No Sewage Treatment Plant, No Occupation Certificate: Bombay High Court Warns Builders and Civic Bodies

Mumbai: The Bombay High Court has directed civic authorities across Maharashtra not to issue Occupation Certificates (OC) (OC) unless developers comply with approved building plans and ensure proper sewage management systems.

The order was passed while hearing a petition filed by a resident of Badlapur, who raised concerns over illegal constructions by a developer. The court noted that untreated sewage being discharged into the Ulhas river has become an issue of “enormous magnitude.”

A bench of Justices Ravindra Ghuge and Abhay Mantri directed all civic bodies, municipal councils and local authorities to ensure that OCs are granted only when buildings strictly follow sanctioned plans and permissions, and where sewage treatment plants (STPs) (STPs) are constructed for high-rise structures.

The court said municipal councils must take steps to reduce and eventually stop the pumping of sewage into the Ulhas river. It warned that if an OC is granted in the absence of STPs or proper sewage facilities, the court would blacklist the builder or construction company and also initiate action against the concerned civic authorities.

The High Court also ordered authorities to carry out a drive to identify buildings where STPs have not been provided by developers, unless the sewage pipeline is connected to the underground drainage system maintained by civic bodies. “The authorities shall ensure that there is a move towards blacklisting the builders and construction companies, who do not provide STPs or sewage management for their structures,” the court said.

The directions follow findings that no proper STPs were constructed at 438 alleged unauthorised structures in Thane district, leading to large-scale sewage discharge into the Ulhas river.

The matter has been posted for further hearing on January 28.

This order sends a clear message: Environmental compliance is no longer optional in urban development.

By linking Occupation Certificates directly to sewage infrastructure, the court has placed responsibility squarely on both developers and civic authorities. The real test will now be consistent enforcement on the ground.

By Sana Khan
Executive Editor, Realty Quarter