Supreme Court lifts ban over new constructions in Mumbai

New Delhi: Paving the way for hundreds of residential and commercial projects in Mumbai which had come to a halt following the Bombay High Court ban on new construction due to poor disposal of construction and demolition waste, the Supreme Court on Thursday permitted construction activity with a rider that builders/ developers would be employing adequate safeguards to prevent dust particles dispersing in the air and would have to transport debris to specific sites identified by the municipal corporation.

As per the order, any builder would be permitted to start the construction only after an undertaking of proper disposal of debris as part of Intimation of Disapproval (IOD) and submitting a bank guarantee of Rs 5 lakh to Rs 50 lakh as a guarantee of Rs 5 lakh to Rs 50 lakh as a guarantee of proper waste disposal.

With a view to balance wide ramifications of the order on housing sector and the right of other citizens for clean environment, a bench of Justice SA Bobde and L Nageswara Rao ordered that “any construction that is permitted hereafter for the purpose of this order shall be only after adequate safeguards are employed by the builders for preventing dispersal of particles through the air. This shall be incorporated in the IOD, unless it is already so incorporated”. Thursday’s order of the bench will remain in force for six months after which the municipal corporation will submit its report to the apex court.