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[Cites 9, Cited by 0]

Bombay High Court

Mitesh Dhanji Shah vs The Municipal Council Of Lonavla And ... on 23 July, 2025
2025:BHC-AS:30822-DB
Neeta Sawant PIL-93-2007-FC

THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

PUBLIC INTEREST LITIGATION NO. 93 OF 2007

Lonavala Khandala Citizens

Forum & Anr. .....Petitione

: Versus :
The Municipal Council of Lonavala
and Ors. ....Respondents

WITH
INTERIM APPLICATION NO. 2194 OF 2023
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007

Vinod Kumar Gangwal .... Applicant

In the matter between :

Lonavala Khandala Citizens

Forum & Anr. .....Petitione

: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents

WITH
CIVIL APPLICATION NO. 90 OF 2011
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007

Arun Krishnaji Dharap .... Applicant

In the matter between :

Lonavala Khandala Citizens

Forum & Anr. .....Petitione

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: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents

WITH
CIVIL APPLICATION NO. 122 OF 2009
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007

Kiran Narottamdas Merchant .... Applicant

In the matter between :

Lonavala Khandala Citizens

Forum & Anr. .....Petitioners

: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents

WITH
CIVIL APPLICATION NO. 42 OF 2009
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007

Mr. Shashikant Bhimrao

Jadhav and Ors. .... Applicants

In the matter between :

Lonavala Khandala Citizens

Forum & Anr. .....Petitioners

: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents

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 WITH
CIVIL APPLICATION NO. 48 OF 2009
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO.93 OF 2007

Mitesh Dhanaji Shah ....Applicant

In the matter between :

Lonavala Khandala Citizens

Forum & Anr. .....Petitioners

: Versus :
The Municipal Council of Lonavala
and Ors. .....Respondents

WITH
CIVIL APPLICATION NO. 49 OF 2009
(FOR INTERVENTION)
IN
PUBLIC INTEREST LITIGATION NO. 93 OF 2007

Shree Kutchi Visa Oswal Stanakwasi

Jain Mahajan Trust and Ors. .... Applicants

: Versus :

Lonavala Khandala Citizens

Forum & Ors. .....Respondents

WITH
WRIT PETITION NO. 3840 OF 2009

Devendrakumar Manikchand Tatiya .... Petitioner

:Versus:

Saida Irgan Goriwala and Ors. .... Respondents

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WITH
CONTEMPT PETITION NO. 292 OF 2012

Mr. Tilakdas Sudhakar Shetty ..... Petitioner

:Versus:

Yogesh Ramrao Godse and Ors. ..... Respondents

Mr. Fredun DeVitre, Senior Advocate with Mr. Nivit Srivastava,

Ms. Sneha Patil and Mr. Bhavya R. Shah, for the Petitioner in Public
Interest Litigation No.93 of 2007.

Ms. Gunjan Shah i/b Mr. P. B. Shah, for Petitioner in Writ Petition
No. 3840 of 2009.

Mr. R.S. Apte, Senior Advocate with Mr. Aniruddha A. Garge, for
Respondent No.1 in Public Interest Litigation No.93 of 2007.

Mrs. Neha S. Bhide, Government Pleader with Mr. O. A. Chandurkar,

Additional Government Pleader and Mr. M.B. Pabale, AGP for Respondent-
State in Public Interest Litigation No.93 of 2007.

Mrs. Neha S. Bhide, Government Pleader with Mrs. G. R. Raghuwanshi,

AGP for Respondent-State in Writ Petition No. 3840 of 2009.

Ms. Anjali S. Shinde i/by. Mr. Nitin P. Deshpande, for Applicant in Civil
Application No.122 of 2009.

CORAM : ALOK ARADHE, CJ. &

SANDEEP V. MARNE, J.

RESERVED ON : 17 July 2025.

PRONOUNCED ON : 23 July 2025.

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 JUDGMENT :

(Per Sandeep V. Marne, J.)

1) For several years, the twin hill station of Lonavala- Khandala has been the most popular
weekend getaway for residents of Mumbai and Pune, who look for quick breaks from the city
chaos. Tucked away in Sahyadri Range, this twin hill stations- just 5 kms apart- attracts lakhs
of tourists every year. During monsoon season, the region turns into misty paradise of
waterfalls, cloud covered roads and lush green trails. However, this weekend paradise is fast
losing its charm due to rapid urbanization and tourism. As the weekend getaway became
more and more popular, with the number of tourists on a given monsoon weekend crossing
two lakh, garbage heaps and blocked drainages became regular feature of the otherwise
scenic paradise, which started getting marred by uncontrolled constructions and lack of basic
civic amenities. This PIL Petition seeks to highlight the plight of the local residents of
Lonavala-Khandala Region and is aimed at improving the civic amenities and regulating the
construction activities in the region.

2) The Lonavala-Khandala Citizens Forum is an organisation formed by the residents of

Lonavala-Khandala towns. The region of Lonavala-Khandala is a part of ecologically sensitive
Western Ghats and used to receive annual rainfall of about 200 to 300 inches. The region has
five dams and five lakes, numerous springs, waterfalls and ponds. The rivers Indrayani and
Ulhas owe their origins to Lonavala-Khandala region. The hills around the twin hill stations
are green and forested and provide catchments for the lakes and rivers. In addition to the
local population, several residents of Mumbai and Pune own their villas, bungalows and
houses in Lonavala-Khandala region. The petition filed pro bono publico seeks to highlight the
uncontrolled development Page No.5 of 40 23 July 2025 ::: Uploaded on - 23/07/2025 :::
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Lonavala-Khandala region putting huge strain on infrastructural facilities like water supply,
sewerage, solid waste management, roads, traffic etc. The association of residents has filed the
present petition in the year 2007 seeking directions of this Court to regulate the construction
activities, for demolition of illegal constructions and for augmentation of the infrastructure
facilities in the region. The proactive citizens of Lonavala-Khandala region, who face civil
problems, seek accountability from the civic officials and government departments
complaining that they have abandoned duties of proper civic governance, which is in
violation of Right to Life under Article 21 of the Constitution of India, which includes Right to
Clean and Healthy Environment.
3) Municipal Council of Lonavala has been constituted under the provisions of the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (the
Municipal Councils Act) which is the second Respondent to the petition. The administrative
control over the Municipal Council is exercised by the Directorate of Municipal
Administration. The Municipal Council is entrusted with the duties of looking after civic
administration and regulate the development activities. In addition to the Municipal Council
of Lonavala being responsible for the civic facilities in the town of Lonavala, the Collector,
Pune District is also responsible for maintaining and providing the necessary infrastructure
facilities in the charming hill station of Lonavala-Khandala region. Petitioners complain that
the favourite weekend getaway for Mumbaikars and Punekars is marred by crumbling
infrastructure and suffers from problem of bad roads, flooding, vehicular pollution, felling of
trees, unauthorized constructions, garbage management, lack of adequate drinking water etc.
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4) The Lonavala-Khandala region comprises of approximately of an area of 120 sq.kms. At the

time, when the petition was filed the region had population of 60,000 to 70,000. The region is
located at a distance of 65 kms from Pune and about 100 kms from Mumbai. It is located at an
altitude of about 2,800 ft above the sea level. On account of proximity from metropolitan cities
of Mumbai and Pune, the region has become a popular weekend getaway for Mumbaikar and
Punekars. At one point of time, Lonavala and Khandala were charming hill stations and
according to the Petitioner, lack of apathy by the Respondents has resulted in loss of charm of
the twin hill stations of Lonavala-Khandala. During weekends, the region is visited by
approximately 10,000 cars and sometimes the total number of visitors during the weekends in
monsoon season exceed 2,00,000. Petitioners believe that the Respondent-Authorities have
failed to take effective steps to conserve the ecological balance of the region. The petition is
filed seeking following prayers :-

a] That this Hon'ble Court be pleased to issue a Writ of Mandamus, or a Writ in the
nature of Mandamus, or any other appropriate writ, order or direction, directing,

(i) Respondent No. 1,2,3 and 4 to implement all the provisions of the Solid Wastes
Management Rules by 30th December 2007;

(ii) Ordering and Directing the Respondents 1, 2, 4 and 5 to forthwith prepare a

sewerage plan and a waste treatment plan for the hill towns of Lonavla-Khandala before
December 2007, and implement the same in a specified time frame;

(iii) Ordering and directing the Respondents Nos 1,2, 3, 4 and 5 to forthwith commission
and make a hydrological / water survey map of Lonavla-Khandala and its adjoining
areas and allow future constructions only after consulting the said maps.

