and the Committee have worked
hand in hand for the last over ten years, at the same point of time, the
Municipal Council must be permitted to issue development permissions
in accordance with the Development Control Regulations. That the
Municipal Council will have due regard to the available infrastructure in
the region before issuing any development permission. That all
suggestions made by the Petitioner-Association would always be kept in
mind and the Municipal Council is willing to take necessary assistance
from the Petitioner-Association in improving the infrastructure of
Lonavala-Khandala region. Lastly, Mr. Apte would submit that the
Municipal Council is contemplating preparation of a new development
plan and the work therefor is likely to commence in September 2025 and
by the next year, it is proposed that the new development plan and the
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modified Development Control Regulations would govern the
development activities in Lonavala-Khandala region. He would
therefore submit that the mechanism of processing all development
permission through opinion of Expert Committee needs to be
discontinued as there is substantial change in the fact situation. He
would therefore pray that the Committee constituted by the Court be
dissolved and the Municipal Council be permitted to process and issue
development permissions in accordance with the applicable
Development Control Regulations after having due regard to the
available infrastructure in the region.
18) We have also heard Mrs. Bhide, the learned Government
Pleader appearing for State who would submit that the State
Government has provided and would continue to provide the necessary
paraphernalia to the Municipal Council for the purpose of maintaining
the ecological balance while carrying out the development activities in
Lonavala-Khandala region. She would submit that all suggestions given
by the Petitioner-Association would be taken into consideration as and
when the Municipal Council prepares the new draft development plan
for regulating the development activities in the region.
19) We have given anxious consideration to the submissions
canvassed by the learned counsel appearing for the parties and have
gone through the various orders passed by this Court from time to time.
20) Lonavala-Khandala is a popular weekend getaway for cities
of Mumbai and Pune and the number of tourists visiting the same is
increasing with the passage of each day. If the ecology of the region is
not protected, the whole charm of Lonavala-Khandala region would be
lost. Therefore, necessary measures are required to be adopted to ensure
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that the ecology of the hill towns is maintained and is not destroyed by
uncontrolled development coupled with lack of requisite infrastructure.
21) At the time when the petition was filed, the region was
facing several problems of infrastructure which were repeatedly
highlighted in the newspapers. There was no proper system of garbage
collection and the Municipal Council had not implemented the Solid
Waste Management Rules. Rampant unauthorized constructions were
occurring thereby putting strain on sewerage and water supply facilities.
Non-collection of garbage was resulting in blockage of storm water
drains and leading to flooding. There is no dispute now, and in fact
Mr. DeVitre fairly concedes, that some progress has occurred in these
areas on account of various interim orders passed by this Court.
However, the petition cannot be kept pending forever monitoring the
activities of the Municipal Council. At some stage, the Municipal
Council and the State Government need to put a proper infrastructural
framework in place so as to ensure maintenance of ecology of the
region.
22) In our view, there are four broad issues which need to be
addressed in the petition while finally disposing off the same in view of
the developments that have occurred during pendency of the petition :-
(i) Making provisions for the requisite infrastructure for
Lonavala-Khandala region for water supply, sewerage, solid
waste management, roads etc.;
(ii) Taking action against unauthorized constructions in the
region.
(iii) Controlling and regulating the new constructions that
would occur henceforth in the region;
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(iv) Framing of Regulations which would govern the
development in the region.
23) So far as the first aspect of provision of necessary
infrastructure for residents and visiting tourists is concerned, it is the
statutory duty of the Municipal Council under Section 49 of the
Municipal Councils Act to provide, within its jurisdiction, the matters
enumerated therein. For facility of reference, provisions of Section 49
(1) and (2) of the Municipal Councils Act are extracted below :-
49. Duties and functions of the Council
(1) Except as otherwise provided in this Act, the municipal Government of a
municipal area shall vest in the Council.
