Water connection compulsory for building occupancy certificate: BMC to Bombay High Court

The Brihanmumbai Municipal Corporation (BMC) told the Bombay High Court last week that it will issue occupation certificates (OC) for new projects only after applicants receive a water connection certificate for the said project..The civic body filed an affidavit in High Court on October 14 stating that it has amended its regulations so that, henceforth, any physical or online application for occupation certificate will have to be accompanied by a valid water connection certificate.OC is granted to a newly constructed building by the civic authorities when it becomes ready to be occupied by the residents.The BMC also said on affidavit that if such water connection is granted to a part of the building, then OC will also be granted only to that portion of the building.The Court was also told that all the wards have been informed of this development and necessary notifications and circulars have been issued and uploaded on the BMC website as well.Necessary changes have also been made to the BMC's online application portal, the civic body informed the Court..This submission from the civic authorities came two months after the High Court had criticised it for granting a part occupancy certificate without having a water connection for the building.Satisfied by this assurance of the civic authority, a bench of Justices GS Patel and Gauri Godse appreciated the efforts taken by the municipal body.“We are entirely satisfied with the statements made on Affidavit by the MCGM. They fully address our concerns. We record our appreciation of the pro-active approach and the cooperative stand taken by the MCGM and its officials, including the Municipal Commissioner,” the order uploaded on Tuesday stated..The petitioner in the case, a city resident, was currently living in transit accommodation provided by the builder and 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.It was then informed by the other residents 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.The Court also expressed disappointment at BMC's method of administration of civic affairs and directed it to formulate a policy to protect the interests of residents.The part occupancy certificate was suspended until the developer made a provision for laying pipelines for a water connection..Following BMC’s affidavit on Friday, the Court was informed that the petitioner will take possession of his flat. Accordingly, the petition was disposed of.[Read Order]