(iv) Ordering and Directing respondent No. 1.2, 4 and 5 to provide a comprehensive
water storage and supply plan, supply adequate and safe water for domestic
consumption to all its wards and residents;
 (v) Ordering and directing the Respondent No. 1 to demolish all the illegal constructions
in Lonavla-Khandala.

(B) Pending hearing and final disposal of this petition, Page No.7 of 40 23 July 2025 :::
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93-2007-FC (1) The Respondents 1, 2, 3, 4, and 5 be directed to prepare a hydrological
survey map of Lonavla;

(2) A committee of eminent experts be formed to investigate and report on the urgent and
immediate requirements of Lonavla- Khandala viz a viz its solid waste management
programme, supply of water for domestic consumption of its permanent residents, planned
sewerage collection, treatment and disposal, and measures for prevention of flooding and
water logging in the said two towns.

(3) The Respondent 1 be directed to stop supply of all water connections to areas outside the
jurisdiction of the Lonavla-Khandala Municipal Council;
(4) No new large residential / commercial constructions be allowed to be permitted in
Lonavla-Khandala, till the Respondents implement a sewerage plan, a garbage disposal plan,
and a water supply plan in the townships of Lonavla and Khandala.

(5) The Respondent No 1 be directed to furnish a list of all the illegal constructions in
Lonavala-Khandala.

(c) for ad interim reliefs in terms of prayer [B (1 to 5)] above.

(d) for costs of and incidental to this petition, and,

(e) for such further and other reliefs as the nature and circumstances of this case may require.

5) Taking note of the alarming situation which prevailed in the region when the PIL petition
was filed in the year 2007, this Court has passed series of interlocutory orders from time to
time to ensure curbing of rising problems in the region. We may make brief reference to some
of the interlocutory orders passed in the present Public Interest Litigation.
6) As early as on 18 October 2007, a Bench of this Court directed holding of meetings by the
Chief Officer of Lonavala Municipal Council for preparation of proposed plan to address
urgent issues affecting day to day living of the residents. The Court directed filing of a report
based on outcome of the meeting. On 31 January 2008, the report prepared by the Director,
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which pointed out lacunas on the part of the Municipal Council in respect of the
infrastructural activities of water supply, sewerage, garbage collection etc. The requisite steps
for addressing the issues were spelt out in the report. By order dated 31 January 2008, this
Court directed that the Chief Officer of the Municipal Council, as well as the Secretary of the
concerned Department to look into the report and take appropriate steps for implementation
of the recommendations of the report. This Court directed that it would be the personal
responsibility of the Chief Officer to comply with the order of the Court by taking all corrective
measures for ensuring health of the residents.
7) On 24 April 2008, this Court took note of the Affidavit in Rejoinder filed by the Petitioner
indicating complete inaction on the part of the concerned authorities. Personal presence of the
Chief Officer was accordingly ordered. On 4 September 2008, the Bench of this Court passed a
detailed interim order directing various interim measures. It would be appropriate to
reproduce the order dated 4 September 2008 which reads thus :-
The learned Counsel appearing for the Respondent No.1 Municipal Council of Lonavala,
upon instructions from (i) Sunil Lahane, Chief Officer, (ii) Nitin Anagal, Municipal
Engineer and (ii) Sanjay Kumbhar, Junior Engineer, Water Works), who are present in
Court, makes a statement that the infrastructure, like, sewerage, drainage, water supply,
electric supply, development of roads and mechanism to treat domestic or other waste
do not exist in the entire area of the said revenue estate. However, Ward "A" out of the
revenue estate, is the Ward where major part of the facilities are available. There is a
treatment plant where the entire domestic or other discharge is taken and is treated
before it is discharged into the river. Further, it is stated that this treatment plant is
presently not functioning and untreated waste is directly discharged into the river.
However, for remaining Wards of the entire revenue estate, there are no facilities.

2. In regard to the forest area, it is stated that 32% of the revenue estate has been
reserved as forest area. There is no encroachment or unauthorized construction in the
forest area. No plans are being sanctioned for construction in the forest area and it
remains unincluded from any public activity.

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3. It is also stated that there are number of unauthorized constructions in the entire
revenue estate of Lonavala, but the Council is not able to check the same because of lack
of man power and means at their disposal. Despite efforts of the Council occupants do
not use dustbins and throw waste all over the place. The Council is proposing to take
effective steps to control the same.
4. Contrary to this, on behalf of the Petitioners, it is stated that there is no proper
cleanliness in the entire area, facilities are not available, unauthorized construction is
going on free of any check and even the Council is sanctioning the plans without
applying its mind to the consequences resulting from inadequate infrastructure. This is
causing hazard, besides other diseases which are prevalent because of nonavailability of
proper facilities. It is also contended by the Council that the hills are being cut for the
purpose of construction despite restriction in law from doing any damage to the hills
located in the area of Lonavala.

5. Be that as it may, it is not necessary for us to go into the merits or otherwise of these
contentions at this stage. Admitted position before us is that there are unchecked,
unauthorized constructions being raised in this area. Further, the area lacks facilities of
all kind and there is great inconvenience and nuisance being created by loitering and
throwing the waste every where particularly in front of the hospitals, public places, etc.
Some of the photographs have also been placed on record. In view of this, as an interim
measure, we issue the following directions :-

(a) No unauthorized construction would be permitted in any part of the revenue estate
of Lonavala and the Council shall take proper action against the unauthorized structures
which have already been constructed. All authorities including the police are directed to
ensure that no unauthorized structure comes up in that area and the action taken by the
Council is taken to its logical end in relation to the unauthorized construction.

(b) The Council shall keep due regard when considering sanction or decline sanction of
the plans submitted to it for consideration of the lack of infrastructure. It shall also
ensure that the impact on existing infrastructure shall also be considered and if, in the
opinion of the experts, the infrastructure is incapable of taking the load, we expect the
Council to defer such decision till infrastructure is provided.

(c) The treatment plan which is admittedly nonfunctional as of now, shall be made
operative without fail within two weeks from today. The Council shall also take
appropriate measures for proper maintenance of the plant and also take such steps so
that in future atleast the only sewerage plant available is not put out of order.

(d) An affidavit shall be filed showing as to how they propose to treat the domestic or
other waste which will be collected from other Wards except Ward "A". The affidavit
shall also deal with the proposed plan of the Council for providing complete
infrastructure, time required, finance required and its source.
 (e) Due evidence shall be produced on record to show the status of the forest area as of
today.

6. The Council, Departments of the Government and the Police shall ensure that all these
directions are complied with without any default.

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7. The State Government shall explain as to why it has not acquired and placed at the disposal
or allotted land to the Council for construction of water tank, the demand for which was
placed as alleged in the year 1999. We expect the Government to take final decision in this
regard and inform the Court on the next date of hearing.
8) In pursuance of the order passed by this Court on 4 September 2008, it appears that steps
were taken for demolition of unauthorized structures on the government land. Petitioners
however complained that the Municipal Council was selectively taking action only against
smaller constructions not touching the large unauthorized structures. When the petition came
up on 29 January 2009, a Bench of this Court expressed anguish at the information provided
by the Municipal Council about the action taken against unauthorized constructions. Upon a
stand being taken by the Municipal Council that it did not have infrastructure and manpower
to take action against all unauthorized constructions, this Court directed Principal Secretary,
Urban Development Department to provide due assistance for demolition of unauthorized
structures by providing full infrastructure and police aid to the Council. This Court again
expressed dissatisfaction in respect of the action taken by the Municipal Council vide order
dated 12 February 2009 observing that the demolition carried out by the Municipal Council
was mere cosmetic. This Court imposed costs on the concerned Chief Secretary of the
Government of Maharashtra, as well as the Chief Officer and Administrative Officer of the
Municipal Council.
9) When the petition came up on 12 March 2009, few practical difficulties were highlighted by
the Municipal Council in the areas of lack of infrastructure and adequate staff to deal with
some legal matters, as well as pressure put on the Council by different authorities and limited
co-operation extended by other departments of the State. This Page No.11 of 40 23 July 2025 :::
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FC Court therefore directed further interim measures by the order dated 12 March 2009 which
read thus :-
 We have heard learned Counsel appearing for the respective parties. The affidavit on
behalf of Lonavala Municipal Council has been filed. From the said affidavit, it appears
that the Council is making sincere effort to comply with the orders of the Court and has
actually demolished certain unauthorised constructions. Learned Counsel appearing for
the Council has brought to our notice some practical difficulties which the Council is
facing. Inter alia, it is stated that there is a problem of infrastructure, lack of adequate
staff to deal with legal matters, pressure which is being put upon the Council by
different authorities and limited cooperation being extended by other departments of
the State.

