A division bench of justices Anoop Mohta and AA Sayyed, while vacating the ban, observed: “For development of a city construction is necessary. The civic body has started taking some steps. The KDMC, MMRDA and State government can process applications for new construction.”
The Bombay High Court on Monday lifted the ban on new construction imposed last year in Kalyan Dombivli Municipal Corporation (KDMC) limit after it was pointed out that the civic body is taking steps to implement the municipal solid waste (MSW) rules at the dumping grounds in the area.
A division bench of justices Anoop Mohta and AA Sayyed, while vacating the ban, observed: “For development of a city construction is necessary. The civic body has started taking some steps. The KDMC, MMRDA and State government can process applications for new construction.”
The authorities have been directed to submit a status report in regards to the steps being taken for implementation of MSW rules by June 15. The court noted: “If it does not find satisfactory steps are being taken then it will pass appropriate orders and could impose the ban again.”
On April 30, 2015, the high court had imposed a ban on new construction within KDMC limits as it was pointed out that for years the corporation has not been following MSW rules at the dumping grounds causing heavy pollution in the air which leads to several illness to citizens. Further, the river Ulhas is also being polluted because of the dump reaching the river.
However, appearing for the corporation counsel Ashutosh Kumbhokoni informed that 40 awareness drives in 40 wards of the corporation have begun, where citizens are informed about segregation of waste.
Setting up of biogas plants will soon commence, by end of December 2017, a total of 30 biogas plants will be operational. The corporation has identified two new sites for dumping garbage where the dump will be scientifically treated.
It was also informed to the court that by December 2017, the Andharwadi dump in Kalyan will be shut where major part of dumping happens at present. It was also urged to the court to monitor the progress of the steps being taken for better implementation of MSW rules.
The court after considering the facts vacated the ban and directed the authorities to file their compliance reports. Recently the high court has banned any new construction in Mumbai because the Brihanmumbai Municipal Corporation failed to comply with MSW rules at its dumping grounds in Deonar and Mulund.
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