The Honorable Supreme Court on Thursday ruled in favor of the hundreds of residential projects in the area of Bombay. The Bench of apex court comprising of Justice S.A Bobde and Justice L. Nageswara Rao was hearing the appeal filed by Maharashtra Chamber of Housing Industries, which was affected by the order of the High Court of Bombay which put a blanket ban on the constructions in the Bombay area.
Last year, in the case of Municipal Corporation of Greater Mumbai vs Maharashtra Chamber of Housing Industries, the Bombay High Court decided to put a ban on new construction due to poor disposal of construction and demolition wastes, which causes a big problem in the city of Mumbai. Affected by this decision of the high court, Housing Industry appealed in the apex court. After hearing the contentions of both the sides the apex court held and permitted the construction activities with some conditions. The conditions imposed were to employ adequate safeguards to prevent dust particles dispensing the air, the construction waste generated from a particular site shall be transported and deposited at a specific site which is approved and inspected by the Municipal Corporation.
As per the order, before starting the construction builder have to give an undertaking of proper disposal of waste as a part of Intimation of Disapproval and have to submit a bank guarantee of Rs. 5 Lakhs to 50 Lakhs, after which only he will get the sanction for construction. This order of apex court will remain in power till next 6 months after which the municipal corporation will submit a report to the apex court.
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