(2) In addition to the duties imposed upon it by or under this Act or any other
law for the time being in force, it shall be the duty of every Council to
undertake and to make reasonable provision for the following matters within
the limits of the municipal area, and when effective measures cannot
otherwise be made then even outside the said limits, namely:-
(a) lighting public streets, places and buildings;
(aa) planning for social and economic development;
(ab) urban forestry, protection of the environment and promotion of
ecological aspects;
(b) watering public streets and places;
(c) cleansing public streets, places and sewers, and all spaces, not being
private property, which are open to the enjoyment of the public,
whether such spaces are vested in the Council or not removing
noxious vegetation and abating all public nuisances;
(d) maintenance of a fire-brigade equipped with suitable appliances for
extinguishing fires, and protection of life and property when fire
occurs;
(e) regulating or abating offensive or dangerous trades or practices;
(f) removing obstructions and protections in public streets or places
and in spaces, not being private property, which are open to the
enjoyment of the public, whether such spaces are vested in the
Council or in Government;
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(g) securing or removing dangerous buildings or places and reclaiming
unhealthy localities;
(h) acquiring and maintaining, changing and regulating places for the
disposal of the dead;
(i) constructing, altering and maintaining public streets, culverts
municipal boundary marks, markets, slaughter-houses, laterines,
privies, urinals, drains, sewers, drainage works, sewerage works, baths,
washing places, drinking fountains, tanks, wells, dams and the like;
(j) obtaining a supply or an additional supply of water, proper and
sufficient for preventing danger to the health of the inhabitants from
the insufficiency or unwholesomeness of the existing supply, when
such supply or additional supply can be obtained at reasonable cost;
(k) naming streets and numbering of premises;
(l) registering births and deaths;
(m)public vaccination;
(n) suitable accommodation for any calves, cows, or buffaloes required
within the municipal area for the supply of animal lymph;
(o) establishing and maintaining public dispensaries, and providing
public medical relief and organising [family planning centres and
promoting population control, family welfare and small family
normal;
(p) establishing and maintaining primary schools;
(q) printing such annual reports on the municipal administration of
the municipal area as the State Government by general or special
orders requires the Council to submit;
(r) erecting substantial boundary marks of such description and in
such position as shall be approved by the Collector, defining the limits
or any alteration in the limits of the municipal area;
(ra) converting dry latrines in the municipal area into wet latrines;
(s) disposing of night-soil and rubbish and if so required by the State
Government, preparation of compost manure from such night-soil
and rubbish;
(s-1a) ensuring that no person shall require or compel any other
person to carry, and no person shall carry, night-soil as a head-load for
removing it from one premises or place to any other premises or place,
or for disposal, in any part of the municipal area;
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(sa) taking such measures as the State Government may, from time to
time, direct for improvement of the living and working conditions of
the sanitary staff of the Council;
(sb) Welfare measures for the Scheduled Castes, Scheduled Tribes,
Vimukta Jatis and Nomadic Tribes who are residing within the limits
of the municipal area, and in particular taking such measures for the
amelioration of the conditions of these classes as the State
Government may, from time to time, direct;
(t) providing special medical aid and accommodation for the sick in
time of dangerous or communicable disease and taking such measures
as may be required to prevent the outbreak or to suppress and prevent
the recurrence of such disease:
(u) giving relief and establishing and maintaining rebel works in time
of scarcity or for destitute persons within the limits of the municipal
area;
(v) imposing compulsory taxes which are specified in section 105.
(emphasis added)
24) It is thus a statutory duty of the Municipal Council to
provide for facilities of water supply, sewerage, drainage, roads, solid
waste management etc. The Municipal Council is therefore bound to
make a provision for requisite infrastructure for the region. This Court
has already passed interim orders from time-to-time mandating
provision of requisite infrastructure in the region. The Municipal
Council has also been directed to implement Municipal Solid Waste
(Management and Handling) Rules, 2000 which again are binding on
the Municipal Council. We therefore trust and hope that Lonavala-
Khandala Municipal Council shall discharge its statutory obligations by
making available requisite infrastructure in the region.