2. In this affidavit, it has also been stated that 45 cases are pending in the Courts wherein
certain orders of injunction have been passed which are of preventive nature and as
such the Council is prevented from acting in accordance with law. 152 cases are stated to
be pending where the applications have been made for regularisation of the
constructions and 150 cases are pending where demolition is to be effected by the
Council. These statistics clearly show that there is lack of coordination in the
governmental functionaries and the Council is not properly pursuing its cases before the
Court of Competent jurisdiction. Two cases have been brought to our notice, one being
Regular Civil Suit No.91 of 2005 and the other being Regular Civil Suit No.115 of 2006
where injunction orders were passed by the Court on 16 th June, 2005 and 14th July,
2006 and these injunction orders are ex parte and are in force till today. It is averred
that the Council has not even filed its reply till date. However, the learned Counsel
appearing for the Council submits that he does not have clear instructions in this regard.
There are number of other cases of the same kind. Certain glaring examples of
unauthorised constructions and violation of DC Regulations have been brought to our
notice. A case of Kumar Hotel is a glaring example of this kind where unauthorised
constructions have been raised and secondly the stilt portion which admittedly can only
be used for the purpose of parking is being used for commercial purposes, i.e. for
running of shops and/or games. This, even according to the Council, is unauthorised use
and we see no reason why the Council should not take steps to stop such type of mis-
user forthwith. All other buildings which fall in the same class or mis-user of stilt
portion should also be looked into by the Council and action in that regard in
accordance with law be taken without any further delay. Faced with the above factual
matrix, it is necessary for this Court to issue certain directions which are to be complied
with by all the concerned authorities/Courts without any further delay. Directions being
;

(a) The State Government shall sanction one post of Law Officer/Legal Assistant for the Council
forthwith. Even if the process of selection takes certain time, the CEO should be permitted to
make an ad hoc appointment (purely temporary appointment) to meet emergency created in
the present case.
(b) The Council shall file its reply and written statements in all the cases pending before the
Civil Judge, Junior Division, Vadgaon, Pune, immediately.

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(c) The learned concerned Court is requested to take up all the 45 cases mentioned in the
affidavit of the Council with utmost expedition and ensure that appropriate orders in
accordance with law are passed within a period of three months from today, at least finally
disposing of Exhibit-5 ( i.e. Applications for temporary injunction).

(d) Regular Civil Suit No.91 of 2005 and Regular Civil Suit No.115 of 2006 shall be heard by the
concerned Court within a period of two weeks from today and the order on temporary
injunction applications shall be passed by the concerned Court expeditiously. Copies of this
order be sent to the Registrar General of this Court immediately thereafter.
(e) We make it clear that various objections that are being raised before us including
maintainability of the suit are kept open to be dealt with by the Court of Competent
jurisdiction. The learned Civil Judge, Junior Division, Pune, shall ensure compliance of order
of this Court.

(f) The Municipal Council is hereby directed to dispose of 150 applications filed by the
concerned parties for regularisation of the unauthorised constructions. This shall be divided
into two groups. Firstly, unauthorised constructions which have been raised on the
Government land, while the other being unauthorised constructions on the own land of the
persons concerned. All these applications shall be dealt with and disposed of in accordance
with law within a period of three weeks from today.
(g) As far as 150 cases where the Council has to effect demolition, the Council shall carry out
demolition of the unauthorised constructions fully and in accordance with law without any
further delay and report compliance thereof to this Court on the next date of hearing.
(h) As all these cases are subject matter of the present Writ Petition, we are hopeful that the
learned Civil Judge, Junior Division, Vadgaon, would take note of the pendency of this Writ
Petition while dealing with the cases, if filed before it, out of a list of 150 cases.

(i) The CEO as well as the Divisional Commissioner and Collector, Pune, shall ensure that the
cases of Council are properly represented before the Courts of Competent jurisdiction.
(j) The Superintendent of Police of Pune (Rural) and all other concerned authorities including
the Divisional Commissioner, Collector of Pune and the S. D. O. of Lonavala shall ensure that
wherever Council has demolished unauthorised structures, they are not permitted to
reconstruct under any circumstances or occupy without specific order of this Court.

(k) The learned Counsel appearing for the Council states that they will have no objection if any
of the Petitioners or their Counsel are duly represented at the time of demolition on proper
notice.
(l) These directions shall be complied with by all the concerned Authorities, Departments of
State, Council and the Police Authorities.

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(m) We make it clear that in the event of due compliance on the directions of the Court, we
grant liberty to the Secretary concerned to move for variation or imposition of costs
personally upon him. (n) We further make it clear that in the event of default by any
concerned Authority, the Court will be compelled to impose personal costs on the defaulting
officers/officials in future. Let the Secretary concerned issue a circular in this regard as well as
send a copy of this order to all the concerned Authorities. Copy of this order be sent to all the
Civil Judges, Junior Division, Vadgaon, by the Registry itself. The Registry to inform this order
on fax, E-mail and on telephone to the concerned learned Civil Judge, Junior Division,
Vadgaon.

10) The monitoring by this Court of actions taken by the Municipal Council for demolition of
unauthorized constructions in Lonavala-Khandala region continued and on account of
intervention by this Court, it appears that several unauthorized constructions in Lonavala-
Khandala region have been demolished from time to time.
11) In the meantime, Petitioners also highlighted the position that several large sized
authorized constructions were coming up on Lonavala-Khandala regions putting a strain on
infrastructure. Such constructions were not per-se unauthorized but grant of permissions by
the Planning Authority for large scale constructions was putting constraint on the then
existing infrastructure facilities in the region. A Bench of this Court passed order dated 28
February 2014 directing that the Municipal Council sanctioning the development permissions
must have due regard not only to the planning norms in the Development Control Regulations
but also the availability of adequate infrastructure facilities. Thus, apart from ensuring
demolition of unauthorised constructions, this Court also took up the issue of regulation of
authorised new constructions so as to ensure that new authorised constructions are
commensurate to the available infrastructure. It would be apposite to reproduce the order
dated 28 February 2014, which reads thus :-
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Sawant PIL-93-2007-FC

1. Respondent No.1 seeks time till 14.03.2014.

2. Mr.DeVitre, the learned senior counsel appearing on behalf of the petitioners and the
petitioners in certain connected writ petitions state that permissions are being granted
for large scale construction activities contrary to the previous orders of this Court. They
seek a blanket stay on further construction till the infrastructure is in place.

3. It is not necessary for us to even consider Mr.DeVitre's application as the previous

orders are sufficient at this stage to take care of any unauthorized construction or in fact
any construction, which is detrimental to the Lonawala & Khandala corporation. For
instance by an order dated 04.09.2008, the Division Bench inter-alia passed the following
directions :-

"(b) The Council shall keep due regard when considering sanction or decline sanction of
the plans submitted to it for consideration of the lack of infrastructure. It shall also
ensure that the impact on existing infrastructure shall also be considered and if, in the
opinion of the experts, the infrastructure is incapable of taking the load, we expect the
Council to defer such decision till infrastructure is provided."

4. It is necessary therefore, for the Council not merely to check whether the plans for
construction submitted by any party comply with the building norms and regulations but also
to ensure that the same are sanctioned only after the previous orders of this Court have been
complied with. Thus for instance, the Council can sanction plans after having due regard to
the availability of adequate infrastructure. In the event of the Council sanctioning any further
plans, they shall also certify that they have done so having considered all the orders passed in
the writ petitions, including the said order dated 04.09.2008. Such sanction shall for instance
certify that the Council considers the infrastructure to be adequate for the proposed
construction. Such an opinion in turn must also take into account the impact on the existing
infrastructure and the opinion of experts.
5. In the event of the Council sanctioning any further plans, they shall inform the petitioner's
advocates and the advocates in Writ Petition No.214 of 2013 of their having do so forthwith.
Liberty to apply.

