Case Note & Summary
This public interest litigation was filed by Mrs. Jayashree Suresh Dange highlighting the alarming state of unauthorized constructions within the jurisdiction of Pimpri-Chinchwad Municipal Corporation (PCMC). The Pawna River, a vital water source, flows through the PCMC area. The petitioner alleged that several unauthorized constructions have been carried out in the green belt of the Pawna River, including on the river bed or banks. One such construction is the New Millenium English Medium School, built on survey no.72/part, which was confirmed by the PCMC to be in the green belt and partly within the Blue Flood Line, making it not only unauthorized but also in violation of environmental norms. The PCMC admitted in its affidavit that there are 66,324 illegal structures within the municipal area, but only 243 had been demolished and 863 FIRs lodged. The Maharashtra Pollution Control Board (MPCB) had also issued notices but failed to exercise its statutory powers under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. The court considered the legal issues of whether these constructions are illegal and what directions should be issued to enforce compliance. The court held that the unauthorized constructions in the green belt and river bed are illegal and violate environmental norms. It directed the PCMC to expedite demolition of all unauthorized structures and to prosecute the owners/occupiers. The MPCB was directed to exercise its statutory powers to enforce compliance with environmental laws. The court also emphasized that the right to life under Article 21 of the Constitution includes the right to a clean environment, and the authorities must restore the environment by demolishing such structures.
Headnote
A) Environmental Law - Unauthorized Construction in Green Belt - Violation of Environmental Norms - Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 - The court considered the issue of unauthorized constructions in the green belt and on the river bed of Pawna River, which is a vital water source. The court held that such constructions are not only unauthorized but also in violation of environmental norms, and directed the municipal corporation and pollution control board to take stringent action including demolition and prosecution. (Paras 2-4) B) Municipal Law - Duty of Planning Authority - Enforcement of Building Regulations - Maharashtra Regional and Town Planning Act, 1966 - The court noted that the Pimpri-Chinchwad Municipal Corporation had identified over 66,000 unauthorized structures but had only demolished 243 and lodged 863 FIRs. The court held that the corporation has been lax in enforcing its obligations and directed it to expedite demolition and prosecution of all unauthorized constructions. (Paras 2-4) C) Constitutional Law - Right to Life - Article 21 of the Constitution of India - The court emphasized that the right to life under Article 21 includes the right to a clean environment. The court held that unauthorized constructions in the green belt and river bed violate this right and directed the authorities to restore the environment by demolishing such structures. (Paras 2-4)
Issue of Consideration
Whether unauthorized constructions in the green belt and on the river bed of Pawna River within Pimpri-Chinchwad Municipal Corporation area are illegal and what directions should be issued to the authorities to enforce compliance with environmental and planning laws.
Final Decision
The court admitted the PIL and took it up for final disposal. It directed the PCMC to expedite demolition of all unauthorized structures and to prosecute the owners/occupiers. The MPCB was directed to exercise its statutory powers under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 to enforce compliance with environmental laws. The court emphasized the right to a clean environment under Article 21 of the Constitution.
Law Points
- Unauthorized construction in green belt and river bed is illegal
- Environmental protection is a fundamental duty
- Planning authorities must enforce building regulations
- Pollution control boards must exercise statutory powers
