PMC must now act firmly and take decisive steps
Ample evidence has now surfaced highlighting the irregularities of the water-tanker mafia under the watch of the civic authorities. This could have been possible only because PMC has failed to control these illegal activities.
What we find is that the civic authorities and the politicians have joined hands with the tanker mafia and have created an invincible nexus. The civic body must first break away from this and act strongly against them.
Currently, the authorities do not pay attention to the illegal activities by the water-tanker operators. PMC must start monitoring such activities and act against any rule violations.
Installation of GPRS tracking services is one of the ways which can help the civic authorities to keep a close watch on the movement of these tanker operators. However, installation of this system would be futile without creating a proper mechanism in the PMC to closely monitor the same.
Also, installation of automatic water metres at all PMC water filling stations is essential. Currently the water metres are manually handled which gives these tanker operators a wide scope to manipulate the records. However, with automatic flow metres, this can be stopped. PMC must also take an undertaking from the water-tanker operators with details of their movement .
PMC should also create some flying squads to monitor the movement of these water-tanker operators.
{{/usCountry}}PMC should also create some flying squads to monitor the movement of these water-tanker operators.
{{/usCountry}}-Vivek Welankar and Vishwas Sahatrabude (Founders of Sajak nagrik Manch)
Establish a code of conduct for corporators
The nexus between the water tanker operators, civic authorities and politicians is hard to break. Having said so, the civic authorities should form a code of conduct among all the corporators that as long as they happen to be elected members in PMC, no tender can be awarded to them. If this becomes a reality, a lot of problems can be solved, as with numerous examples it is evident that many of the corporators run the business of water tankers.
Also, the water tanker operators running bottled water plants is a shocking state of affairs. The authorities must take immediate action against such operators and act against them.
-Maj Gen SCN Jatar (retd), president of Pune based NGO Nagrik Chetna Manch
Poor implementation of rules by PMC at the heart of Water Mafia
The municipal corporations are the root cause for the growth of tanker mafia and their irregular activities. Therefore proper and strict enforcement of rules and regulations by the municipal corporations can only put an end to the tanker mafia.
Basically, the tanker mafia could rise only because the civic authorities failed to supply water to the people hit with water scarcity. This directly established a room for the tanker mafias who utilised the opportunity and started supplying water to newly developed areas in the city.
This strong lobby of water-tanker mafia could easily compel the civic authorities to succumb to their pressure. Ergo, the authorities did not act against any them.
However, now if the solution to this problem is to be found, it is indispensable for the municipal corporation to act against all these water-tanker operators who carry out illegal activities.
As a very first step, the corporation must seize the illegal points where the water is filled by these tanker operators and then take legal actions against them.
Also, PMC must simultaneously work on improving water connectivity in the areas of the city where the water tankers are needed the most.
Having said so, as far as the current status of water pipeline connectivity in the city is concerned, for the next 5-6 years at least, there won’t be any alternative to the water tankers.
-Madhav Chitale- internationally-renowned expert on water issues
Citizens must write to Maharashtra Govt, legally challenge ‘water affidavits’
There is no publicly available record of the Pune Municipal Corporation (PMC) ever having taken a policy decision of giving building permission after taking an undertaking or water affidavit despite knowing that PMC cannot – either now or in the immediate future- supply water to the project in question. If in fact it emerges that the general body of PMC has indeed passed such a resolution or issued a circular or adopted any such policy for the water undertaking, this can be challenged administratively and judicially. The government of Maharashtra will not be so foolhardy to meekly acquiesce to such unlawful and extra constitutional acts by PMC.
Under Section 63 of the Maharashtra Municipal Corporations Act 1949 (MMC Act 1949) which governs PMC, PMC has an obligatory duty to whereby, “It shall be incumbent on the Corporation to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely-
a.The management and maintenance of all municipal water works and the construction or acquisition of new works necessary for a sufficient supply of water for public and private purposes” (Sub-section 20 of Section 63 of the MMC Act.
