Mumbai: Bombay High Court on Thursday refused to vacate its stay on the new development and construction work in the city. The HC had stayed the new development and construction work in February last year, owing to the civic body’s failure to set up a Solid Waste Processing Plant.
A Division Bench presided over by Justice Abhay Oka and Justice Chandrakant Bhadang was hearing a petition filed by the Maharashtra Chamber of Housing Industry. The petition sought vacating of the stay on grounds that it has caused a loss to the developers. The petition also claimed that if the stay is vacated then new buildings would be constructed and this will also enable them to sell flats to poor people at Rs 2 lakh.
After considering the submissions, Justice Oka said, “The affidavit of the civic body clearly indicates that it would be in no position to set up the solid waste processing plant in near future. The affidavit also shows that the civic body and the government have failed to demarcate or even identify a plot for a new dumping ground in Taloja area.”
The Bench noted that there has been a rise in the waste generation in the city and that failure of the authorities in even identifying a plot for a new dumping ground. “There is a continuous hike in the waste generated in Mumbai on a daily basis and the authorities have still not done anything. It may be noted that the civic body was already delayed by 12 years in setting up the plant. The conduct of the authorities show the gross breach of this court’s orders,” Justice Oka added.
The Bench refused to vacate its stay and clarified that it will not vacate the same unless the civic body sets up the plant.