Saritha Selvan v. The State Of Maharashtra Thr Its Principal Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by SUNNY ANKUSHRAO THOTE Date:
2025.09.19 13:12:40 +0530 SUNNY ANKUSHRAO THOTE CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11972 OF 2025 Sarita Selvan
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Ms. Sneha Prabhu a/w Mr. Harsh Verdhan i/by Ms. Kinnari Mehta, Advocate for the Petitioner.
Ms. Savita Prabhune, AGP for Respondent Nos.1, 3 & 4/State. Ms. Jaya Bhgwe, Advocate for Respondent No.5/MPCB CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 18th SEPTEMBER, 2025 P.C. :- 1.
Leave to correct the description of Respondent Nos.4 and 5. Correction be carried out forthwith.
2.
A complaint has been lodged by the Petitioner to various Authorities indicating that the properties adjacent to the agricultural land of the Petitioner in Survey No.10/3/A, admeasuring 3455 sq. meters, Survey No.10/3/B, admeasuring 1344 sq. meters, Survey No.10/3/C, admeasuring 1550 sq. meters, Survey No.10/4/1,
admeasuring 3075 sq. meters, Survey No.10/5, admeasuring 705 sq. meters and Survey No.84, admeasuring 8527 sq. meters, at the Nayak Estate, Joveli Village, Badlapur East, Thane District, are flooded under the flow of sewage spilling from the buildings surrounding the said lands. Complaints have been specifically lodged with the Kulgaon-Badlapur Municipal Corporation, Maharashtra Pollution Control Board ('MPCB') through its Regional Office at Kalyan, and many other offices. 3.
The learned Advocate representing the MPCB submits that the projects/buildings have been constructed without obtaining the consent from the MPCB to establish and operate such projects. 4.
In view of the above, to simplify the issue and to ensure that effective steps are taken, we direct the District Collector, Thane to coordinate with the MPCB, Mumbai, the Chief Officer of the Kulgaon-Badlaupr Municipal Corporation and the Tahsildar, Ambarnath, for initiating appropriate steps for finding out the source of the seepage of the sewage into the lands of the Petitioner and order effective corrective steps by following the due procedure laid down in law. Since the MPCB has already issued a notice to the
Chief Officer of the Municipal Corporation and Jagannath Galaxy Cooperative Housing Society Ltd., we expect the Authorities to address the grievance take the issue to a logical end. 5.
With the above directions, this Writ Petition is disposed off.
6.
We direct that this disposed off Petition shall be listed on 15th October, 2025 to enable the District Collector, MPCB and the Kulgaon-Badlapur Municipal Corporation, to tender their compliance report.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)