1.PMC cannot just abdicate or simply delegate its obligatory duties to any private citizen or any private entity like a developer and leave the citizens to fend for themselves or remain at the mercy of a developer.
2.PMC cannot escape its obligatory duty to provide citizens water by depending on some undertaking purportedly taken from the developer of our building because this action of PMC is Ultra Vires and bad in law. Further, to the best of our knowledge and understanding, this act & approach of PMC does not seem to have any legal basis or sanction under the following provisions of these laws namely:-
a.Maharashtra Municipal Corporations Act 1949
b.Maharashtra Regional Town Planning Act 1966
c.The Development Control & Promotion Regulations For Pune Municipal Corporation (DCPR-2017)
This action of PMC of shirking its own statutory function and obligatory duty is totally wrong, egregious and unlawful act and a malpractice. This amounts to an Ultra Vires delegation and self-effacement of legislative responsibility and duties to a private entity / citizen and is therefore completely beyond the permissible limits of delegation.
This is nothing but a betrayal of the Constitution of India and is intolerable and it overrides the constitutional limitations against the abdication of legislative authority, duties and functions.
PMC has absolutely no power or ability to legally enforce any such water undertaking and unsuspecting citizens have become the unfortunate victims in this whole saga.
When the developer presents a flat buyer with an occupation certificate and commencement certificate issued by a statutory planning authority like the Pune Municipal Corporation, it is taken for granted that PMC will provide water to a project, which it has approved under its stamp and seal. These documents typically contain no special endorsement whereby PMC has transparently disclosed to flat buyers that it has given building permissions subject only to the water undertaking provided by the developer.
This sort of covert understanding between PMC and a developer cannot be easily discovered by flat buyers in the absence of upfront and transparent disclosure of this fact by the corporation on its website and / or with relevant permission documents.
All developers, instead of providing water at their own cost as promised in the undertaking submitted to PMC are deducting the water charges from the corpus fund collected from flat owners. So the residents, end up bearing this burden of water cost, which is actually PMC’s responsibility.
PMC has absolutely no way to legally enforce the water undertaking and compel the builders to live up to their promise of paying for water themselves and not surreptitiously charging unwary flat owners and residents of impacted societies.
Moreover, residents have been quietly paying water tax and water benefit tax to PMC despite not having received any water from PMC all these years.
Over the last few decades, key judicial pronouncements by various courts in India including the Supreme Court have termed right to water as a fundamental right. The Supreme Court of India has held that “clean drinking water is fundamental to life and it is the duty of the state to provide it to its citizens as part of the right To life under Article 21 of the Constitution of India.
Suggested Administrative Challenges To PMC’s Unlawful Actions
Multiple administrative remedies available to citizens who want to stand up for their rights and not be cheated by developers or PMC are
1.File a written complaint with the Maharashtra government to administratively challenge two key aspects:
a.The failure of PMC to perform its obligatory duty to provide water as enjoined upon it by law (articulated above)
b.The illegal & unlawful abdication of its statutory duties in favour of a private party (developer).
2.This complaint is to be filed specifically under section 448 of the Maharashtra Municipal Corporations Act (MMC Act) 1949 and the PMC must conduct an enquiry and take necessary corrective steps.
3.This complaint u/s 448 of the Maharashtra Municipal Corporations Act 1949 can be filed with either one or all of these authorities:
a.Maharashtra chief minister as he holds the urban development portfolio himself.
b.Chief secretary of Maharashtra
c.Principal secretary- Urban Development 2 (the administrative boss of the Pune Municipal Corporation)
The government of Maharashtra can consider taking action against PMC as provided for in Chapter 28 of The MMC Act 1949 and exercise proper administrative control over PMC and remedy the wrong actions and policies of PMC.
Other Steps
•Lodge a complaint on the Prime Minister’s website
•Complain to the union minister for housing and urban affairs as they fund PMC via AMRUT mission
•Write to Maharashtra state legal services authority
•File a complaint with the CAG of India asking for a compliance audit of the actions of PMC on the water affidavit aspect
•Reactivate PIL of Amol Balwadkar as judges have kept it open.
