HC relief for those awaiting possession of flats on Mumbai’s Ghodbunder Road
Shelar said the Thane Municipal Corporation has been granting permissions to new constructions along Ghodbunder Road without ensuring adequate water supply to newly constructed buildingsmumbai Updated: Oct 12, 2017 09:44 IST
The stay on issuance of commencement and occupancy certificates (OCs) for construction projects along Ghodbunder Road in Thane and Baner, Balewadi areas in Pune was vacated by the Bombay high court on Wednesday.
Lifting of the ban is a major relief not only to builders and developers in Thane and Pune, but also to purchasers of flats along Ghodbunder Road, Baner and Balewadi areas, as they did not get possession of their ready flats because of lack of occupancy certificates.
Acting on PILs filed by Amol Balwadkar, a businessman from Balewadi, the court had on June 23, this year restrained the Pune municipal corporation from granting commencement certificates for any new construction projects or occupancy certificate to any newly completed project in Baner and Balewadi because of the lack of proper domestic water supply to the existing housing societies in these areas.
The bench temporarily stopped new constructions after noticing that the Pune Municipal Corporation had not been able to regularise water supply to these areas although they were included in the corporation more than a decade ago.
“You keep on granting occupation certificates and new people come to reside in these areas, but without proper water supply and the problem (of water scarcity) keeps escalating,” said the bench.
Later, the court had passed a similar order for constructions along Ghodbunder Road in Thane on a PIL filed by Mangesh Shelar, complaining about the lack of adequate water supply to newly constructed housing societies along the road.
Shelar contended the Thane Municipal Corporation has been granting permissions to new constructions along Ghodbunder Road without bothering to ensure that adequate domestic water is supplied to the occupants of the newly constructed buildings.
Balwadkar, 29, had approached the high court stating the city of Pune had witnessed rapid growth during recent years and an exponential increase in its population. As a consequence, the limits of the municipal corporation have been expanded and thus, about 15 years ago, Baner and Balewadi have been included within the limits of the municipal corporation.
He complained that although the civic body granted permissions to hundreds of new constructions in these localities, no basic facilities to ensure adequate water supply to the occupants of these new buildings had been provided. There is no main supply line to provide water to these localities and despite several representations, agitations nothing has been done by the corporation on this front, and because of acute shortage, housing societies are compelled to spend huge amounts – almost half of their monthly maintenance – for procuring water though tankers.
On Wednesday, a bench of Chief Justice Manjula Chellur and Justice Nitin Jamdar considered the data placed by both, Thane and Pune municipal corporations about water supply within their areas claiming that there was adequate stock of water with them and largely adequate water was being supplied to buildings within their respective limits.
Apart from this factual aspect, the bench also took into consideration that no person other than the petitioners or any housing society had approached high court from these localities with the same complaint. The judges, therefore, felt that may be there is water scarcity, but the intensity of the problem may not be as severe as was represented by the petitioners and consequently vacated the stay on issuance of commencement and occupancy certificates.