HC vacates previous order, allows Thane, Pune civic bodies to issue OC for new constructions


The Bombay High Court has vacated its earlier order that restricted the issuance of occupancy and commencement certificates to new constructions in some areas of Thane and Pune, saying that the restriction would put home buyers in difficulty

The Bombay High Court, on October 11, 2017, vacated its order prohibiting the Thane and Pune civic bodies from issuing occupancy and commencement certificates, to new constructions in some areas of the two cities, over the issue of inadequate water supply in residential colonies.

See also: Bombay HC stays new constructions along Thane’s Ghodbunder Road

In May 2017, the high court had restricted the Thane Municipal Corporation (TMC) from issuing occupancy certificate (OC) and commencement certificate (CC) to any new construction in Thane’s Ghodbunder Road area and the Pune Corporation was prohibited from granting the same to constructions in Balewadi and Baner areas. The restriction order was imposed, after two public interest litigations were filed, claiming that abrupt water cuts in various areas along Ghodbunder Road, Baner and Balewadi, had become a routine exercise and that the residents were forced to buy water from private water tanker suppliers. A division bench of chief justice Manjula Chellur and justice NM Jamdar vacated the restriction and said, “If this restriction continues, then, people who have purchased flats in these areas would face difficulty. Therefore, we permit the two local authorities (Thane Municipal Corporation and Pune Municipal Corporation) to go ahead with the issuance of OC and CC.”

The court, however, ordered that a committee be set up in each district, which would meet once in two months, to redress grievances pertaining to domestic water supply. “Let us see how this committee works. The committee shall report to us from time-to-time. We cannot totally shut our eyes or opine that there is no water supply problem at all. There is bound to be water supply problem when there are so many constructions coming up,” the court observed.

 

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