ORDER : ANOOP V. MOHTA, J. Applicants Original Respondent Nos. 2 and 3 have taken out this Civil Application on 30 April 2015 for modification of order dated 13 April 2015, specifically clause (i) of the operative part, passed by the Division Bench of this Court (Coram: Naresh H. Patil & V.L. Achliya, JJ.) in Public Interest Litigation (PIL) No. 182 of 2009, filed by the Petitioners, The operative part of order dated 13 April 2015, is as under:“ (i) By way of adinterim measure, we direct Kalyan Dombivli Municipal Corporation, its authorities and the State Government not to sanction any proposal/project for construction of building, residential or commercial, until further orders. (ii) We direct the State, Urban Development Department to take appropriate steps to ensure that Kalyan Dombivli Municipal Corporation complies with the provisions of Municipal Solid Wastes (Management and Handling) Rules 2000 and other relevant rules, directions. (iii) We direct State and Urban Development Department to issue necessary direction in respect of the issues raised in the petition and highlighted in the order passed as above. (iv) The State would also contemplate as to whether necessary amendments are required to be brought in to the relevant Legislation. (v) We direct Maharashtra Pollution Control Board to take effective steps directing the authorities to comply with pollution control laws. The board shall take action against the erring officers, if non compliance is reported.” 2. The Applicants' prayers in this Civil Application are as under:“ (a) This Hon’ble Court be pleased to recall the order, dt. 13.4.2015 passed in the above PIL and quash the directions contained in clause1 of the said order viz. not to sanction any proposal/project for construction of building, residential or commercial until further orders. (b) This Hon’ble Court be pleased to issue appropriate directions to the Government to implement the directions of the Hon’ble Supreme Court in the case of Ravi Developers. (c) Any other suitable relief to which the Applicants may be deemed entitled to, be kindly granted in favour of the Applicants.” 3. (b) This Hon’ble Court be pleased to issue appropriate directions to the Government to implement the directions of the Hon’ble Supreme Court in the case of Ravi Developers. (c) Any other suitable relief to which the Applicants may be deemed entitled to, be kindly granted in favour of the Applicants.” 3. The Applicants have filed additional affidavit dated 17 June 2015, Affidavit in reply dated 17 June 2015, affidavits dated 3 June 2015, 15 July 2015, Additional affidavits dated 7 October 2015 and 2 March 2016, in support of their Application, which reflect the progress and/or steps they have taken and intend to take to comply with the directions contained in orders dated 2 April 2013/13 April 2015. 4. Various other Civil Applications are also taken out by the Promoters, Developers and Owners of the property, as in view of the order passed by the Division Bench dated 13 April 2015, basically clause (i), the Applicants have not sanctioned any proposal/project for construction of buildings, residential or commercial. Those Applications are also listed on Board today. 5. The learned Counsel for the Petitioners has tendered an affidavit dated 25 April 2016, along with the photographs and contends that inspite of the order passed by this Court, there is no substantial progress and/or there are no compliances, as ordered to the satisfaction of the Respondent Maharashtra Pollution Control Board (MPCB). 6. The learned counsel appearing for the MMRDA, on instructions, makes statement that they have no objection for the modification so sought by the Applicants, specifically with regard to Clause (i). 7. The learned counsel appearing for the MPCB also submitted that there are no full and/or effective compliances of the order/directions so issued by this Court from time to time, though there is some progress made by the Applicants towards the directions so issued. 8 Heard the learned Senior Counsel appearing for the Applicants, the Respondents and Intervenors. 9. Based upon the affidavits so placed on record by the Applicants, a brief note is also placed on record by the learned Senior Counsel for the Applicants showing steps which they have taken from time to time, including the present status and the decision they have taken for implementation of the orders/directions so issued. 