The Bombay High Court disposed of a Public Interest Litigation petition (PIL) addressing the strain on civic infrastructure in the ecologically sensitive Lonavala-Khandala region, a popular hill station near Mumbai and Pune. This long-pending PIL, filed by the Lonavala Khandala Citizens Forum in 2007, highlighted unauthorized construction, unchecked urban growth, and municipal failure to provide essential services like solid waste management, sewerage, and safe water, thereby jeopardizing the residents’ fundamental rights under Article 21.
The core complaint was that the Municipal Council continued to approve large-scale residential and commercial construction despite lacking basic urban infrastructure, and failed to enforce statutory duties under the Maharashtra Municipal Councils Act. Petitioners sought sweeping reliefs, including demolition of illegal structures, implementation of infrastructure schemes, a halt on new large constructions, and the appointment of an expert committee to vet all future development proposals.
The Bench comprising Chief Justice Alok Aradhe and Justice Sandeep V. Marne traced a history of earlier interim orders directing the Council to operationalize waste treatment plants, to halt and demolish unlawful constructions, and to link new planning permissions to infrastructure capacity. Recognizing that mere compliance with building norms was insufficient without assessing the burden on local amenities, the Court had established an external Expert Committee in 2014 to scrutinize major development proposals.
While petitioners urged continuation of the Court-appointed Committee’s oversight, municipal representatives submitted that the statutory Planning Authority must regain autonomous control over development approvals. The Court struck a balance by directing that the Committee’s role continue only until the Municipal Council finalizes and the government sanctions a revised development plan and updated Development Control Regulations tailored to the region’s ecological needs.
The Court reiterated the statutory duty of the Municipal Council under Section 49 of the Maharashtra Municipal Councils Act to provide and maintain essential urban services. It found that while some progress has been made, yet significant work remains. The Court also issued directions for awareness regarding the Grievance Redressal Mechanism to address concerns of local residents.
The Court declined to direct the government to declare Lonavala-Khandala a “hill station” subject to Special Regulations, considering it a policy decision reserved for the State Government, but granted liberty to the petitioners to make representations for the same.
The PIL was disposed of with all connected matters, marking a milestone in balancing environmental protection with developmental imperatives in ecologically vulnerable urban regions.
Appearances:Â
For Lonavala Khandala Citizens Forum (PIL No. 93/2007): Mr. Fredun DeVitre, Senior Advocate with Mr. Nivit Srivastava, Ms. Sneha Patil and Mr. Bhavya R. Shah
For Devendrakumar Manikchand Tatiya (WP No. 3840/2009): Ms. Gunjan Shah i/b Mr. P. B. Shah
For The Municipal Council of Lonavala (PIL No. 93/2007): Mr. R.S. Apte, Senior Advocate with Mr. Aniruddha A. Garge
For Respondent-State (PIL No. 93/2007): Mrs. Neha S. Bhide, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Mr. M.B. Pabale, AGP
For Respondent-State (WP No. 3840/2009): Mrs. Neha S. Bhide, Government Pleader with Mrs. G. R. Raghuwanshi, AGP
For Kiran Narottamdas Merchant (Civ. App. No. 122/2009): Ms. Anjali S. Shinde i/by. Mr. Nitin P. Deshpande