Part-Occupancy Certificate Cannot Be Granted To New Buildings Without Water Connection, Lift: Bombay High Court To BMC

The court said there was an urgent need for policies that protect residents who are forced to move into newly constructed homes without a lift and water connection, and directed the civic body not to issue even part-OC to a building in such case.

"This is no way to run the public administration of civic affairs. The BMC will bear in mind that we will now do this in every single matter until the MCGM evolves a policy that is designed to protect the interests of the residents and not to merely subserve the profit motives of builders," the bench of Justices Gautam Patel and Gauri Godse observed.

An occupation certificate is granted by the BMC once the construction meets all the criteria of facilities that residents are entitled to and it is only after the grant of OC that flat purchasers are allowed to move into the premises.

'"Occupancy" posits habitability; and an essential requirement of any habitable premises is the provision of basic amenities. Water and power are the most basic. It is indeed alarming that the MCGM seems to take it for granted that a building without a regular water supply can be considered habitable and eligible for an 'occupancy' certificate. We refuse to accept any such interpretation. To do so would be to deliver manifest injustice to residents across the city."

The bench was hearing a writ petition of one Subodh M Joshi entitled to a rehabilitated flat in a building complex in Ghatkopar. Joshi contended that the builder - Integrated Spaces Limited- had asked him to move in to his redeveloped flat claiming it to be complete and ready for occupation.

However, the resident contended that the flooring was unfinished, there was exposed wiring, lifts were not ready and staircases had no hand rails. Moreover, there was no permanent water supply and residents were forced to used tanker water often used for construction purposes.

The builder claimed that he was giving all the residents at least 20 litres of Bisleri drinking water. He further argued that due to BMC's rules disallowing construction during the monsoon the pipelines for main water connection couldn't be laid.

However, the bench was not satisfied with the builder's explanation. "It is entirely possible that the state of affairs reflected in this Writ Petition is symptomatic of all development and redevelopment in this city," the court said.

• The bench appointed a court receiver to take physical possession of the petitioners flat and issued the following directions.
• Builder to provide separate hygienically treated water tank for storage of drinking water and it is filled with water provided by the MCGM. Twenty – litre Bisleri water to continue.
• Explanation on Affidavit as to how Part Occupancy Certificate was issued in the absence of amenities.
• Petitioner to continue in reside in transit accommodation at builders cost till all amenities are provided.

The bench subsequently posted the matter for hearing August 24, 2022.

Case Title: Subodh M Joshi Versus Municipal Corporation of Greater Mumbai & Ors

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