6. We are informed that the experts have not been appointed to date. The parties are at liberty
to suggest the names of the experts, which shall be considered at the next hearing.
7. Needless to say that the infrastructure projects undertaken by the Council must proceed.
8. The pendency of these writ petitions will not prevent the Council from taking any steps in
respect of any plans that have been sanctioned contrary to the previous orders of this Court.
Respondent No.1 is also directed to file a further affidavit, stating whether the previous orders
of this Court have been taken into consideration while approving the plans after the dates of
the respective orders.
(emphasis added)

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12) By order dated 29 April 2014, the Bench of this Court

admitted the PIL petition and continued various ad-interim orders passed by the Court.
However, this Court thought it appropriate to issue further interim orders after perusal of the
Affidavits filed by the Municipal Council of Lonavala. After perusal of the affidavit filed on 22
February 2014, this Court concluded that (i) the Solid Waste Management Rules, 2000 were not
being implemented, (ii) there were no proper underground drainage system, (iii) there was no
proper storm water drainage system, (iv) the water supply schemes proposed to be
undertaken were at a preliminary stage and (v) the scheme to provide, develop, maintain and
repair roads in the City of Lonavala were not implemented as sanctioned funds had lapsed.
This Court observed that the Municipal Council was sanctioning large scale projects in the
region having enormous adverse impact on the infrastructure which was largely inadequate.
A suggestion was made by the Petitioners for constitution of an Expert Committee for looking
into the proposals submitted to the Municipal Council for grant of development permissions.
The suggestion was opposed by the Municipal Council raising a plea that it has the exclusive
power under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (MRTP
Act) to grant development permissions. This Court, however observed that the Municipal
Council had miserably failed to perform its primary duties to provide basic infrastructure in
the City and directed constitution of Expert Committee comprising of three members. It would
be apposite to reproduce order dated 29 April 2014 passed by this Court :-

Heard learned senior counsel appearing for the Petitioners, the learned senior counsel
appearing for the first Respondentthe Municipal Council of Lonavala and the learned
counsel appearing for the fifth Respondent.
 2. This Petition raises important issues regarding the infrastructures available in the City
of Lonavala which is a well known Hill Town. In fact, the need for entertaining this
Public Interest Litigation is substantiated Page No.16 of 40

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Sawant PIL-93-2007-FC by the statements made in the affidavit dated 22nd February 2014 filed
by Shri Ganesh Shete, the Chief Officer of the first Respondent Municipal Council of Lonavala.
Hence, we issue Rule. The Advocates on record for the first RespondentMunicipal Council of
Lonavala and for the fifth Respondent- the Maharashtra Jeevan Pradhikarn waive service. The
learned AGP waives service for the second to fourth Respondents.

3. There are various adinterim orders passed by this Court on various aspects. The said
adinterim orders will have to be continued. However, it will be necessary to issue further
directions by way of interim relief. The prayer clause (a) of this Petition reads thus:

"(a) That this Hon'ble Court be pleased to issue a Writ of Mandamus, or a Writ in the
nature of Mandamus, or any other appropriate writ, order or direction, directing,

(i) Respondent Nos.1, 2, 3 and 4 to implement all the provisions of the Solid Wastes
Management Rules by 30th December 2007;

(ii) Ordering and Directing the Respondents 1, 2, 4 and 5 to forthwith prepare a

sewerage plan and a waste treatment plan for the hill towns of LonavlaKhandala before
December 2007, and implement the same in a specified time frame;

(iii) Ordering and directing the Respondents Nos.1, 2, 3, 4 and 5 to forthwith commission
and make a hydrological/water survey map of LonavlaKhandala and its adjoining areas
and allow future constructions only after consulting the said maps;

(iv) Ordering and Directing respondent Nos.1, 2, 4 and 5 to provide a comprehensive

water storage and supply plan, and supply adequate and safe water for domestic
consumption to all its wards and residents;

(v) Ordering and directing the Respondent No.1 to demolish all the illegal constructions
in LonavlaKhandala."

4. We have perused the affidavit dated 22nd February 2014 of Shri Ganesh Shete, the Chief
Officer of the Municipal Council of Lonavala. Clause (A) of the said affidavit deals with the
Plan of Implementation of Solid Waste Management Rules, 2000 and the provisions of
Drainage and Sewerage System in the Town of Lonavala. As far as the underground sewerage
system is concerned, a tender which was earlier invited has been cancelled. It is stated that
now the revised estimate is submitted to the Maharashtra Jeevan Pradhikaran for technical
sanction. The said project has been sanctioned by the State Government under the
Maharashtra Suvarnajayanti Nagaruthan Abhiyan. Thus, it is apparent that there is no proper
underground sewerage system which is in existence in the city. As regards the solid waste
management, it is stated that the Lonavala Municipal Council has only three garbage
compactors, five ghanta gadis, two tippers and one vacuum loader. It also records that the
Municipal Council does not have its own land fill site. A proposal has been sent to the Collector
of Pune for getting ownership of the existing compost depot. After the ownership is conferred
on the Municipal Council, it will take steps for implementing the Solid Waste Management
Rules, 2000. Thus, as of today, it can be safely said that there is no implementation of the Solid
Waste Management Rules, 2000. Clause 4 of the affidavit records that a DPR of storm water
drainage has been submitted to the State Government for getting the funds. Thus, even a Page
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the affidavit of the Chief Officer deals with water supply schemes. Paragraph Nos.6 and 7 of
the affidavit indicate that even the water supply projects proposed to be undertaken have
made no progress. The Paragraph Nos.6 and 7 record that the lands which are earmarked are
not in possession of the Municipal Council. Part C deals with development and maintenance of
roads. Paragraph Nos.8 to 15 of the said affidavit show very sad state of affairs. The funds
which were sanctioned for the work have lapsed and, therefore, as of today, there is no
comprehensive scheme to provide, maintain, develop and repair roads in and around the City
of Lonavala. The affidavit shows that some progress has been made in the work of demolition
of the illegal structures.

5. Thus, from the affidavit of the Chief Officer of the Municipal Council of Lonavala, it can be
concluded that; (a) the Solid Waste Management Rules, 2000 are not being implemented; (b)
there is no proper underground drainage system; (c) there is no proper storm water drainage
system; (d) the water supply schemes proposed to be undertaken are at a preliminary stage;
(e) the scheme to provide, develop, maintain and repair roads in the City of Lonavala is not
implemented as the sanctioned funds have lapsed.
6. The first effective order in this Petition was passed by this Court on 4th September 2008
which is quoted in the order dated 28th February 2014. The paragraph Nos.4 to 6 of the order
dated 28th February 2014 read thus:
"4. It is necessary therefore, for the Council not merely to check whether the plans for
construction submitted by any party comply with the building norms and regulations
but also to ensure that the same are sanctioned only after the previous orders of this
Court have been complied with. Thus for instance, the Council can sanction plans after
having due regard to the availability of adequate infrastructure. In the event of the
Council sanctioning any further plans, they shall also certify that they have done so
having considered all the orders passed in the writ petitions, including the said order
 dated 04.09.2008. Such sanction shall for instance certify that the Council considers the
infrastructure to be adequate for the proposed construction. Such an opinion in turn
must also take into account the impact on the existing infrastructure and the opinion of
experts.

5. In the event of the Council sanctioning any further plans, they shall inform the
petitioner's advocates and the advocates in Writ Petition No.214 of 2013 of their having
do so forthwith. Liberty to apply.

6. We are informed that the experts have not been appointed to date. The parties are at
liberty to suggest the names of the experts, which shall be considered at the next
hearing."

7. The main grievance of the Petitioners is that though there is a complete absence of basic
infrastructure in the City of Lonavala, still the Municipal Council has been sanctioning large
scale commercial/housing projects in the City of Lonavala.

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8. Going by the aforesaid affidavit of the Chief Officer himself, the action of the Municipal
Council of sanctioning such large scale projects in the hill town of Lonavala will have
enormous adverse impact on the City. It will put heavy burden on the basic infrastructure in
the City which is very inadequate. Therefore, a suggestion has been made of constituting an
expert committee which will look into the proposals submitted to the Municipal Council of
Lonavala for grant of development permissions and which will also look into the large scale
projects sanctioned after 4th September 2008 where the construction has made no progress.
On the last date, the learned counsel appearing for the Municipal Council of Lonavala had
taken time to take instructions. Today, he states that only the general body of the Municipal
Council can take appropriate decision.

