Public Interest Litigation No. 36 of 2016. Case: Mangesh Namdeo Shelar Vs The State of Maharashtra and Ors. High Court of Bombay (India)

Case NumberPublic Interest Litigation No. 36 of 2016
CounselFor Appellant: Vijay Patil, Adv. and For Respondents: A.B. Vagyani, GP and M.P. Thakur, AGP
JudgesDr. Manjula Chellur, C.J. and G.S. Kulkarni, J.
IssueConstitution of India
Judgement DateMay 05, 2017
CourtHigh Court of Bombay (India)


  1. The petitioner is before this Court complaining there is no proper water supply in the area of Ghodbunder Road at Thane which is within Thane Municipal Corporation limit. However, a detailed affidavit from page 62 is filed by the Corporation categorically denying the shortage or deficit of water supply. We are aware of shortage of water within the Mumbai city and the consequential orders granted by the Court with regard to Pune Corporation in PIL 25 of 2016. Definitely, construction activity consumes more water than the normal usage of water. In other words, human beings and other living objects cannot exist and survive without water. Since people in most part of Maharashtra including Thane are reeling under heat waves, water can be treated as life saving. In that view of the matter, Corporation cannot shirk its responsibility which is statutory in nature. Paragraph 7 at page 64 of the affidavit reads as under:-

    7. I say that it is also pertinent to note that the Corporation issues NOC to the developers for making their own building plan and at the time of issuing Occupation Certificate, I say that the Corporation issued 132 NOCs for 14951 flats into 287 buildings under various buildings and approvals. I say that these NOCs are pertaining...

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