The Bombay HC rapped the BMC for not providing water to a multi-storey building complex in Goregaon though it had completed all the necessary formalities and obtained a NOC.
The Bombay High court on Tuesday rapped the Brihanmumbai Municipal Corporation (BMC) for not providing water to a multi-storey building complex in Goregaon though it had completed all the necessary formalities and obtained a no-objection certificate (NOC).
A division bench of Justice SA Bobade and Justice RD Dhanuka were hearing a petition filed by Sunil Mantri Pvt Ltd and one Ranjit Ranade, who alleged that the BMC was not releasing water to the building due to opposition from MLA Rajhans Singh.
“Water is an essential commodity and is a fundamental right of every citizen... how can you deny supply of water to somebody?” the bench asked. “In a city like Mumbai, citizens rely on the corporation for water. It is not like a village where we can direct them to draw water from a river or well.”
The developer, in his petition, said the land was transferred to him in 1998 for constructing 22 buildings to house 2,614 tenants and 11 sale buildings, which will be towers. In 2001, the BMC issued an NOC to the developer and agreed that water would be supplied. In 2006, Sunil Mantri could not construct the buildings so called for tenders. Ranade bagged the contract.
In 2009, occupation certificate was obtained and flats were allotted, but by then the BMC refused to provide water to the sale buildings. He then wrote to the BMC and informed that all the formalities were completed and requested the corporation to release water from its main line to the internal building line.
The plea stated that they have a letter from the assistant engineer of the P north ward to Singh requesting him not to oppose the water connection to the buildings. “Water supply can’t be a subject matter of politics and the source of water cannot depend upon a leader of opposition,” the bench said.
The HC directed the BMC to file a reply as to what action it proposes to take by Monday.
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