9. The submission of the learned counsel appearing for the first Respondent Municipal Council
is that the first Respondent being the Planning Authority has the exclusive power under the
Maharashtra Regional and Town Planning Act, 1966 to grant development permissions. On
one hand, as we have noticed earlier, the Municipal Council has miserably failed to perform
its primary duty to provide basic infrastructure in the City. On the other hand, the Municipal
Council wants to grant development permissions though the basic infrastructure is not
available in the City. Therefore, as suggested by the Petitioners, we propose to constitute an
expert committee consisting of the following three members:
(i) Dr. S. Radhakrishnan, a Retired Judge of the High Court of Judicature at Bombay;

(ii) Shri Vidyadhar Deshpande, Retired Director of Town Planning, Pune; and

(iii) Shri Jagdish Joshi, Additional Chief Secretary, State of Maharashtra.

10.The learned senior counsel appearing for the Petitioners states that the Petitioners have
obtained informal consent of all the three members of the Committee which we propose to
constitute. There is already a direction issued in Clause (4) of the order dated 28 th February
2014 that while granting any further development permission, the Municipal Council of
Lonavala will have to certify that it has done so after having considered all the orders passed
in the writ petition including the order dated 4 th September 2008. It is provided that such
sanction for development shall certify that the Municipal Council considers the infrastructure
to be adequate for the proposed construction. The order also records that such an opinion
must also take into account the impact on the existing infrastructure and the opinion of the
experts. We propose to issue directions to the Municipal Council that if after scrutiny of the
application for development, the Municipal Council decides to grant development permissions
after certifying as aforesaid, before the commencement certificate is issued, the Council will
have to submit the proposal along with its certification to the Committee of Experts. Only after
the Committee of Experts records its opinion that the development can be carried out
considering the existing infrastructure in the City, commencement certificate can be issued by
the Municipal Council. If the Committee of Experts is of the view that the development
permissions cannot be granted on account of lack of infrastructure or likely to have adverse
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Council will not be entitled to issue commencement certificate without seeking prior approval
of this Court. The Municipal Council of Lonavala will have to make available adequate
infrastructure/facilities to enable the members of the Committee of Experts to discharge their
duties.

11.The Municipal Council will have to identify the large scale commercial projects like malls,
housing complexes and bungalows, which were sanctioned after the 4th September 2008
where no progress has been made in the work of development. Even the files of the said
proposals will have to be submitted to the Committee of Experts. On the basis of the opinion of
the Committee of Experts, the Municipal Council will have to take action in accordance with
law.

12. The Committee of Experts shall be provided with a copy of this Petition and all affidavits
on record along with the copies of the orders passed by this Court. It is obvious that the
Committee of Experts will have to consider whether the proposed projects will have any
adverse impact on the existing infrastructure in the City of Lonavala and whether proper
infrastructure such as roads, water supply, sewerage disposal, storm water drainage and
parking is available to the proposed project. It is obvious that the Committee of Experts will
take into consideration all these aspects and, therefore, it is not necessary to issue detailed
directions to the Committee of the experts.

13. The affidavit dated 22nd April 2014 refers to the proposal submitted by the Municipal
Council to the District Collector for making available a land for establishing a land fill site. We
propose to direct the Municipal Council to submit a fresh proposal. We also propose to direct
the Collector to take appropriate decision within a timebound schedule.
14. We have already extensively referred to the affidavit of the Chief Officer of the first
Respondent as regards the infrastructure. The Chief Officer will have to file an affidavit in this
Court after every three months setting out the progress made in the matter of providing
infrastructure. We must note here that there is an inordinate delay on the part of the
Municipal Council of Lonavala in taking steps. The Municipal Council will have to take
expeditious steps for the implementation of the Solid Waste Management Rules, 2000, for
providing underground drainage and sewerage system and storm water drainage system. The
Municipal Council also will have to implement the scheme of development, maintenance and
the repairs of the existing roads. Even the issue of widening of the existing roads will have to
be considered.
15. We are informed that the hydrological survey map for Lonavala Region has been already
prepared. The Municipal Council will have to take steps for modification of the development
plan on the basis of the hydrological survey map which is already prepared.
16. We make it clear that the directions which we propose to issue shall apply to the area
falling in the jurisdiction of the Lonavala Municipal Council.

17. Hence, we issue the following interim directions.

(a) The adinterim orders which are already passed and which are not inconsistent with this
order shall continue to operate till further orders;

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(b) We constitute a Committee of following Experts:

(i) Dr. S. Radhakrishnan, a Retired Judge of the High Court of Judicature at Mumbai;
(ii) Shri Vidyadhar Deshpande, Retired Director of Town Planning, Pune; and

(iii) Shri Jagdish Joshi, Retired Additional Chief Secretary of the State of Maharashtra.

(c) We direct the Municipal Council of Lonavala to make available all the
infrastructure/facilities to the Committee at Lonavala such as an office premises,
computers, secretarial and other necessary staff. It is obvious that the Municipal Council
will have to make all arrangements for transport of the members of the Committee and
for stay of the members of the Expert Committee at Lonavala. It is obvious that all
arrangements will be made by the Municipal Council of Lonavala considering the status
of the Members of the Committee;

(d) If on the basis of the applications for development which are pending and which will
be submitted hereafter, the Municipal Council proposes to grant development
permissions after recording certification as provided in Clause 4 of the order dated 28th
February 2014, the proposal along with the certification and necessary documents shall
be submitted by the Municipal Council to the Committee of Experts. The Committee of
Experts will examine the proposals and will submit its opinion in writing to the
Municipal Council. Only if a favourable opinion is expressed by the Committee that the
Municipal Council will be entitled to issue a commencement certificate. It will be also
open for the Committee to suggest modifications in the permission proposes to be
granted by Municipal Council and also to suggest incorporation of the additional terms
and conditions. If the committee disapproves the proposal, the Municipal Council shall
not grant commencement certificate without the prior approval of this Court.

(e) If the Municipal Council does not agree with the opinion expressed by the Committee
of Experts, no action shall be taken by the Municipal Council contrary to the opinion
expressed by the Committee without seeking prior approval of this Court.

(f) For the time being, as an interim arrangement, we direct the Municipal Council to
pay remuneration to each members of the Committee at the rate of Rs.15,000/ per
meeting. As stated earlier, all arrangements will have to be made by the Municipal
Council.

(g) The Municipal Council shall identify large scale commercial/housing projects
sanctioned by it after 4th September 2008 where there is no substantial progress made
in the development.
The files of such approved projects shall be submitted by the Municipal Council to the
Committee of Experts.

(h) The Committee of Experts shall examine the said proposals submitted by the Municipal
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Municipal Council. The Municipal Council shall take necessary action on the basis of the said
opinion submitted by the committee of Experts.

(i) We direct the Municipal Council to furnish copies of the Petition and all affidavits on record
of the Petition as well as copies of all the orders passed by this Court to the members of the
Committee of Experts.
(j) We direct the Municipal Council to submit a fresh proposal to the Collector for a grant of
land to establish a land fill site. Such fresh proposal shall be submitted within a period of four
weeks from today;
(k) After a fresh proposal is received by the Collector, he shall process the said proposal and
take appropriate action on the said proposal within a period of eight weeks from the date on
which the proposal is received;

(l) The Municipal Council shall take all possible steps to implement the Solid Waste
Management Rules, 2000, to provide proper underground drainage system, to provide a
proper storm water drainage system, to establish the proposed Water Supply Schemes and to
implement scheme of development, maintenance, repairs as well as widening of the existing
roads. Expeditious steps shall be taken in that behalf;

(m) In the light of what we have observed above, the Chief Officer of the first Respondent
Municipal Council shall file an affidavit setting out the progress made in respect of the
infrastructural work along with the necessary supporting documents. First of such affidavit
shall be filed on or before 30th June 2014; Thereafter, the Chief Officer of the first Respondent
shall keep on filing further affidavits after expiry of period of every three months;

(n) We direct the Municipal Council to nominate an officer or more than one officers for the
purposes of ascertaining whether any illegal constructions are being carried out in the City of
Lonavala; It will be responsibility of the said officer or officers to keep a track of illegal
constructions and to ensure that necessary statutory action is initiated for demolition of the
illegal constructions;

(o) In the event the General Body of the first Respondent Municipal Council of Lonavala has
some reservations about any of the members of the Expert Committee, it will be open for the
Municipal Council to make an application to this Court for modification of this order in
relation to the constitution of the Committee;
(p) We direct the Chief Officer to place the names of the Committee of Experts before the
General Body of the first Respondent Municipal Council within a period of two months from
today;
(q) Place this Public Interest Litigation under the caption of "Directions" on 14th July 2014 for
the purposes of considering compliance;

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(r) The Petitioner will serve an authenticated copy of this order to the Members of the
Committee of Experts constituted by this Court.

