Suspending the part occupation certificate (OC) of a building that has no municipal water connection in Ghatkopar (W), the Bombay high court directed the BMC to explain how it was issued, reports Rosy Sequeira.
“We fail to understand how an ‘occupancy’ certificate can ever be issued to a structure that is totally unfit for human habitation…It is indeed alarming that the MCGM can take it for granted that a building without a regular water supply can be considered habitable and eligible for an ‘occupancy’ certificate,” said Justices Gautam Patel and Gauri Godse in the August 17 order.
The interim direction came on a petition by Subodh Joshi, resident of an old building at Kirol village in Ghatkopar that was demolished in 2011 and redeveloped. He said the builder, Integrated Spaces, was forcing him to occupy his flat and give up his transit accommodation though it did not seem ready.
HC: Will keep eye till BMC looks out for residents
Even as the HC suspended the part OC issued by BMC to a redevelopment project in Ghatkopar (west), the builder—Intgrated Spaces—claimed that five of the six seven-storey wings, including C wing in which petitioner Subodh Joshi had been allotted a flat on the fifth floor, were ready for occupation. Some 30 families had moved into the buildings. When the builder’s advocate, Bipin Joshi, insisted petitioner Joshi’s flat is ready, the judges said: “The reality is entirely different.” They took notice of pictures submitted by Joshi’s advocate Ashok Saraogi and added: “We see unfinished flooring, exposed wiring, lifts that are in no sense ready, concrete slabs, stairs without handrails, water logging and more.”
The BMC advocate said part OC has been given for five wings and up to the 6th floor of the sixth wing. At this, the judges pointed out the building did not have a municipal water connection and those living in it are being provided tanker water and given 20-litre Bisleri water bottles. “This is no way to run the public administration of civic affairs,” said the judges, adding they will take notice of these matters and issue appropriate directions in all matter until BMC evolves a policy to protect the “interests of residents and not to merely subserve the profit motives of builders”.
They intend to pass a direction that no OC is to be issued in future unless the developer can show it is “laying the appropriate pipelines for connecting to the municipal mains”. “Therefore, until this provision is made by this builder by laying the pipelines, the so-called part OC stands suspended,” said the judges. They ordered continuation of Joshi’s stay in transit accommodation. The builder was directed to provide the existing occupants “a separate hygienically treated water tank” to be filled with water supplied by BMC’s own tankers or buy it from private suppliers. “Free 20-litre Bisleri bottles is to continue till further orders,” they added.
