Thursday, October 12, 2017

Bombay High Court lifts ban on issuance of commencement and occupancy certificates for housing projects in Baner & Balewadi

In the last 6 months, after Bombay High Court issued the stay order,
no individual flat-owner or housing society in Baner Balewadi
came forward with the complaints about water shortage!



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.

“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 Chief Justice (CJ) Manjula Chellur.

“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 - Chief Justice (CJ) Manjula Chellur and Justice Nitin Jamdar - 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."

The court was hearing a public interest litigation (PIL) filed by corporator Amol Balwadkar.

Earlier (in May 2017), the court had restrained the Pune Municipal Corporation (PMC) from doling out these - commencement and occupancy - certificates - to the new buildings, while hearing the PIL.

The petition stated that over 200 societies were facing problems in securing basic amount of water - 150 litres per person - which is provided by the PMC on daily basis.

The overall requirement is 165 lakh litres. However, the PMC only provided 60 lakh litres, which is far from adequate.

The report also stated that it had supplied 21,533 water tankers in these areas between 2015 and 2016.

Apart from this civic body help, the residents had arranged for 1.40 lakh tankers at the cost of Rs 12 crore in the same duration to replete their supply.

After hearing the case on Tuesday, Chief Justice Manjula Chellur and Justice Nitin Jamdar asked for formation of a committee to keep an eye on water supply and the availability scenario, a report of which has to be submitted every two months.

"Let us see how this committee works,“ said the CJ, adding that the PIL would be kept pending.

Read more at:

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

2) Court lifts ban on construction for Baner, Balewadi

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