13) Thus, by virtue of order dated 29 April 2014, a new mechanism was created under which
all proposals received by the Municipal Council in respect of large scale/housing developments
were directed to be examined by the Committee. The Committee would then submit its
opinion in writing to the Municipal Council after considering the issue as to whether grant of
development permission for a particular project would be compliant to the available
infrastructure in the region. Only if a favourable opinion is expressed by the Committee, the
Municipal Council has been empowered to issue Commencement Certificate for the new
projects. Even in respect of those projects which were sanctioned after 4 September 2009 and
where no substantial construction progress was made, files of such approved projects were
also directed to be scrutinized by the Expert Committee for safety measures to ensure that
completion of such projects would not mar the available infrastructure. Additionally,
directions were also issued to take all possible steps for implementation of Solid Waste
Management Rules, 2000, for provision of underground drainage system, proper storm water
drainage system, establishment of proposed water supply scheme, as well as to implement the
scheme of development, maintenance, repairs and widening of the existing roads. Thus,
passing of order dated 29 April 2014 by this Court marked an important development where
the powers of the Municipal Council as Planning Authority to issue development permissions
was made subject to the opinion expressed by the Expert Committee appointed by this Court.
14) By further order dated 14 August 2014, the order dated 29 April 2014 was modified and a
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to Five Member Committee by including President of the Association of Practicing Engineers
and Architects of Lonavala, as well as a member of the Petitioner-Association as Members
thereof. By order dated 27 October 2016, the composition of the Expert Committee was
changed by replacing some of the members. Additionally, this Court directed the Lonavala
Municipal Council to create Grievance Redressal Mechanism to enable the members of public
to lodge complaints regarding illegal constructions.
15) During pendency of the petition, the Chairman of the Expert Committee, Dr. Justice S.
Radhakrishnan passed away and by order dated 30 April 2025, this Court has appointed Smt.
Justice Mridula Bhatkar, former Judge of this Court as Chairperson of the Expert Committee.
The petition is called out for final hearing.

16) We have heard Mr. DeVitre the learned Senior Advocate appearing for the Petitioner. At
the outset, he has fairly submitted that the Expert Committee appointed by this Court and the
Municipal Council have been working in tandem to ensure that all large projects are
permitted only after ensuring that adequate infrastructure is available in the region. He
would also submit that some progress has been made on the infrastructural front in the
region. That the Solid Waste Management Rules, 2000 are now being implemented by the
Municipal Council. So far as preparation of sewerage plant and waste treatment plan is
concerned, some steps are taken for implementation of the same and there has been a partial
implementation and a substantial progress. Demolition of illegal constructions, which existed
at the time of filing of the petition, has largely been completed on account of various interim
orders passed by this Court. He would submit that on account of appointment of Expert
Committee by this Court, the development activities in the region are largely controlled. He
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all development permissions after obtaining opinion of the Expert Committee be continued in
future so as to ensure that the Municipal Council does not issue uncontrolled permissions
putting strain on the available infrastructure. He would invite our attention to the provisions
of the Municipal Councils Act, particularly Section 49 thereof, in support of his contention that
it is the statutory duty of the Municipal Council to construct and maintain public streets,
drains, sewers etc. to provide for adequate water supply. He would then invite our attention to
the Notification dated 26 November 1996 issued by the Urban Development Department
sanctioning Special Regulations for development of Tourists Resorts, Hotels /Townships in Hill
Station Type Areas (Special Regulations). He would submit that the said Special Regulations
are formulated with the aim of ensuring that the development activities in hill station areas
are controlled in such a manner that the ecology of the region is preserved. He would
complain that the State Government has not included Lonavala-Khandala region in the list of
hill stations, on account of which the Special Regulations are not made applicable to the region
of Lonavala-Khandala. He would therefore submit that the State Government be directed to
include Lonavala-Khandala regions in the list of hill stations for the purpose of applicability of
the Special Regulations. That regulating development in Lonavala-Khandala region in
accordance with the Special Regulations would lead to lot of improvement in the region. He
would submit that Lonavala-Khandala region needs to be declared as an eco-sensitive zone.
He would further submit that the Unified Development Control Promotion Regulations
applicable to Pune Region exclude Lonavala-Khandala region and that the development
activities in the said region continues to be governed by the building by-laws and
Development Control Regulations formulated at the time of preparation of development plan
for Lonavala of 1996. He would therefore submit that urgent steps are required to be taken to
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07:38:15 ::: Neeta Sawant PIL-93-2007-FC revise the development plan, as well as the
Development Control Regulations in such a manner that uncontrolled development activities
in the region are curbed and development permissions are granted strictly having regard to
the available infrastructure in the region. Mr. DeVitre would accordingly pray for
continuation of mechanism of passing of every proposal for development permission for large
scale projects by the Expert Committee constituted by this Court.
17) Mr. Apte, the learned Senior Advocate appearing for Respondent No.1-Lonavala Municipal
Council would submit that the Council has never treated the present petition as adversarial
litigation. That the Council has acted on various orders passed by this Court from time to time
and that lot of progress has been made at the ground level though few problems still continue
to persist. He would submit that the Expert Committee appointed by way of judicial orders
cannot be a permanent solution to the problem and that the development activities in the
region must be allowed to be carried out in accordance with the statutory scheme envisaged
under the provisions of the MRTP Act. That though the Municipal Council and the Committee
have worked hand in hand for the last over ten years, at the same point of time, the Municipal
Council must be permitted to issue development permissions in accordance with the
Development Control Regulations. That the Municipal Council will have due regard to the
available infrastructure in the region before issuing any development permission. That all
suggestions made by the Petitioner-Association would always be kept in mind and the
Municipal Council is willing to take necessary assistance from the Petitioner-Association in
improving the infrastructure of Lonavala-Khandala region. Lastly, Mr. Apte would submit that
the Municipal Council is contemplating preparation of a new development plan and the work
therefor is likely to commence in September 2025 and by the next year, it is proposed that the
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Control Regulations would govern the development activities in Lonavala-Khandala region.
He would therefore submit that the mechanism of processing all development permission
through opinion of Expert Committee needs to be discontinued as there is substantial change
in the fact situation. He would therefore pray that the Committee constituted by the Court be
dissolved and the Municipal Council be permitted to process and issue development
permissions in accordance with the applicable Development Control Regulations after having
due regard to the available infrastructure in the region.
18) We have also heard Mrs. Bhide, the learned Government Pleader appearing for State who
would submit that the State Government has provided and would continue to provide the
necessary paraphernalia to the Municipal Council for the purpose of maintaining the
ecological balance while carrying out the development activities in Lonavala-Khandala region.
She would submit that all suggestions given by the Petitioner-Association would be taken into
consideration as and when the Municipal Council prepares the new draft development plan
for regulating the development activities in the region.

19) We have given anxious consideration to the submissions canvassed by the learned counsel
appearing for the parties and have gone through the various orders passed by this Court from
time to time.
20) 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.
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93-2007-FC that the ecology of the hill towns is maintained and is not destroyed by
uncontrolled development coupled with lack of requisite infrastructure.

21) At the time when the petition was filed, the region was facing several problems of
infrastructure which were repeatedly highlighted in the newspapers. There was no proper
system of garbage collection and the Municipal Council had not implemented the Solid Waste
Management Rules. Rampant unauthorized constructions were occurring thereby putting
strain on sewerage and water supply facilities. Non-collection of garbage was resulting in
blockage of storm water drains and leading to flooding. There is no dispute now, and in fact
Mr. DeVitre fairly concedes, that some progress has occurred in these areas on account of
various interim orders passed by this Court. However, the petition cannot be kept pending
forever monitoring the activities of the Municipal Council. At some stage, the Municipal
Council and the State Government need to put a proper infrastructural framework in place so
as to ensure maintenance of ecology of the region.
22) In our view, there are four broad issues which need to be addressed in the petition while
finally disposing off the same in view of the developments that have occurred during
pendency of the petition :-

(i) Making provisions for the requisite infrastructure for Lonavala-Khandala region for
water supply, sewerage, solid waste management, roads etc.;

(ii) Taking action against unauthorized constructions in the region.

