Bombay high court vacates stay on occupancy certificates in Baner, Balewadi

MUMBAI: The Bombay high court on Wednesday lifted the stay on granting occupancy and commencement certificates to new constructions and building projects at Baner and Balewadi besides on Ghodbunder Road in Thane.
The direction by a bench of Chief Justice (CJ) Manjula Chellur and Justice Nitin Jamdar came on a public interest litigation regarding non-supply of water to high-rises having occupancy certificates (OCs) and shortage of water for existing buildings as it is diverted for construction purposes and residents forced to purchase water from tankers.
On May 5, the court had directed the Pune and Thane municipal corporations not to issue OCs and commencement certificates (CCs) to building projects in Baner, Balewadi in Pune and Ghodbunder Road in Thane.
The court on Wednesday noted that thereafter, except for the petitioners, no individual flat-owner or housing society came forward with complaints. “If there is any violation, we can take action. I’m waiting for the last six months. Water is something you cannot stay without,” said the CJ.
The Pune Municipal Corporation (PMC)’s advocate said it wrote letters to housing societies, asking their representatives to attend meetings but nobody had turned up. The Thane Municipal Corporation (TMC)’s advocate said it was not diverting water for construction.
“We are surprised to hear that none of such meeting (sic) were attended by (housing) societies or occupants. If there was really a water problem, as severe as expressed by the petitioners, the persons affected would have approached this court,” the judges said in their order.
They added, “We cannot totally shut our eyes or opine that there is no water problem. It may not be to the extent expressed by the petitioners but there is bound to be water problem with so many flats coming up.”
Taking note that not everyone can approach the court through PILs and get their grievances addressed, the bench said it would be “just and proper” if, in each of these districts, there is a committee so that aggrieved persons “can approach and place their grievance(s) and get them redressed taking note of the factual situation and hearing all parties”.
The committee shall be headed by the municipal commissioner and will also consist of the divisional commissioner, chief city engineer (in charge of water supply) and member secretary of Maharashtra Legal Services Authority. It shall meet once in two months and take up grievances of those “having deficit and non-supply of domestic water” and report to the court from time to time.
“Let us see how this committee works,” said the CJ, adding that the PIL would be kept pending.
TMC and PMC were directed “to create public awareness for the purpose of redressal of water supply problem”.
The judges said “in light of the above and measures taken the restrictions imposed on local authorities preventing issue of occupancy certificate will have to be reconsidered by us”. They directed that buildings where OCs had not been issued would have to be issued the certificates to facilitate purchase of land “and to occupy the flats purchased”.