9. Based upon the affidavits so placed on record by the Applicants, a brief note is also placed on record by the learned Senior Counsel for the Applicants showing steps which they have taken from time to time, including the present status and the decision they have taken for implementation of the orders/directions so issued. In support of the averments, as well as, the submissions, as also reflected in the brief notes the “adverse impact on the financial condition of KDMC” because of the order passed by this Court on 13 April 2015 is pointed out. Pending steps are also pointed out in this regard, which are necessary for them to resolve, as early as possible for full implementation of the directions so issued. The said brief note is reproduced hereunder: Brief Note : (On behalf of KDMC : Corporation) 1. The original PIL interalia seeks closure of the existing dumping ground situate at Adhar Wadi where presently the Municipal Solid Waste (MSW) is being dumped and implementation of Municipal Solid Waste (Management and Handling) Rules 2000. Initially the present PIL was heard along with other PILs of the similar nature involving several Municipal Corporations. In this group a common order on the basis of Minutes of Order was passed by the Hon. Division Bench of this Hon’ble Court, on 02/04/2013, containing several directions for implementation of the MSW Rules including the direction to compulsorily close the dumping grounds that were in operation in breach of these Rules within the prescribed period from the date of the order of the Hon’ble Court. The KDMC has filed separate Civil Application seeking extension of time to comply with these directions, which is presently pending. The applicants have filed affidavits from time to time therein bringing on record the updated information as to the steps taken by the KDMC towards securing compliance with the aforesaid directions. Be that as it may. 2. In the meantime, the present PIL was separated from the said group and this Hon’ble Court on 13/4/2015 has passed a detailed order and has issued various directions not only to the KDMC but also to the State and its authorities. The KDMC has impugned the said order by preferring appropriate proceedings before the Hon. Supreme Court, which is yet to be placed before the Hon. Supreme Court for its consideration. 3. The KDMC has impugned the said order by preferring appropriate proceedings before the Hon. Supreme Court, which is yet to be placed before the Hon. Supreme Court for its consideration. 3. After the aforesaid order dated 13/04/2015, during the period of One full Year the KDMC has taken numerous concrete irreversible steps towards securing compliance of the MSW Rules as also the directions issued by this Hon. Court from time to time. In the light thereof the KDMC has filed the present Civil Application seeking to vacate/recall only clause (i) of the aforesaid order dated 13/04/2015, which reads thus : (i) By way of adinterim measure, we direct Kalyan Dombivli Municipal Corporation, its authorities and the State Government not to sanction any proposal/project for construction of building, residential or commercial, until further orders. 4. The KDMC has set out in detail in the said Civil Application as also at least four affidavits filed in the original PIL setting out therein in detail numerous concrete irreversible steps towards securing compliance of the MSW Rules as also the directions issued by this Hon. Court from time to time. This note summarizes the same. 5. At the outset, it may kindly be appreciated that despite losing most precious time of about Four Months in this one year, principally on account of following facts and circumstances, the following substantial progress is made : a) Addition of 27 villages into the then existing area of the KDMC the Government of Maharashtra. b) General Municipal Elections were held in the month of Sep./Oct. 2015. Consequently, a model code of conduct was in operation, which prevented the administration of the KDMC from taking any decisions as also from effectively implementing the decisions already taken. c) After the elections, time of about one and half month was taken to constitute various bodies of the Corporation that are empowered by law to take the requisite decisions, such as the Standing Committee etc. 29.04.2015: The District Level Committee granted NOC for establishing Sanitary Land Fill (SLF) sites at Barave and Manda. The site at Umberde has already been authorized accordingly in 2008. 29.4.2015 The Corporation published RFP for Waste to Energy plant at Umberde. 31.04.2015: The Chair Person of the Divisional Committee directed the Corporation, to prepare Action Plan to deal with the MSW. The site at Umberde has already been authorized accordingly in 2008. 29.4.2015 The Corporation published RFP for Waste to Energy plant at Umberde. 31.04.2015: The Chair Person of the Divisional Committee directed the Corporation, to prepare Action Plan to deal with the MSW. 02.06.2015: MPCB granted authorization to the lands at Barave and Manda bearing No. BO/MSWA/CC/218 for establishing SLF sites. 20.06.2015: the General Body of the KDMC approved project for establishing 13 BioGas plants. 19.09.2015 General Body resolved to approve Rag Picker Policy for effecting Segregation of Solid Waste in to wet and dry waste. 21.08.2015 Corporation initiated tender process for establishing Processing Plants & SLF sites at Barave and Umberde. Similarly, tender process initiated for effecting scientific closure of Adharwadi dumping ground. 28.09.2015 General Elections for the Corporation announced by the State Election Commission and the Model code of Conduct came in to force. 