(iii) Controlling and regulating the new constructions that would occur henceforth in the
region;

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(iv) Framing of Regulations which would govern the development in the region.
23) So far as the first aspect of provision of necessary infrastructure for residents and visiting
tourists is concerned, it is the statutory duty of the Municipal Council under Section 49 of the
Municipal Councils Act to provide, within its jurisdiction, the matters enumerated therein. For
facility of reference, provisions of Section 49 (1) and (2) of the Municipal Councils Act are
extracted below :-
 49. Duties and functions of the Council (1) Except as otherwise provided in this Act, the
municipal Government of a municipal area shall vest in the Council.

(2) In addition to the duties imposed upon it by or under this Act or any other law for the time
being in force, it shall be the duty of every Council to undertake and to make reasonable
provision for the following matters within the limits of the municipal area, and when effective
measures cannot otherwise be made then even outside the said limits, namely:-

(a) lighting public streets, places and buildings;

(aa) planning for social and economic development;

(ab) urban forestry, protection of the environment and promotion of ecological aspects;

(b) watering public streets and places;

(c) cleansing public streets, places and sewers, and all spaces, not being private property,
which are open to the enjoyment of the public, whether such spaces are vested in the
Council or not removing noxious vegetation and abating all public nuisances;

(d) maintenance of a fire-brigade equipped with suitable appliances for extinguishing

fires, and protection of life and property when fire occurs;

(e) regulating or abating offensive or dangerous trades or practices;

(f) removing obstructions and protections in public streets or places and in spaces, not
being private property, which are open to the enjoyment of the public, whether such
spaces are vested in the Council or in Government;

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(g) securing or removing dangerous buildings or places and reclaiming unhealthy localities;
(h) acquiring and maintaining, changing and regulating places for the disposal of the dead;
(i) constructing, altering and maintaining public streets, culverts municipal boundary marks,
markets, slaughter-houses, laterines, privies, urinals, drains, sewers, drainage works,
sewerage works, baths, washing places, drinking fountains, tanks, wells, dams and the like;
(j) obtaining a supply or an additional supply of water, proper and sufficient for preventing
danger to the health of the inhabitants from the insufficiency or unwholesomeness of the
existing supply, when such supply or additional supply can be obtained at reasonable cost;
(k) naming streets and numbering of premises;

(l) registering births and deaths;

(m)public vaccination;

(n) suitable accommodation for any calves, cows, or buffaloes required within the municipal
area for the supply of animal lymph;
(o) establishing and maintaining public dispensaries, and providing public medical relief and
organising [family planning centres and promoting population control, family welfare and
small family normal;

(p) establishing and maintaining primary schools;

(q) printing such annual reports on the municipal administration of the municipal area as the
State Government by general or special orders requires the Council to submit;

(r) erecting substantial boundary marks of such description and in such position as shall be
approved by the Collector, defining the limits or any alteration in the limits of the municipal
area;
(ra) converting dry latrines in the municipal area into wet latrines;

(s) disposing of night-soil and rubbish and if so required by the State Government, preparation
of compost manure from such night-soil and rubbish;
(s-1a) ensuring that no person shall require or compel any other person to carry, and no
person shall carry, night-soil as a head-load for removing it from one premises or place to any
other premises or place, or for disposal, in any part of the municipal area;

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(sa) taking such measures as the State Government may, from time to time, direct for
improvement of the living and working conditions of the sanitary staff of the Council;

(sb) Welfare measures for the Scheduled Castes, Scheduled Tribes, Vimukta Jatis and Nomadic
Tribes who are residing within the limits of the municipal area, and in particular taking such
measures for the amelioration of the conditions of these classes as the State Government may,
from time to time, direct;
(t) providing special medical aid and accommodation for the sick in time of dangerous or
communicable disease and taking such measures as may be required to prevent the outbreak
or to suppress and prevent the recurrence of such disease:

(u) giving relief and establishing and maintaining rebel works in time of scarcity or for
destitute persons within the limits of the municipal area;

(v) imposing compulsory taxes which are specified in section 105.

(emphasis added)
24) It is thus a statutory duty of the Municipal Council to provide for facilities of water supply,
sewerage, drainage, roads, solid waste management etc. The Municipal Council is therefore
bound to make a provision for requisite infrastructure for the region. This Court has already
passed interim orders from time-to-time mandating provision of requisite infrastructure in
the region. The Municipal Council has also been directed to implement Municipal Solid Waste
(Management and Handling) Rules, 2000 which again are binding on the Municipal Council.
We therefore trust and hope that Lonavala- Khandala Municipal Council shall discharge its
statutory obligations by making available requisite infrastructure in the region.

25) So far as the second aspect of taking action against the unauthorized construction in the
region is concerned, the Municipal Council apparently conducted special drives for demolition
of unauthorized constructions in the region in pursuance of various interim orders passed by
this Court during 2007 to 2009. By order dated Page No.31 of 40 23 July 2025 ::: Uploaded on -
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2016, this Court has directed Lonavala Municipal Council to create Grievance Redressal
Mechanism to enable the public to lodge complaints against illegal constructions. The
Municipal Council has been directed to take action even on anonymous complaints. After
receipt of complaints, the same are directed to be entered in a Register and the Municipal
Council has been directed to take prompt action against the unauthorized constructions. We
are informed that the Grievance Redressal Mechanism has accordingly been set up in
accordance with interim directions issued by the Court on 27 October 2016. We accordingly
hope and trust that the Municipal Council shall take prompt steps in ensuring that
unauthorized construction are not effected and if carried out, prompt action is taken for their
demolitions.
26) So far as the third aspect of regulating the new constructions in the region is concerned,
both Mr. DeVitre and Mr. Apte are ad idem that constitution of Expert Committee by this Court
has by and large achieved the object of controlling the constructions in the region. The Expert
Committee has ensured that the constructions occurring in the region do not outweigh the
existing infrastructural facilities. Mr. DeVitre has strenuously pleaded for continuation of
mechanism of development proposals passing the muster of the Expert Committee so as to
ensure that future constructions in the region are controlled. On the other hand, Mr. Apte has
opposed the suggestion submitting that the statutory framework does not permit control of
powers of the Planning Authority by any external Committee. There can be no debate about
the position that construction activities need to be regulated by the Planning Authority in
accordance with the provisions of Regulations formulated under the MRTP Act. Ordinarily,
every Planning Authority is assisted by town planning experts, architects and engineers to
ensure that a city, town or a Page No.32 of 40 23 July 2025 ::: Uploaded on - 23/07/2025 :::
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planned manner. The broad objective behind proper town planning is to satisfy the need of
future generations and to prevent haphazard growth of urban agglomerations. While making
a development plan in respect of a city, town or a region, a balancing act is performed to
ensure that aspirations of residents for better housing is balanced with the available
infrastructure. When it comes to ecologically sensitive areas, the town planning norms must
have regard to the special environmental needs of the region.
27) The scheme of the MRTP Act is such that it invests in the Planning Authority necessary
jurisdiction, power and authority to permit, regulate and control development in a city, town
or region. In that sense, putting any restrictions on the powers of the Planning Authority in the
form of opinion of Court appointed Expert Committee may fall outside the statutory
framework of the MRTP Act. In the present case, this Court was required to take extraordinary
measure of appointment of Expert Committee for examination of proposals for new
constructions in Lonavala-Khandala region after noticing that the Municipal Council was
issuing construction permissions in such a manner that it was putting a strain on the available
infrastructure. Both sides agree that the Committee has done an excellent job in guiding the
Municipal Council in regulating the construction activity by having due consideration to the
available infrastructure. Thus, the planning function of Municipal Council of ensuring growth
of the region corresponding to the available infrastructure was required to be partly
performed by the Court appointed Expert Committee during past 11 years. This extraordinary
measure was necessary to curb uncontrolled development in the region.