25) So far as the second aspect of taking action against the
unauthorized construction in the region is concerned, the Municipal
Council apparently conducted special drives for demolition of
unauthorized constructions in the region in pursuance of various
interim orders passed by this Court during 2007 to 2009. By order dated
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27 October 2016, this Court has directed Lonavala Municipal Council to
create Grievance Redressal Mechanism to enable the public to lodge
complaints against illegal constructions. The Municipal Council has
been directed to take action even on anonymous complaints. After
receipt of complaints, the same are directed to be entered in a Register
and the Municipal Council has been directed to take prompt action
against the unauthorized constructions. We are informed that the
Grievance Redressal Mechanism has accordingly been set up in
accordance with interim directions issued by the Court on
27 October 2016. We accordingly hope and trust that the Municipal
Council shall take prompt steps in ensuring that unauthorized
construction are not effected and if carried out, prompt action is taken
for their demolitions.
26) So far as the third aspect of regulating the new
constructions in the region is concerned, both Mr. DeVitre and
Mr. Apte are ad idem that constitution of Expert Committee by this
Court has by and large achieved the object of controlling the
constructions in the region. The Expert Committee has ensured that the
constructions occurring in the region do not outweigh the existing
infrastructural facilities. Mr. DeVitre has strenuously pleaded for
continuation of mechanism of development proposals passing the
muster of the Expert Committee so as to ensure that future
constructions in the region are controlled. On the other hand, Mr. Apte
has opposed the suggestion submitting that the statutory framework
does not permit control of powers of the Planning Authority by any
external Committee. There can be no debate about the position that
construction activities need to be regulated by the Planning Authority in
accordance with the provisions of Regulations formulated under the
MRTP Act. Ordinarily, every Planning Authority is assisted by town
planning experts, architects and engineers to ensure that a city, town or a
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region is developed in a planned manner. The broad objective behind
proper town planning is to satisfy the need of future generations and to
prevent haphazard growth of urban agglomerations. While making a
development plan in respect of a city, town or a region, a balancing act
is performed to ensure that aspirations of residents for better housing is
balanced with the available infrastructure. When it comes to ecologically
sensitive areas, the town planning norms must have regard to the special
environmental needs of the region.
27) The scheme of the MRTP Act is such that it invests in the
Planning Authority necessary jurisdiction, power and authority to
permit, regulate and control development in a city, town or region. In
that sense, putting any restrictions on the powers of the Planning
Authority in the form of opinion of Court appointed Expert Committee
may fall outside the statutory framework of the MRTP Act. In the
present case, this Court was required to take extraordinary measure of
appointment of Expert Committee for examination of proposals for
new constructions in Lonavala-Khandala region after noticing that the
Municipal Council was issuing construction permissions in such a
manner that it was putting a strain on the available infrastructure. Both
sides agree that the Committee has done an excellent job in guiding the
Municipal Council in regulating the construction activity by having due
consideration to the available infrastructure. Thus, the planning function
of Municipal Council of ensuring growth of the region corresponding to
the available infrastructure was required to be partly performed by the
Court appointed Expert Committee during past 11 years. This
extraordinary measure was necessary to curb uncontrolled development
in the region.
28) Now that new constructions in the region have been carried
out corresponding to the available infrastructure, the time has come
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when the Municipal Council will have to take over the responsibility
which the Court appointed Expert Committee has performed during the
past 11 years. We are therefore not inclined to accept the suggestion
made by Mr. DeVitre that the Court appointed Expert Committee must
continue to function forever thereby monitoring the statutory planning
powers of the Municipal Council. At the same time, we do hope and
trust that the outdated development plan and the Development Control
Regulations governing constructions in Lonavala-Khandala region are
suitably modified so as to ensure that the future development in the
region corresponds to the existing infrastructural facilities. This aspect is
being dealt with in the latter part of the judgment. However, till the new
development plan is prepared and a new set of Development Control
Regulations are in place, the Court appointed Expert Committee must
be permitted to continue so as to ensure that the Municipal Council does
not issue construction permissions in accordance with the existing
Development Control Regulations without having any regard to the
available infrastructure in the region.
