Mumbai, Jan 28: Reiterating that no Occupancy Certificate (OC) can be granted without a functional Sewerage Treatment Plant (STP), the Bombay High Court on Tuesday strongly criticised the Kulgaon-Badlapur Municipal Council (KBMC) for failing to prevent untreated sewage from entering the Ulhas river.
Terming the civic actions an “eyewash”, the court warned of drastic consequences, including reconstituting the court-appointed monitoring committee.
Court hears plea on illegal constructions
A bench of Justices Ravindra Ghuge and Abhay Mantri was hearing a petition filed by a Badlapur resident alleging large-scale illegal constructions and unchecked discharge of untreated sewage into the river. The court expressed grave concern over environmental damage caused by what it described as systemic non-compliance by civic authorities.
“So sewage is still flowing into the river?” the bench asked at the outset. The petitioner’s counsel replied in the affirmative, citing a report by an architect approved by the High Court, which recommended immediate stoppage of sewage discharge.
Civic body’s claim questioned
The civic body, however, denied the allegations. Municipal counsel D.P. Adsule submitted that “no untreated sewage water is discharged into the Ulhas river”, relying on an affidavit filed by a civic officer. The claim was swiftly questioned by the bench.
“If nothing is going into the Ulhas river, then where is it going?” the judges asked, remarking, “Mother Earth will take everything in her fold and make it disappear.”
Concerns over unauthorised structures
The court sought specific answers on at least 438 unauthorised structures. When informed that many of them were tin sheds or temporary commercial structures without water supply, the bench pointed out contradictions in the affidavits. “You have said you found 438 structures. What steps have you taken?” it asked.
Referring to inspection data placed on record, the court noted that 95% of houses in the Kulgaon-Badlapur east area were discharging overflowing soak pit contents into open gutters or adjoining land. “People will die of disease,” the bench warned, adding that a seven- or eight-storey building “cannot possibly survive on septic tanks”.
Notices termed ‘eyewash’
Calling the notices issued by the municipal council “an eyewash”, the court said they failed to describe the nature or dimensions of unauthorised construction. “Instead of details, it merely mentions unauthorised structure or the name of the occupant,” the bench observed.
Terming such documents “disturbing”, the judges said the municipal officer who prepared them “should be transferred to Gadchiroli”.
Monitoring committee under scrutiny
The judges also came down heavily on the High Court–constituted committee (HCCC). “We constituted a committee to assist the court, not to hoodwink us,” the bench said, warning that it would disband the committee except the district collector, who chairs it, if non-compliance continues.
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Directions reiterated
Reiterating its earlier orders dated August 14, 2025, and January 19, 2026, the court held that buildings where STPs are mandatory cannot be granted OCs in the absence of functional sewage treatment facilities.
The district collector has been directed to take proactive steps, verify the functioning of STPs, and submit an independent report on whether sewage is being discharged into the Ulhas river.
The High Court has kept the matter for further hearing on February 10.
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