28) Now that new constructions in the region have been carried out corresponding to the
available infrastructure, the time has come Page No.33 of 40 23 July 2025 ::: Uploaded on -
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Municipal Council will have to take over the responsibility which the Court appointed Expert
Committee has performed during the past 11 years. We are therefore not inclined to accept the
suggestion made by Mr. DeVitre that the Court appointed Expert Committee must continue to
function forever thereby monitoring the statutory planning powers of the Municipal Council.
At the same time, we do hope and trust that the outdated development plan and the
Development Control Regulations governing constructions in Lonavala-Khandala region are
suitably modified so as to ensure that the future development in the region corresponds to the
existing infrastructural facilities. This aspect is being dealt with in the latter part of the
judgment. However, till the new development plan is prepared and a new set of Development
Control Regulations are in place, the Court appointed Expert Committee must be permitted to
continue so as to ensure that the Municipal Council does not issue construction permissions in
accordance with the existing Development Control Regulations without having any regard to
the available infrastructure in the region.
29) Coming to the last aspect of the DCRs which would regulate new construction in the
Lonavala-Khandala region, a suggestion is given by Mr. DeVitre that the region needs to be
included in the list of hill stations for the purpose of application of Special Regulations. In
exercise of powers vested under the MRTP Act, the State Government has formulated Special
Regulations for development of tourist resorts, holiday homes/township situated in hill station
type areas. The said Special Regulations are formulated taking into consideration the realities
in hilly terrains which are flocked by tourists and where hotels, resorts, villas etc. are built on
a large scale to meet the requirement of the visiting tourists. The salient features of the Special
Regulations are that they mandate the owner of the land to provide for the necessary
infrastructure facilities such as water supply, sewerage etc. Page No.34 of 40 23 July 2025 :::
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FC within the concerned site. Extra care is taken under the Special Regulations to ensure that
the development activities do not damage the ecology and therefore land owners are
mandated to submit Environment Impact Assessment Report to the Government under the
provisions of the Environment Protection Act, 1986.
30) Mr. DeVitre has submitted that as of now, Lonavala- Khandala region is not included in the
list of hill stations and in that sense the Special Regulations do not apply to the said region.
This is why he has urged that the State Government be directed to include Lonavala-Khandala
region in the list of hill stations so as to ensure that the development activities in the region do
not destroy its ecology. In our view, this would lie in the realm of policy decision, in which this
Court would be loathe to enter. At the same time the State Government needs to ensure that
the ecology of Lonavala-Khandala region is not marred by uncontrolled development
activities. The State Government has already ensured that the provisions of Unified
Development Control Permission Regulations (UDCPR) applicable to Pune Metropolitan Region
do not apply to Lonavala-Khandala region even though the said region falls within the
geographical limits of Pune Metropolitan Region Development Authority (PMRDA). This
conscious exclusion of Lonavala-Khandala region from the application of UDPCR is an
important step to ensure that the town planning norms applicable to Pune Metropolitan
Region do not apply to Lonavala-Khandala region so that the development activities in the
region are controlled and regulated in such a manner that the ecology of the hilly terrain is
not disturbed. However, the policy decision of inclusion of Lonavala- Khandala region in the
list of hill stations will have to be taken by the State Government. This Court cannot issue any
directions to the State Government to include Lonavala-Khandala region in the list of hill
stations. However, it shall be open to the State Government to consider Page No.35 of 40 23
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PIL-93-2007-FC the suggestions made by the Petitioners and for that purpose, we consider it
appropriate to grant liberty to the Petitioners to make a representation to the State
Government for inclusion of Lonavala- Khandala region in the list of hill stations for
applicability of the Special Regulations.
31) Since we are not issuing any directions for inclusion of Lonavala-Khandala region in the
list of hill stations for applicability of Special Regulations, the next issue for consideration is
about regulating the development activities in the region. As of now, the construction
activities in the towns are regulated by the development plan prepared in the year 1996 and
the building by-laws and Development Control Regulations made thereunder. Thus, the dated
development plan and Building By-laws continue to govern and regulate the development
activities of the region. As observed above, this Court was required to step in by appointing
Expert Committee so as to ensure that the constructions in the region are carried out
corresponding to the available infrastructure. The very fact that this Court was required to
appoint such Expert Committee would clearly imply the current Building By-laws and
Development Control Regulations permit constructions in far excess of the available
infrastructure. With each new development project passing through the scrutiny of Court
appointed Expert Committee headed by a retired Judge of this Court, it is ensured that the new
constructions do not put a strain on the existing infrastructural facilities. We have already
expressed view that the Court appointed Expert Committee cannot regulate the construction
activities in the region forever and someday the State Government and the Municipal Council
must ensure that the Development Control Regulations updated in such a manner that new
developments are carried out corresponding to the available infrastructural facilities. Since
this Court is proposing to discontinue the mechanism of Court appointed Expert Committee
monitoring the Page No.36 of 40 23 July 2025 ::: Uploaded on - 23/07/2025 ::: Downloaded on -
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Khandala region, it needs to be ensured that the existing DCRs are modified in such a manner
that what has been achieved during the past 11 years through the Court appointed Expert
Committee is now achieved in the form of the modified DCRs.

32) Appreciating the concern expressed by the Petitioner and by this Court, Mr. Apte has fairly
submitted that the Municipal Council is already in the process of taking steps for preparation
of a fresh development plan for the region and that the process of preparation of new
development plan shall commence in September 2025. Preparation of a new development
plan involves a long process involving various steps commencing from declaration of
intention under Section 23 of the MRTP Act, carrying out survey and existing land use map by
the Town Planning Officer under Section 25, preparation and publication of draft development
plan under Section 26, inviting suggestions and objections to the draft development plan and
grant of opportunity of hearing by the Town Planning Committee, submission of draft
development plan alongwith the modifications and submission of report of the Town Planning
Committee to the State Government. It is only after these steps are completed that the
development plan finally gets sanctioned by the State Government. It would thus take some
time for preparation of new development plan applicable to Lonavala Municipal Council. We
hope and trust that the Municipal Council as well as the State Government shall have due
regard to the concerns expressed in the present petition, as well as to various interim orders
passed by this Court and to the present judgment while preparing the new development plan.
The Petitioners shall get an opportunity to give their suggestions and objections during the
preparation of the new development plan.

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33) Since Lonavala Municipal Council is in the process of

preparation of new development plan, in our view, the existing mechanism of processing of
development proposals through Court appointed Expert Committee can continue to operate
till the new development plan and the new Development Control Regulations are sanctioned
by the State Government. This would ensure that an uncontrolled development based on
existing dated DCRs does not occur during the gap period.

34) In the light of the above discussion, we proceed to pass the following order :-

(i) Lonavala Municipal Council and the State Government shall take prompt steps to
augment and improve the infrastructural facilities in the Lonavala-Khandala region
relating to provision of water supply, solid waste management, sewerage, storm water
drainage system, maintenance, repairs and widening of roads, etc.

(ii) Lonavala Municipal Council shall take action against unauthorized constructions
within its jurisdiction in accordance with law both by identifying such constructions, as
well as by acting on complaints received on Grievance Redressal Mechanism created
vide order dated 27 October 2016.

(iii) Lonavala Municipal Council shall give wide publicity to the Grievance Redressal
Mechanism by publishing the same once every quarter in local newspapers having wide
circulation.
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(iv) Lonavala Municipal Council and the State Government shall

take prompt steps in preparing new development plan applicable to the jurisdiction of a
Municipal Council and formulate a fresh set of Development Control Regulations. While doing
so, the Municipal Council and the State Government shall ensure that the new constructions in
the region are carried out strictly commensurate to the infrastructural facilities.
(v) It would also be open to the State Government to consider inclusion of Lonavala-Khandala
region in list of hill stations for the purpose of applicability of Special Regulations. The
Petitioner would be at liberty to make a representation to the State Government for that
purpose.

(vi) Until finalization of new development plan for Lonavala Municipal Council, the existing
mechanism created vide order dated 29 April 2014 further modified vide order dated 14
August 2014 of seeking opinion of the Expert Committee shall continue to operate.

(vii) The Expert Committee shall stand dissolved on the date of finalization of the new
development plan and formulation of new Development Control Regulations.

35) With the above directions, the PIL petition is disposed of.

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36) With disposal of the main Petition nothing would survive in

the Contempt Petition and Interim Applications and the same are accordingly disposed of.
Writ Petition No. 3840 of 2009 does not survive in view of disposal of the PIL No. 93 of 2007
and the same is also disposed of.
 [SANDEEP V. MARNE, J.] [CHIEF JUSTICE]

Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2025.07.23
21:01:39
+0530

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