The Brihanmumbai Municipal Corporation (BMC) on Friday told the Bombay High Court that it will issue Occupancy Certificate (OC) to a developers only after they secure water connection certificate to get water supply from the civic body mainline.
The civic body made a submission in a plea by a petitioner who has claimed that he along with others were given possession of the flats in Integrated Arya at Narayan Nagar Ghatkopar (W) without municipal water supply.
During earlier hearing, the HC had pulled up the Brihanmumbai Municipal Corporation (BMC) and a developer who constructed a building at Ghatkopar and secured “part” Occupancy Certificate ( OC) for it without ensuring proper water connection, calling the state of affairs “symptomatic” of real estate projects across Mumbai.
“It is entirely possible that the state of affairs reflected in this writ petition is symptomatic of all development and redevelopment in this city,” had noted a division bench of Justice Gautam S Patel and Justice Gauri V Godse.
Petitioner Subodh M Joshi, through advocate A M Saraogi, submitted that the developer, Integrated Spaces Limited, was trying to get him to take up allotted flat in a rehabilitation building on the pretext of it being “ready” to ensure he would give up the temporary accommodation provided by the same developer.
The court had perused photographs attached with the plea, noting that “reality is entirely different” and that the building is “in no sense ready for occupation, at least not by human beings.”
The bench was “reluctantly” informed that there is no municipal potable water supply and the developer is providing tanker water and “apparently as some gesture of goodwill or generosity,” 20-litre Bisleri drinking water jars.
The court, as an interim measure, had appointed a receiver to take physical possession of the flat concerned and asked for a report on the readiness of the same. It also sought the civic body’s explanation through an affidavit as to how “part” OC was granted and due procedure and inspection was done for the same.
The developer through senior advocate Birendra Saraf had told HC that eligible persons would not be forced to take possesion of flats till water supply from BMC main connection was given.
The Court had then asked BMC to streamline process to ensure such incidents do not occur repeatedly.
On Friday, the civic body submitted an affidavit through advocate Sagar Patil and stated that now onwards OC would not be issued to any developer/building in City till water supply from BMC mainline is not availed by the developer by following due procedure.
The BMC said all the wards are informed about the new procedure through a circular and notification will also be issued within two to three days.
The bench accepted submissions and the assurances of developer and BMC and disposed of the plea.
