"Astonishing:" Bombay High Court raps BMC for issuing occupancy certificate to building without water supply

The Bombay High Court on Wednesday berated the Brihanmumbai Municipal Corporation (BMC) as well as a builder who constructed a residential building in Mumbai and procured a part-occupancy certificate for it without having a water connection for the building [Subodh M Joshi vs Municipal Corporation of Greater Mumbai and Ors.].A bench of Justices GS Patel and Gauri Godse was alarmed that the BMC considered a building without regular water supply to be eligible for an occupancy certificate. "Water and power are the most basic. It is indeed alarming that the MCGM (BMC) seems to take it for granted that a building without a regular water supply can be considered habitable and eligible for an ‘occupancy’ certificate. We refuse to accept any such interpretation. To do so would be to deliver manifest injustice to residents across the city," the Court said..The petitioner, currently living in transit accommodation provided by the builder, moved the court after the builder allegedly urged him to take possession of his allotted flat in order to get him to vacate the transit accommodation. .The developer claimed that most buildings in the project, including the one where the petitioner was allotted a flat, were complete and ready for occupation..Upon seeing the photographs attached to the plea, the Court found that the building was not ready for occupation."Particularly astonishing are the photographs at pages 317, 319, 320, 321, 322, 325, 327, 328 and 329. This building is in no sense ready for occupation — at least not by human beings," it stated..It was then informed by the respondents that the building did not have potable municipal water supply but the developer was providing water through tankers and Bisleri jars. The Court said that this gesture of goodwill on part of the developer could not be termed "water supply" to a residential building."This is not what we understand when we are told that ‘everything is in readiness’. The only water connection that seems to have been made available is for construction work. We do not think that it is possible to accept the argument that residents must use construction water supply even for their domestic needs, leave alone drinking water," it recorded..Advocate Sagar Patil on behalf of the BMC told the Court that the part occupancy certificate was issued on May 19, post which arrangements for water supply could not be made due to the BMC's policy of not allowing digging of roads for pipelines during the monsoon period after April 30 every year. .The Court was astonished that the developer made no prior arrangements to lay an underground water connection."We find this absolutely astonishing. On the one hand this developer claims to be an accomplished and renowned builder and at the same time is unaware — and expects us to believe that he is unaware — that arrangements would have had to be made for laying an underground water connection to connect to the municipal mains for drinking water supply," it said..Expressing disappointment in the BMC's method of administration of civic affairs, the Court directed it to formulate a policy to protect the interests of residents."This is no way to run the public administration of civic affairs. We have no choice but to take notice of these matters and issue appropriate directions. The BMC will bear in mind that we will now do this in every single matter until the MCGM evolves a policy that is designed to protect the interests of the residents and not to merely subserve the profit motives of builders," it said..The Court, therefore, suspended the part occupancy certificate until the developer made a provision for laying pipelines for a water connection. As an interim measure, it directed the court receiver to take possession of the concerned flat and asked for a report on the readiness of it. The Court also directed to BMC to explain on affidavit, how the part occupancy certificate was granted to the developer in absence of a water connection. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.