Bombay HC Demands BMC's Affidavit on Rainwater Conservation Policy

The Bombay High Court (HC) on Tuesday, July 23, issued a notice to the Brihanmumbai Municipal Corporation (BMC). The notice required Brihanmumbai Municipal Corporation (BMC) to respond to a Public Interest Litigation (PIL) by environmental activist Zoru Bhathena. The PIL advocates for rainwater conservation and the protection of the city's groundwater.

Zoru Bhathena's attorney, Ronita Bhattacharya-Bector, argued on the PIL. It was heard by Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar. The activist's plea argues that despite good rainfall, the BMC fails to harvest rainwater as required by law. It further states that the BMC has not built rainwater collection pits and wells in flood-prone areas.

Instead, it allows rainwater to be drained into the sea. The plea states that the BMC is even building more cemented drains, which prevent natural water storage. The PIL uses the Mother Teresa Playground in Khar as an example. This naturally muddy playground now has a concrete stormwater drain installed by the civic body to prevent flooding. 

The plea suggests that roadside drains should have a natural soil base. This would allow rainwater to sink into the ground naturally. Plea also recommends constructing rainwater collection pits and wells along every road to prevent excess rainwater from draining into the sea. These measures would also help stop flooding in several areas. 

The Maharashtra State Water Policy requires rainwater harvesting in urban areas. The Development Control and Promotion Regulations (DCPR) also provide guidelines for rainwater gathering to replenish groundwater.

The petitioner argues that the BMC is doing the opposite of its duty by wasting precious rainwater instead of conserving it. In response, the court has requested that the BMC submit an affidavit. A next hearing is scheduled for September 9. 

In 2019, the BMC announced on social media that it had pumped 14,000 million litres of rainwater into the ocean. The plea argues that this amount exceeds the combined capacity of Tulsi and Vihar Lakes.