Appeal from Order No. 1377 of 2013 with Civil Application No. 1640 of 2013. Case: Manjul Darshan Building Tenants Welfare Association & Anr. Vs Municipal Corporation of Gr. Mumbai & Ors.. High Court of Bombay (India)

Case NumberAppeal from Order No. 1377 of 2013 with Civil Application No. 1640 of 2013
CounselFor Appellant: Mr. Anil C. Singh, Senior Advocate a/w Mr. Shailesh Kumar Rai, Advs. and For Respondents: Mr. A.Y. Sakhare, Senior Advocate a/w Joel, & Mr. A.J. Bhor and Ms. Yamuna Parekh, Advs. and Mr. Hitesh Solanki i/by M/s. Manoj & Ashok Associates
JudgesAnoop V. Mohta, J.
IssueMunicipal Corporation Act, 1888 - Sections 354, 61, 489(3); Constitution of India - Article 21
Judgement DateDecember 21, 2013
CourtHigh Court of Bombay (India)

Order:

  1. Whether the RespondentCorporation and/or such local authorities, who are even otherwise, as per the provisions of statute required to provide drinking water and/or water to the residents or occupants of the respective premises, which are subject to the requisite payments and/or charges can disconnect such amenities, merely because notice under Sections 354 of the Municipal Corporation Act, 1888 (for short, the MMC Act) was issued, as according to them the building is in dilapidated condition and therefore, they have no choice but to disconnect necessary amenities like water and electricity to hasten up evacuation process.

  2. The power of RespondentCorporation based upon above provisions and as elaborated recently in Tadeshwar Wadi Cooperative Housing Society Ltd. Vs. State of Maharashtra & Ors., 2013 (3) BomCR 79, just cannot be disputed. The learned counsel appearing for the Corporation has also relied on Sections 61 and 489 (3) of the MMC Act.

  3. To implement and take necessary measures for eviction and/or all those prior actions before taking steps to forcibly dispose and/or evict the occupants/occupiers/tenants, who inspite of due notice failed to evict and/or vacate the premises, the power is there but the question still remains that, at what stage they should invoke such drastic powers which deprived such occupants even to use and enjoy the essential amenities like the water and electricity. The provisions so read and referred and so also the judgment empowered them to take all necessary measures and steps, but in my view, those steps need to be taken simultaneously and/or on the date of eviction itself and/or specific action day which they have given notice for the same.

  4. The situation here in the present case is that, though notice under Section 354 issued in the month of May 2013, because of pendency of litigations, no further steps taken by the Corporation to get the premises vacated/demolished. On 22 November 2013, as stated, the Corporation disconnected the water supply. The threat is that they will see to disconnect the electricity supply also.

  5. The adequate provisions or measures, which are read and referred, in no way and rightly contended by the learned senior counsel appearing for the Appellant empowered them (Respondent Nos. 1 to 3) to take away the essential amenities like water/ electricity. The occupants/tenants unless evicted in accordance with law, are entitled for these amenities uninterruptedly. This in...

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