Bombay HC directs new development plan, prompt steps to improve infrastructure and regulate development in Lonavala-Khandala region
This includes the provision of water supply, solid waste management, sewerage, stormwater drainage systems, maintenance, repairs, and widening of roads. The court also directed the council to act against unauthorised constructions within its jurisdiction in Lonavala.
The High Court directed that the municipal council must publicise its grievance redressal mechanism and, along with the state formulate a fresh set of Development Control Regulations for the twin-hillstations.
This is to ensure that new constructions in the region are carried out strictly in accordance with the infrastructural facilities, the HC bench of Chief Justice Alok Aradhe and Justice Sandeep Marne directed while disposing of a Public Interest Litigation (PIL) filed by the Lonavala Khandala Citizens Forum and applications filed by others.
"If the ecology of the region is not protected, the whole charm of the Lonavala-Khandala region would be lost," the judgment authored by Justice Marne observed.
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It added that measures must be adopted so "that the ecology of the hill towns is maintained and is not destroyed by uncontrolled development coupled with a lack of requisite infrastructure."
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The PIL, filed in 2007, sought to highlight the plight of the local residents of the Lonavala-Khandala region and aimed at improving the civic amenities and regulating the construction activities in the region, the High Court noted.
It sought to highlight activities occurring in the Lonavala-Khandala region that put a huge strain on infrastructural facilities like water supply, sewerage, solid waste management, roads, and traffic.
The twin hill stations, one of the most popular weekend getaways, are fast losing their charm due to rapid urbanisation and tourism. The High Court observed, "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 a regular feature of the otherwise scenic paradise, which started getting marred by uncontrolled constructions and lack of basic civic amenities.
" It noted that the PIL and proactive citizens sought to highlight how authorities "have abandoned duties of proper civic governance, which is in violation of the Right to Life under Article 21 of the Constitution of India, which includes the Right to a Clean and Healthy Environment."
Noting the "alarming situation," the PIL highlighted that the High Court passed various interim orders in 2007, and in 2008, a report submitted in court pointed to lacunas on the part of the civic administration over infrastructural aspects.
Following an order of April 2014, a new mechanism was created under which all proposals received by the Municipal Council in respect of large-scale developments were directed to be examined by an expert committee.
The High Court, after a detailed hearing and analysing the four main issues of requisite infrastructure, action under unauthorised constructions, controlling new construction, and necessary regulations to govern development in the region, directed that it would also be open to the state govt to consider the inclusion of the Lonavala-Khandala region in the 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 govt for that purpose.
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