No OC without proper sewage system, says HC

MUMBAI: The Bombay High Court on Monday restrained civic bodies across Maharashtra from granting occupancy certificates (OCs) to buildings which do not have their own sewage treatment plants (STPs) or sewage pipelines connected to municipal drainage systems.

Bombay High Court (Anshuman Poyrekar/HT PHOTO)
Bombay High Court (Anshuman Poyrekar/HT PHOTO)

The order was delivered by a division bench of Justice Ravindra V Ghuge and Justice Abhay J Mantri, who also directed the state government to conduct a survey to pinpoint buildings that have no functional STPs or sewage pipelines connected to municipal drainage systems and take steps to blacklist the builders. The bench warned of action against municipal officers if the court comes across lapses in implementing the order.

The court passed the order on a petition filed by Yashwant Anna Bhoir, an agriculturist from Badlapur, complaining about discharge of sewage from an adjoining building into his property. He highlighted massive illegal constructions and encroachments within the Kulgaon Badlapur Municipal Corporation area.

One of Bhoir’s primary concerns was the absence of sewage lines and the non-operational sewage treatment plants in the area. As a result, he said, untreated sewage and filth was draining into the Ulhas River.

Taking stern note of the situation, the high court had appointed an expert committee last year to make recommendations to the corporation for appropriate town planning. On November 21, 2025, the high court directed the additional collector to take urgent steps and submit a blueprint on how the committee intends to proceed.

Later, on December 5, the high court once again directed the authorities to hold regular committee meetings in view of the “larger interest of public health and sanitation and a pressing need to address the illegalities in the town planning before it is too late”.

On January 16, Harishchandra Patil, additional district collector, Thane, and member of the expert committee, submitted an affidavit before the court. During the hearing on Monday, the court said the affidavit is just an “eyewash” and the authorities have failed to take any step “worthy of being recognised as steps in the right direction”.

“The time has come for the court to ensure that the authorities are made aware that their continued attempt to create an eye wash would assume the character of disobedience of the court’s orders,” it said.

The bench told the state that no structure would be granted an OC until it is in accordance with approved plans, building permissions and most importantly, until STPs are constructed for high-rise buildings. The matter has been posted for further hearing on January 28.

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