Disaster Management Act – Notices – Cleaning & Desilting of Drains
The petitioners are the owners of the land.
Solapur Municipal Corporation gave notice under the Disaster Management Act of construction of drain from the land of the petitioner and therefore, directed not to cause any obstruction in the said work.
the Corporation, on affidavit, has stated that there was in fact a Nala/drain running over the property which has either been diverted or has been filled up by the petitioners, which chokes the normal flow of water therefrom.
in our considered opinion, the DM Act read with the provisions of Sections 153 & 155 of the MMC Act clearly spells out the source of power to the respondent-Corporation to issue such notice, the action being taken in the public interest. The contention of the petitioners that the action amounts to acquisition and therefore, the State cannot acquire the land without paying compensation also does not hold any water since the notice specifically contemplates that the action is being undertaken only in the backdrop of the torrential rains that occurred in Solapur in September 2025 and is in public interest.
Judgment dated 18.6.2026 of the High Court of Bombay in Writ Petition No.1819 of 2026 of Netaji Shekumbar Bhopale Vs. The Commissioner, Solapur Municipal Corporation and others with connected matters.
Municipal authorities can invoke Disaster Management Act and Municipal Powers to restore drainage even on private land and same does not amount to acquisition, if it is taken in public and for disaster mitigation.
Bombay HC – Public Interest Prevails & Upholds Municipal Powers for drain Desilting works under the Disaster Management Act.