29) Coming to the last aspect of the DCRs which would
regulate new construction in the Lonavala-Khandala region, a
suggestion is given by Mr. DeVitre that the region needs to be included
in the list of hill stations for the purpose of application of Special
Regulations. In exercise of powers vested under the MRTP Act, the
State Government has formulated Special Regulations for development
of tourist resorts, holiday homes/township situated in hill station type
areas. The said Special Regulations are formulated taking into
consideration the realities in hilly terrains which are flocked by tourists
and where hotels, resorts, villas etc. are built on a large scale to meet the
requirement of the visiting tourists. The salient features of the Special
Regulations are that they mandate the owner of the land to provide for
the necessary infrastructure facilities such as water supply, sewerage etc.
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within the concerned site. Extra care is taken under the Special
Regulations to ensure that the development activities do not damage the
ecology and therefore land owners are mandated to submit Environment
Impact Assessment Report to the Government under the provisions of
the Environment Protection Act, 1986.
30) Mr. DeVitre has submitted that as of now, Lonavala-
Khandala region is not included in the list of hill stations and in that
sense the Special Regulations do not apply to the said region. This is
why he has urged that the State Government be directed to include
Lonavala-Khandala region in the list of hill stations so as to ensure that
the development activities in the region do not destroy its ecology. In
our view, this would lie in the realm of policy decision, in which this
Court would be loathe to enter. At the same time the State Government
needs to ensure that the ecology of Lonavala-Khandala region is not
marred by uncontrolled development activities. The State Government
has already ensured that the provisions of Unified Development Control
Permission Regulations (UDCPR) applicable to Pune Metropolitan
Region do not apply to Lonavala-Khandala region even though the said
region falls within the geographical limits of Pune Metropolitan Region
Development Authority (PMRDA). This conscious exclusion of
Lonavala-Khandala region from the application of UDPCR is an
important step to ensure that the town planning norms applicable to
Pune Metropolitan Region do not apply to Lonavala-Khandala region
so that the development activities in the region are controlled and
regulated in such a manner that the ecology of the hilly terrain is not
disturbed. However, the policy decision of inclusion of Lonavala-
Khandala region in the list of hill stations will have to be taken by the
State Government. This Court cannot issue any directions to the State
Government to include Lonavala-Khandala region in the list of hill
stations. However, it shall be open to the State Government to consider
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the suggestions made by the Petitioners and for that purpose, we
consider it appropriate to grant liberty to the Petitioners to make a
representation to the State Government for inclusion of Lonavala-
Khandala region in the list of hill stations for applicability of the Special
Regulations.
31) Since we are not issuing any directions for inclusion of
Lonavala-Khandala region in the list of hill stations for applicability of
Special Regulations, the next issue for consideration is about regulating
the development activities in the region. As of now, the construction
activities in the towns are regulated by the development plan prepared in
the year 1996 and the building by-laws and Development Control
Regulations made thereunder. Thus, the dated development plan and
Building By-laws continue to govern and regulate the development
activities of the region. As observed above, this Court was required to
step in by appointing Expert Committee so as to ensure that the
constructions in the region are carried out corresponding to the available
infrastructure. The very fact that this Court was required to appoint such
Expert Committee would clearly imply the current Building By-laws and
Development Control Regulations permit constructions in far excess of
the available infrastructure. With each new development project passing
through the scrutiny of Court appointed Expert Committee headed by a
retired Judge of this Court, it is ensured that the new constructions do
not put a strain on the existing infrastructural facilities. We have already
expressed view that the Court appointed Expert Committee cannot
regulate the construction activities in the region forever and someday the
State Government and the Municipal Council must ensure that the
Development Control Regulations updated in such a manner that new
developments are carried out corresponding to the available
infrastructural facilities. Since this Court is proposing to discontinue the
mechanism of Court appointed Expert Committee monitoring the
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construction activities in Lonavala-Khandala region, it needs to be
ensured that the existing DCRs are modified in such a manner that what
has been achieved during the past 11 years through the Court appointed
Expert Committee is now achieved in the form of the modified DCRs.