8.10.2015 High Power Committee of the State Govt. headed by the Chief Secretary assured that the funds required for the projects will be provided under Swach Bharat Mission. 10.11.2015 Action plan dealing with ‘segregation’, ‘processing’ and ‘disposal’ of MSW submitted by KDMC to the Committee headed by the Divisional Commissioner and also to the MPCB for requisite approvals as also necessary action at their end. 15.11.2015 Segregation of waste into dry and wet stated at source itself in 14 out of 122 wards. These 14 wards have been declared as “bin less wards” as the citizens are to keep and handover the MSW in a segregated form. As the back end processing of the waste so collected separately is not yet in place the said project is not yet extended to other wards. Once such a mechanism is in place similar project will be implemented in rest of the wards in a phase manner. 03.12.2015 After completing the entire procedural gamut, the Work Order for conducting “Environmental Impact Assessment” for Umberde site issued to M/s ABC Technologies. 14.12.2015 After completing the entire procedural gamut, the Work Order for conducting “Environmental Impact Assessment” for Barave site issued to M/s ABC Technologies. 02.01.2016 KDMC issued tender for putting up a BioGas plant at Umberde and Tisgaon. 13.01.2016 Tender for Scientific Closure of Adharwadi Existing Dumping Ground finalized on 8th Call. 25.01.2015 Tender for Establishment of Processing Plant and SLF site at Barave finalized on 6th call. 02.01.2016 KDMC issued tender for putting up a BioGas plant at Umberde and Tisgaon. 13.01.2016 Tender for Scientific Closure of Adharwadi Existing Dumping Ground finalized on 8th Call. 25.01.2015 Tender for Establishment of Processing Plant and SLF site at Barave finalized on 6th call. 15.02.2016 Detailed Project Report (DPR) for raising funds to the tune of about Rs. 114 Cr. under Swach Bharat Mission, for being utilized for the aforesaid various projects, submitted to State Government. 22.02.2016 Letter of Acceptance issued for (i) establishing SLF at Barave (ii) Scientific Closure of existing dumping ground at Adharwadi and (iii) establishing Umberde Bio-Gas plant. 29.02.2016 Pre feasibility report for Establishing SLF at Umberde and Barave submitted to the State Environment Assessment Committee. 10.03.2016 MPCB granted Authorization for establishment of 13 BioGas Plants (bearing No. BO/MSWA/CC/131). 22.03.2016 DPR submitted on 15.02.2016 for raising funds for to the tune of about Rs. 114 Cr. Sanctioned by the High Power Committee headed by the Chief Secretary to GoM under the Swach Bharat Mission. 23.03.2016 Work order issued to M/s Aviplast for establishing a BioGas plant at Umberde. 31.03.2016 Presentation submitted/made before the State Environment Assessment Committee (SEAC) regarding Prefeasibility report for Establishing SLF at Umberde and Barave. 11.04.2016 Members of SEAC visited the said sites before finalizing the prefeasibility report and issuing TOR. 21.04.2016 Work order issued for MSW Processing Plant and SLF to be established at Barave. : Present Status : Segregation of Solid waste at source is going on in 14 wards and therefore, the said 14 wards have become “Dust Bin Less”. Corporation has deployed 70 “Ringer Bell Vans” (Ghant Gadi), 22 Large Refuse Compactor, 22 Small refuse Compactors,10 Dumper placer and 6 Dumpers (total 130 vehicals) for collection of Solid Waste. Separate Treatment Plants for dealing with Bio Medical Waste and Slaughter House waste are already running successfully Plastic recycling plant of 1 TPD is in operation. : Adverse impact on the Financial Condition of KDMC : Sources for raising funds have been basically Octroi, Municipal Taxes and income from grant of permissions towards various developmental activities, such a building permissions etc. For almost last about a decade or so, the KDMC has been having a Surplus fund of about 40 crores at the end of every financial year. For the first time in a decade, in FY 20156, due to the Adinterim order in issue, about Rs. 55 Crs. For almost last about a decade or so, the KDMC has been having a Surplus fund of about 40 crores at the end of every financial year. For the first time in a decade, in FY 20156, due to the Adinterim order in issue, about Rs. 55 Crs. outstanding bills of various contractors are due and payable by the KDMC. Resultantly, the contractors have starting doubting the financial capacity of the KDMC to pay the bills regularly. This is the main reason for abysmally low response to various tenders taken out by the KDMC. The ongoing works at the hands the contractors have also slowed down, leaving the KDMC toothless. : Way Forward : Endeavour to extend the implementation of the scheme of effecting segregation of waste (dry and wet) at source to 50 wards by Dec 2016 and rest of the area by May 2017. Endeavour to commence Two BioGas plants by Dec 2016, further 3 more BioGas Plants by May 2017, remaining 8 BioGas Plants by Dec 2017. Endeavour to commence the Processing of solid waste and SLF site at Barave by Jan 2017. Endeavour to scientifically close 1/4th of the existing dumping ground at Adharwadi by Dec. 2016 and rest by Dec.2017. Finding out appropriate agencies for the remaining works. : Pending Issues : 1. Approval for establishing sites at Umberde and Barave to be issued by the SEAC. 2. Timely Disbursement of Share of the State Government and Central Government under Swach Bharat Mission.” 