Provide water connection by October: HC to Ghatkopar developer | Mumbai news - Hindustan Times
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Provide water connection by October: HC to Ghatkopar developer

ByK A Y Dodhiya
Aug 28, 2022 07:20 PM IST

The HC said that after the water supply lines are laid, then eligible persons can be asked to shift to their flats and vacate the transit accommodation they are occupying

Mumbai After criticising the Brihanmumbai Municipal Corporation (BMC) for issuing a temporary occupation certificate to a building which did not have proper water connection, the Bombay high court (HC) has directed a Ghatkopar developer to ensure that pipelines are laid by October.

After assurances and undertaking from the developer, the HC revoked the suspension and directed the court receiver appointed over one of the flats to ensure that the developer fulfilled all assurances (HT Photo)
After assurances and undertaking from the developer, the HC revoked the suspension and directed the court receiver appointed over one of the flats to ensure that the developer fulfilled all assurances (HT Photo)

The HC said that after the water supply lines are laid, then eligible persons can be asked to shift to their flats and vacate the transit accommodation they are occupying. Earlier on August 17, the HC had rapped the BMC and also suspended the OC.

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After assurances and undertaking from the developer, the HC revoked the suspension and directed the court receiver appointed over one of the flats to ensure that the developer fulfilled all assurances.

The division bench of justice Gautam Patel and justice Gauri Godse, which was hearing the petition of Subodh Joshi, one of the flat owners, was informed by advocate Ashok Saroagi that the petition had been filed after the developer had asked his client to move into the flat in the newly-constructed building which did not have proper drinking water supply and other amenities. The building was part of a redevelopment project at Ghatkopar which consisted of five buildings and Joshi was allotted a flat on the fifth floor of one of the buildings.

The court after hearing the submissions had appointed a court receiver on the flat of Joshi and asked him to verify the claims of the petitioner. The court had also suspended the partial OC that had been granted to the buildings after it was informed that based on the OC, the developer was asking the eligible persons to take possession of the flats allotted to them and vacate the transit accommodation.

On August 24, the receiver had submitted a report which confirmed the claims of Joshi and also stated that the drinking water being provided by the developer was not of good quality.

The developer represented by senior advocate Birendra Saraf submitted an affidavit and assured the court that steps were already initiated to provide proper drinking water and the same would be completed by October 7. Saraf also assured the court that other amenities like providing electrical fittings would also be done by the developer.

After hearing the submissions, the bench noted that as the developer had initiated the process of getting drinking water connection and had assured the flat owners of other amenities as well it was revoking the injunction on the OC. The court further held that Joshi and other flat owners who were occupying the transit accommodation could continue to occupy the same till drinking water was not made available.

The court also remarked that it expected the developer to provide better quality drinking water to those flat owners who had already taken possession and said that it would consider other issues being raised by the petitioner on September 7.

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