Yashwant Anna Bhoir v. State Of Maharashtra Through Its Principal Secretary And ORS.

Digitally signed by MEERA MAHESH JADHAV Date:

2025.12.22 17:00:28 +0530 1/7 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7404 OF 2024 Yashwant Anna Bhoir

...Petitioner

Versus

State of Maharashtra & ors

...Respondents

----- Ms Archana Shelar for Petitioner.

Mrs. M. P. Thakur, AGP for State/ Respondent Nos.1 to 3. Mr. Dinesh Adsule a/w Mr. Chinmay Bhole for Respondent No.4. ----- CORAM : G.S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE : 11th December, 2025.

P.C:

1.

The present proceedings are listed today in the backdrop of our order dated 21st November 2025, wherein this Court had, inter alia, recorded and directed as follows:

"10. In the aforesaid circumstances, we direct that an affidavit be filed by the Additional Collector, who is a member of the committee in regard to the immediate and urgent steps which would now be taken in pursuance of the orders passed by this Court and the timelines/bar chart for such proposed actions. A complete blueprint as to how the committee intends to proceed on the different issues of improvements and the stepwise plans proposed to be adopted be informed to the Court.

11. There is an urgent need to commission the Sewage Treatment Plant (STP) so that water pollution which is caused by the sewage being drained into the Ullhas river, is prevented. The affidavit to be filed shall also set out the compliances in regard to the steps which are being taken to bring about real/actual improvement to the existing conditions. Let the same be incorporated in a tabular form recording the steps that have been taken to stop the drainage being let into the river. If such steps are not taken to stop the sewage from being drained into the river, they are required to be taken immediately, and a compliance in that regard be placed on record on or before the returnable date."

2.

Today, Ms. Thakur, Learned AGP appearing on behalf of the State, has placed before us the 'Short Affidavit' of the Additional District Collector, Thane, to which is annexed a detailed roadmap/blueprint of the measures,

2/7 short-term as well as long-term, proposed to be implemented by the State Government to address the grave issues confronting the Kulgaon-Badlapur Municipal Area, as highlighted in our earlier orders dated 19th September 2025 and 7th October 2025. For ease of reference, the proposed steps are scanned and reproduced as follows:

3/7

4/7 After having gone through the above, we must first record our appreciation for efforts taken by the Additional Collector, Thane and, infact, by the committee. We are hopeful that, if these measures as proposed are implemented in letter and spirit, the serious concerns relating to town planning, environmental degradation, public health, and unauthorised constructions would be an eminent need of the hour, be meaningfully addressed.

3. However, we had vide our Order dated 6th August 2025 also appointed an

5/7 Expert, who submitted a technical report that suggested certain measures be taken to tackle the issues as more particularly highlighted in our previous orders. We find that some of these suggested measures do not find mention in the above reproduced roadmap, and hence it would be useful for the Additional District Collector, Thane and the Committee to consider and incorporate the same into the proposed action plan. The measures suggested by the Expert which do not find mention in the aforesaid roadmap/action plan are as follows :

a) Form a task force to address emergency situations involving sewage overflows and backups.

b) Take immediate action to prevent the sewage pollution that is entering into the agricultural lands, which can involve better sewage treatment practices, measures to avoid illegal discharge, promotion of sustainable farming practices, etc.

c) Mandatorize the grant of the Environmental Clearance for any construction project that exceeds 20,000 square metres. d) The town planning authorities, while granting NA permissions, must consider the status of adjoining lands.

4.

We also have before us today an Additional Compliance Affidavit filed by Respondent No. 4, i.e., the Chief Officer, Kulgaon-Badlapur Municipal Council. A perusal of the said Affidavit reveals that while the Municipal Council has acknowledged the existence of 438 illegal and unauthorised constructions/encroachments identified to date, it is also stated therein that as of today, no untreated sewage is being discharged into the Ulhas River. We, however, find it difficult to accept since the affidavit is conspicuously silent on what arrangements, if any, have been made for sewage disposal from these 438 illegal and unauthorised structures. No details are provided regarding temporary or alternative sewage management systems, nor is there any material placed on record to demonstrate that effluent from such constructions is not ultimately finding its way into the Ulhas River. We had in our decision in the

6/7 case of Subhadra Ramchandra Takle vs State of Maharashtra and ors.1 have set out how construction which was unauthorised was to be dealt with.

5. In light of the above, we direct the Additional District Collector, Thane, to place on record the action proposed to be taken in respect of the sewage disposal and more particularly from the 438 aforementioned unauthorised structures. Moreover, we direct the Additional District Collector, Thane, to also incorporate the measures as suggested by the Expert that was appointed by this Court vide Order dated 6th August 2025 in the detailed roadmap/blueprint of the measures proposed to be implemented.

6.

Considering the issues which have been highlighted by us in our previous orders, i.e., rampant unauthorised constructions, lack of basic sewerage infrastructure, and persistent environmental pollution of the Ulhas River, we find that it would be in the larger public interest to appoint an Amicus Curie to assist us. Hence, we appoint Mr. Shanay Shah, Advocate, to act as Amicus. The Advocates for the Petitioner shall supply a complete set of pleadings and relevant documents to the learned Amicus Curiae within one week, and extend all necessary assistance as may be required by the Learned Amicus.

7.

At this stage, Mr. Zaman Ali, who was present in Court, pointed out that the Hon'ble Supreme Court was also seized with the issue concerning pollution of the Ulhas river in certain proceedings taken by Vanashakti. Upon this being pointed out, we enquired with the learned counsel appearing on behalf of Respondent No. 4 as to why this fact was not brought to the notice of this Court earlier. Learned counsel for Respondent No. 4, however, stated that he was not aware of the said proceedings.

8.

Be that as it may, having regard to the overlapping environmental concerns and in order to ensure that this Court is fully assisted on all relevant aspects, we permit Mr. Zaman Ali to intervene on behalf of Vanshakti so as to 1 2025 SCC OnLine Bom 3848

7/7 assist the Court in the present proceedings, particularly on issues concerning river pollution and environmental compliance. 9.

Stand over to 19th January 2026, on which date the matter shall be listed for further consideration and monitoring of compliances. [ARIF S. DOCTOR, J.] [G.S. KULKARNI, J.]