Bombay High Court rejects pleas of development works on hills

The Bombay High Court (HC) has rejected a bunch of petitions filed by housing societies and private developers, challenging a 2017 National Green Tribunal order and a subsequent resolution of the government, restraining any development work on hilltops and hill-slopes and 100 meters area surrounding hills. A division bench of Justice S C Dharmadhikari and Justice Anuja Prabhudessai while turning down the pleas said: "Conservation of ecology and environment and preventing damage to the same are but features of every development plan. Ecological imbalance and damage can be prevented by ensuring that there is neither breaking or cutting of hills, nor undertaking of such activity in or around the same by which there would be landslides, mudslides and rubble and debris can then fall from hill tops straight on roads or on dwelling houses."

The petitioners had argued that by issuing such a circular the government was interfering in the development plans of cities like Mumbai and Pune. The state government opposed the plea by saying that its circular is issued to serve in larger public interest.

The bench after going through the order and various Supreme Court judgment said: "The Government Resolution, taking a clue from the order and direction of the NGT, has cautioned the local and Planning Authorities that they must perform their statutory and constitutional duty and function by protecting the environment and ecology. It merely supplements what is already indicated in rules and regulations enabling the local bodies to control the development and construction activity. Hence, it is not an amendment to the Development Control Rules nor is it an encroachment on the power of the local authority / planning authority."

Taking note of recent landslides, the HC bench said such incidents and accidents have occurred in various places. "It is realised that any construction and development activity below or surrounding any hill or on a steep slope would not prevent the recurrence of such accidents, but has a potential of increasing them. Merely because the demands of the population, particularly in urban areas require spreading of the city or town and more residential units does not mean that any construction activity should be permitted in these ecologically sensitive locations."

HILLSIDE VIEW

• On July, 10, 2013, a young girl and her mother died after being trapped under debris in an accident on National Highway No.4 in Pune. It was caused due to heavy rains and unauthorised construction on the Katraj hilltop in Pune. The soil, debris and mud blocked the road, making rescue operation difficult.
   
• There have been several incidents of construction activities on hilltops and slopes which are in complete violation of development rules at Lonavla, Kandala, Katraj hills, Sinhagad in Pune, Panchgani, Manori Hills and near the hills near Pavana dam among other places in the state.