Bombay High Court issues directions to curb uncontrolled construction in Lonavala-Khandala

The Bombay High Court on Wednesday issued a series of directions to improve civic infrastructure and rein in unregulated construction in the Lonavala-Khandala hill stations, a popular tourist spot in Mahrashtra. [Lonavala Khandala Citizens Forum and Anr v The Municipal Council of Lonavala and Ors]

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne directed the Maharashtra Government and the Lonavala Municipal Council to prepare a new development plan along with updated Development Control Rules.

Until this plan is finalized, all new construction will be overseen by an expert committee appointed by the High Court, the Bench said.

The Court passed the directions after taking note of the increasing environmental strain on the twin hill towns, a favorite weekend destination for the residents of Mumbai and Pune.

"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 that the ecology of the hill towns is maintained and is not destroyed by uncontrolled development coupled with lack of requisite infrastructure," it said.

To address the same, the Court issued a slew of directions.

It ordered the State and Municipal Council to take immediate steps to upgrade basic services like water supply, sewerage, solid waste disposal, storm water drainage and roads.

It also said the Municipal Council must continue cracking down on illegal constructions and use the existing grievance redressal mechanism.

The existing expert committee will continue to examine construction proposals until a new development plan and revised building rules are put in place.

The directions came in response to a public interest litigation (PIL) petition filed way back in 2007 by the Lonavala-Khandala Citizens Forum.

The residents’ group raised concerns over growing urbanisation, traffic congestion, pollution, garbage mismanagement, felling of trees and lack of proper sewage and water systems.

The PIL pointed out that during monsoons, the number of tourists often exceeds two lakh, putting enormous strain on the already weak infrastructure.

In the years following the PIL, the Court monitored the situation through regular hearings.

In April 2014, the High Court appointed a three-member expert committee, comprising a retired High Court judge Justice S Radhakrishnan, a former director of town planning and a retired additional chief secretary.

The panel was asked to vet all new large construction proposals before the Municipal Council could grant permission. This was in response to repeated findings that the Municipal Council was clearing projects without considering the region’s infrastructure limits.

While the Court acknowledged that the expert committee has done an "excellent job" over the past 11 years, it noted that the committee cannot continue indefinitely. It ruled that its oversight would remain in place until the new planning framework is officially adopted.

Senior Advocate Fredun DeVitre with advocate Nivit Srivastava, Sneha Patil and Bhavya R Shah appeared for Lonavala Khandala Citizens Forum.

Senior Advocate RS Apte with advocate Aniruddha Garge appeared for Lonavala Municipal Council.

Government Pleader Neha Bhide and Additional Government Pleaders OA Chandurkar, MB Pabale and GR Raghuwanshi appeared for the State.

[Read Judgment]