10. This Court has already noted that inspite of earlier orders passed by this Court, after hearing both the parties, which are reflected through the minutes of order dated 2 April 2013/13 September 2013, there were non-compliances by the Authorities, including Applicants KDMC, Urban Development Department, MMRDA, MPCB, therefore, ultimately constrained to pass the order which is reflected above by this Court on 13 April 2015. 11. The reasons so recorded in order dated 13 April 2015 show the delay and inaction of the concerned authorities, inspite of the directions so passed. Earlier also, such Application was filed for modification of this order. But, it appears that as there were no sufficient steps taken at that stage, no relief was granted in respect of clause (i) on 5 May 2015. 12. We are in agreement with the reasons so expressed and also the directions so issued at the relevant time. Earlier also, such Application was filed for modification of this order. But, it appears that as there were no sufficient steps taken at that stage, no relief was granted in respect of clause (i) on 5 May 2015. 12. We are in agreement with the reasons so expressed and also the directions so issued at the relevant time. Therefore, we are not disturbing the directions from (ii) to (v) so referred above. However, in the interest of all as simultaneously development is necessary and so also the effective steps have been taken, we are inclined to modify clause (i) so referred above. The Applicants/Local Authorities/Planning Authorities are also required to take steps to circulate/publish awareness programmes/plans by all possible ways and means. The condition to have such effective plans in development/construction activities, may be insisted upon. 13. On perusal of the aforesaid brief note and after hearing the learned Senior Counsel for the Applicants, we find that the Applicants have taken effective steps in furtherance of the order dated 2 April 2013 and order dated 13 April 2015. Prima facie it appears that the Applicants are now making sincere efforts and seem serious about the implementation of the provisions of the Municipal Solid Wastes (Management and Handling) Rules 2000, which they are even otherwise statutory obliged to follow. It is pointed out on behalf of the learned Senior Counsel for the Applicants that stoppage of development activities/constructions has severely affected the financial flow of the Applicants and it is not only the Applicants, but also the Promoters/Developers/Owners and persons who are awaiting purchase of their respective premises as also the workers/ labourers connected with the construction activities are affected. It is pointed out that the Applicants and other persons are adversely affected by clause (i) of the operative part of order dated 13 April 2015, which is operating for more than a year and since the Applicants have made substantial progress and compliances, it is necessary to modify the said order as prayed in the Civil Application. 14. In view of the above and in the interest of justice, we are inclined to grant an opportunity to the Applicants to show their bonafides and take all necessary steps and to take the matter to its logical conclusion in the implementation the provisions of Municipal Solid Wastes (Management and Handling) Rules 2000, and comply with the orders passed by this Court. In the circumstances, at this stage, by keeping this Civil Application pending, we modify the order only to the extent of clause (i) of the operative part of the order dated 13. April 2015 and pass the following order: ORDER a) The adinterim order dated 13 April 2015 is modified by permitting the Applicants KDMC, State Government and MMRDA and its Authorities to process and decide the Application/proposal for construction of buildings, residential and/or commercial in accordance with law. (b) The Applicants KDMC shall file periodical bimonthly progress Reports in the form of an Affidavit of the Commissioner before this Court. The first of such Report shall be filed by 15 June 2016. (c) It is made clear that, in the event, we are not satisfied with the progress/progress Report, we would be constrained to pass appropriate orders, including reviving clause (i) of the operative part of the order dated 13 April 2015. (d) The State Expert Appraisal Committee (SEAC), is directed to process the Application filed by the Applicants expeditiously. Thereafter, the State Environmental Impact Assessment Authority (SEIAA) shall take further steps immediately and in accordance with law. 15. Stand over to 22 June 2016, for directions (HOB).