32) Appreciating the concern expressed by the Petitioner and by
this Court, Mr. Apte has fairly submitted that the Municipal Council is
already in the process of taking steps for preparation of a fresh
development plan for the region and that the process of preparation of
new development plan shall commence in September 2025. Preparation
of a new development plan involves a long process involving various
steps commencing from declaration of intention under Section 23 of the
MRTP Act, carrying out survey and existing land use map by the Town
Planning Officer under Section 25, preparation and publication of draft
development plan under Section 26, inviting suggestions and objections
to the draft development plan and grant of opportunity of hearing by
the Town Planning Committee, submission of draft development plan
alongwith the modifications and submission of report of the Town
Planning Committee to the State Government. It is only after these steps
are completed that the development plan finally gets sanctioned by the
State Government. It would thus take some time for preparation of new
development plan applicable to Lonavala Municipal Council. We hope
and trust that the Municipal Council as well as the State Government
shall have due regard to the concerns expressed in the present petition,
as well as to various interim orders passed by this Court and to the
present judgment while preparing the new development plan. The
Petitioners shall get an opportunity to give their suggestions and
objections during the preparation of the new development plan.
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preparation of new development plan, in our view, the existing
mechanism of processing of development proposals through Court
appointed Expert Committee can continue to operate till the new
development plan and the new Development Control Regulations are
sanctioned by the State Government. This would ensure that an
uncontrolled development based on existing dated DCRs does not occur
during the gap period.
34) In the light of the above discussion, we proceed to pass the
following order :-
(i) Lonavala Municipal Council and the State Government shall
take prompt steps to augment and improve the infrastructural
facilities in the Lonavala-Khandala region relating to provision
of water supply, solid waste management, sewerage, storm
water drainage system, maintenance, repairs and widening of
roads, etc.
(ii) Lonavala Municipal Council shall take action against
unauthorized constructions within its jurisdiction in
accordance with law both by identifying such constructions, as
well as by acting on complaints received on Grievance
Redressal Mechanism created vide order dated
27 October 2016.
(iii) Lonavala Municipal Council shall give wide publicity to the
Grievance Redressal Mechanism by publishing the same once
every quarter in local newspapers having wide circulation.
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take prompt steps in preparing new development plan
applicable to the jurisdiction of a Municipal Council and
formulate a fresh set of Development Control Regulations.
While doing so, the Municipal Council and the State
Government shall ensure that the new constructions in the
region are carried out strictly commensurate to the
infrastructural facilities.
(v) It would also be open to the State Government to consider
inclusion of Lonavala-Khandala region in list of hill stations
for the purpose of applicability of Special Regulations. The
Petitioner would be at liberty to make a representation to the
State Government for that purpose.
(vi) Until finalization of new development plan for Lonavala
Municipal Council, the existing mechanism created vide order
dated 29 April 2014 further modified vide order dated 14
August 2014 of seeking opinion of the Expert Committee shall
continue to operate.
(vii) The Expert Committee shall stand dissolved on the date of
finalization of the new development plan and formulation of
new Development Control Regulations.
35) With the above directions, the PIL petition is disposed of.
Page No.39 of 40 23 July 2025 ::: Uploaded on - 23/07/2025 ::: Downloaded on - 23/07/2025 22:10:13 ::: Neeta Sawant PIL-93-2007-FC 36) With disposal of the main Petition nothing would survive in
the Contempt Petition and Interim Applications and the same are
accordingly disposed of. Writ Petition No. 3840 of 2009 does not
survive in view of disposal of the PIL No. 93 of 2007 and the same is
also disposed of.
[SANDEEP V. MARNE, J.] [CHIEF JUSTICE]
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2025.07.23
21:01:39
+0530
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