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Bombay High Court Slams Badlapur Civic Body for Sewage Overflow, Orders Action Against Developer

Vivek G.

Bombay High Court blasts Badlapur civic body for allowing sewage overflow into farmland, orders swift action against developer and officials.

Bombay High Court Slams Badlapur Civic Body for Sewage Overflow, Orders Action Against Developer

Mumbai, Sept 19- The Bombay High Court came down heavily on the Kulgaon-Badlapur Municipal Council (KBMC) and a private builder after hearing a writ petition filed by Yashwant Anna Bhoir, a 60-year-old farmer from Thane district. Bhoir alleged that untreated sewage from a massive residential complex was spilling into his farmland and eventually reaching the Ulhas River.

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Background

Bhoir approached the court after repeated complaints to KBMC yielded no action. The builder, A Plus Lifespace, had constructed “Trishul Golden Ville,” a 444-flat high-rise without a proper sewer connection. Instead, a small septic tank served hundreds of residents. The tank overflowed, flooding Bhoir’s adjoining agricultural land and contaminating the soil. Expert reports appointed by the court confirmed that open drains carried waste straight into the Ulhas, violating pollution control laws.

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Court’s Observations

The division bench of Justices G.S. Kulkarni and Arif S. Doctor expressed shock that a fast-growing township lacked even basic sewer lines. “Such large city not having proper sewerage line as also not having a sewerage treatment plant… can never be tolerated,” the bench observed. It noted that the municipal council had issued an occupation certificate despite no sewage infrastructure, calling it a “gross abuse of environment laws.”

An expert report described Badlapur’s sanitation crisis as an “eye opener,” highlighting health hazards, river pollution, and damage to farmland. The Collector of Thane, after a court-directed inspection, confirmed that untreated effluent from the housing society was percolating into Bhoir’s land and ultimately into the Ulhas River.

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Decision

Allowing Bhoir’s petition, the court ordered immediate remedial action. The KBMC was directed to stop the sewage flow, finish roadside drainage near the society, and initiate disciplinary action against officials who cleared the project. The developer was warned of “exemplary damages” and told to install a proper sewage treatment system in compliance with environmental laws. The bench stressed that the right to a clean environment is part of citizens’ constitutional rights and fixed strict timelines for compliance.

Case Title:Yashwant Anna Bhoir v. State of Maharashtra & Others – Bombay High Court

Petitioner: Yashwant Anna Bhoir, 60-year-old agriculturist from Sonivali village, Badlapur (Thane District)

Respondents: State of Maharashtra, Kulgaon-Badlapur Municipal Council (KBMC), A Plus Lifespace (developer), and Trishul Golden Ville Co-operative Housing Society

Date of Judgment: 19 September 2025

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