Supreme Court Summons Principal Secretary Of Maharashtra Urban Development Dept Over Failure To Fund Sewage Treatment Projects

The Supreme Court has summoned the Principal Secretary of the Urban Development Department, Maharashtra, in connection with the State's inability to clear two sewage treatment projects in Vasai-Virar Municipal Corporation area due to lack of funds.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan found the State's position that the projects couldn't be cleared due to lack of funds “strange”, and emphasized that non-implementation of Solid Waste Management Rules, 2016 directly contributes to air pollution.“A very strange stand has been taken by the state government. The stand is that two projects cannot be clear due to non-availability of funds. We are dealing with implementation of the Solid Waste Management Rules, 2016. Non-implementation of the Rules has a direct nexus with air pollution. We direct the Principal Secretary of the Urban Development Department to remain present before this court through VC on 24th of January. He will have to explain to the court how the state can refuse to provide funds to a Municipal Corporation for implementing statutory rules”, the Court ordered.The bench passed the order after reviewing and affidavit filed by the Deputy Secretary of the Urban Development Department. The affidavit stated that the two projects could not proceed due to financial limitations and would proceed as and when resources are available. Justice Oka noted the uncertainty in availability of funds and remarked, “In short, you are saying that because we don't have funds, the Solid Waste Management Rules, 2016, should not be implemented. This is actually a very strange approach. We will bring the Secretary here.” He added, “Our experience has been that the moment we summon Chief Secretary or Secretary of the concerned department the projects are cleared. This is the only way of doing it.”BackgroundThe case stems from environmental violations identified in Vasai-Virar region. The National Green Tribunal (NGT) flagged severe pollution caused by untreated sewage and improper waste management in the region. The application before the NGT sought the installation of sewage treatment plants (STPs) and a halt to developmental activities until such plants were operational.It was noted that the Vasai-Virar Municipal Corporation generates 184 million liters per day (MLD) of sewage, of which only 15 MLD is treated. The untreated sewage is discharged into local water bodies, causing significant environmental harm. A Joint Committee report submitted to the NGT revealed that 68 percent of sewage in the area remains untreated and that the existing treatment plants fail to meet prescribed standards. The Corporation, however, cited financial constraints as a barrier to implementing the required measures and sought State assistance to fund the projects.The NGT directed the Maharashtra Pollution Control Board (MPCB) to calculate environmental compensation under the “polluter pays” principle, citing the Corporation's non-compliance with waste management rules. The MPCB also penalized the Corporation under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974.Vasai Virar Municipal Corporation filed the present appeal in the Supreme Court challenging the NGT order. In December 2023, the Court stayed the NGT order and directed the Corporation to file an affidavit detailing compliance with the Solid Waste Management Rules and plans for setting up new sewage treatment plants. The affidavit was also to address legacy waste issues, as mandated under the Environment Protection Act, 1986.The State was added as a party to the proceedings in November 2024, following a submission by Ramesh Manale, the Municipal Commissioner of Vasai-Virar, highlighting that the Detailed Project Reports (DPRs) were pending State review.On December 6, 2024, the Supreme Court granted the Maharashtra government time to clarify its stance on the delayed approval of the DPRs for the sewage treatment plants. Pursuant to this order, the state filed the affidavit sworn by the Deputy Secretary.Case no. – Diary No. 45828/2023Case Title – Vasai Virar City Municipal Corporation v. Charan Ravindra Bhatt Click Here To Read/Download Order

Supreme Court Summons Principal Secretary Of Maharashtra Urban Development Dept Over Failure To Fund Sewage Treatment Projects

Amisha Shrivastava

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