Building Proposals Should Only Be Granted After Municipal Infrastructure Is Built, Deficient Amenities Affect Fundamental Rights: Bombay HC

The Bombay High Court has expressed deep concern over the lack of civic infrastructure and systematic planning in the Kulgaon-Badlapur Municipal area and directed the constitution of an Improvement Committee to provide recommendations for urban development. The Court held that improper planning and deficient civic amenities directly affect the fundamental rights of citizens to a clean and healthy environment, as guaranteed under the Constitution.

A Division Bench of Justice G. S. Kulkarni and Justice Arif S. Doctor was hearing a writ petition filed by Yashwant Anna Bhoir, an agriculturist, who complained that sewage from a large residential project was being discharged into his agricultural land, rendering it uncultivable. The petitioner also highlighted that untreated municipal sewage was being released into the Ulhas river due to the failure of the Kulgaon-Badlapur Municipal Council (KBMC) to provide basic sewage facilities.

“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 legislations entitling a right to healthy environment… 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 Court observed.

The Court observed that KBMC had permitted construction of multiple high-rise buildings without first ensuring the availability of essential civic facilities such as sewer lines, functional sewage treatment plants, drainage systems, and proper town planning. The Bench emphasized that development permissions should not be granted in the absence of core civic infrastructure.

“… 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,” the Court observed.

The Court invoked the polluter pays principle and awarded the petitioner ₹10 lakhs compensation to be paid by the developer. It also directed the developer to undertake remedial measures to prevent further sewage seepage into the petitioner's land. Additionally, the Court imposed costs of ₹50,000 on KBMC for its dereliction of duty.

Furthermore, the Court ordered the creation of an Improvement Committee within two weeks to prepare measures for urban planning for Kulgaon Badlapur Municipal Area. The Committee has been tasked with formulating a blueprint to transform Kulgaon-Badlapur into a model town comparable to Navi Mumbai.

The Bench also observed that civic amenities like sewer lines, treatment plants, and waste management systems are indispensable to urban life, and any deficiency in these areas gravely undermines the fundamental rights of citizens. It stressed that municipal bodies must adhere to the highest standards of planning and governance to ensure the citizens' right to a clean and pollution-free environment.

Case Title: Yashwant Anna Bhoir v. State of Maharastra & Ors. [Writ Petition No. 7404 of 2024]

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