•Contempt of court proceedings as PMC has not yet set up a Pune district grievance committee for water as directed by the Bombay high court in above case
•Existing societies can complaint to the registrar of societies under section 88 of the Maharashtra Co-op. Societies Act 1960 to assess damages against delinquent promoters (developers who have set up societies)
- Residents of a co-op housing society who are exploring legal action
PMC must put an end to the system of ‘water affidavits’
Without any arguments, the one reason that Pune’s water supply is warped and non-existent in fringe areas and is inequitable in other areas, is because the existent water-tanker companies have a deep rooted political lobby. They have flourishing businesses and are growing ever since unbridled, unplanned, unsustainable construction started way back in 1990s.
What is of primary concern is that if there is water supply available at water filling stations to supply the water- tanker companies, why can’t the same water be supplied directly through the administration’s official water supply & distribution pipeline service ?
Under provisions of section 452 (1) of the Maharashtra Municipal Corporation Act 1949, the CM must order dissolution of the said Corporation as it is obvious that none of the elected representatives are competent to perform as they default in discharging their duties continuously.
The following steps are necessary:
1.Supply of water is an obligatory duty of PMC. So this responsibility cannot be abdicated pushing the onus onto builders. Devendra Fadnavis, chief minister and Girish Bapat, Pune’s guardian minister, must personally look into the completion of the Bhama Askhed pipeline project and immediately resolve their bickering with the Shiv Sena MLA in Khed.
The chief engineer from PMC must desist from making irresponsible statements that building activity cannot be stopped. PMC must stop issuing commencement & occupancy certificates. What is important is that PMC is getting income out of development charges, never mind if water supply becomes scarce for citizens ?
PMC must mandatorily install water meters and a measurement / pressure gauge as part of the automated 24x7 water distribution system
PMC must recognise the equation of demand & supply. It is not rocket science to understand that demand cannot overshoot supply.
PMC must stop the illegal system of letting builders submit water affidavits in order to get occupancy certificates. This is a huge scam where PMC wants development charges but is not bothered if the citizens are exploited and suffer without water. Builders obtaining water from borewells do not hold ground as there is severe ground water- level dipping. So the question is does CE have a concave or convex vision ?
The water department of PMC must ensure that water tankers do not supply to construction sites at all. If required, these sites must be supplied treated water from sewage treatment plants.
The civic body must disconnect illegal water connections, remove boosters and stop manual handling of valves. It must also install GPRS on all water tankers belonging to companies on their approved list. Tracking must be controlled by the IT department of PMC.
PMC must install CCTVs at all water filling stations. These water filling stations must be cordoned off by a permanent wall. Public must not have open access to any water filling station.
PMC must decide on the maximum sell price of tanker water.
New conditions must be introduced while floating the tender such as submit an affidavit signed by the tanker company, stating that it is not directly / indirectly connected / related to any political leader. It must not supply to commercial establishments and construction sites. If any such irregularity is found, a hefty penalty like doubling the bid amount (in crores), can be imposed.
Submission of documents by tanker companies must include list of tanker vehicle registration numbers, so no other unrecognised / unknown tanker fills up by getting into the water station filling compound.
Technically qualified third-party auditor must be appointed to independently analyse & track the entire system and point out the flaws. The person’s suggestions must be mandatorily followed by PMC
Qaneez Sukhrani, Nagrik Chetna Manch
These are the steps that PMC must take forthwith
•PMC must break away from the water-mafia nexus
• Install GPRS tracking system for water tankers
• Create a foolproof mechanism for monitoring GRPS system
• Install automatic water metres at all PMC water- filling stations
• Establish flying squads to monitor movement of water tankers
•Establish a Code of Conduct for corporators
•PMC must act against water tanker operators running bottled water plants
•PMC must ensure strict enforcement of rules
•Seize all illegal points where water is filled
•Simultaneously, work on water connectivity to affected areas