Observing that a municipal corporation cannot discontinue water supply for non-payment of property taxes, the Bombay high court (HC) on Thursday directed the Brihanmumbai Municipal Corporation (BMC) to immediately restore water supply to a commercial building at Andheri (West).
The division bench of justice SJ Kathawalla and justice Madhavan Jamdar directed the civic body to restore the supply to Oshiwara Link Plaza Commercial Premises Cooperative Housing Society, where 119 commercial units such as hotels, restaurant and shops did not get water for about a month.
The society moved HC after the civic body discontinued its water supply on account of non-payment of property taxes. Their counsel, advocate Swarali Joglekar, pointed out that there were 28 major defaulters and because of their defaults in paying property taxes the action was taken by the corporation.
Joglekar also pointed out that though BMC was citing non-payment of taxes as the reason for disconnecting water supply to the building, nine commercial tenements in the building are allotted to BMC, but the civic body has not paid a rupee towards maintenance charges to the society.
A lawyer for BMC responded to the petition, pointing out that the action was taken, as huge amounts were outstanding against the society members. The lawyer said that property taxes to the tune of Rs2.65 crore and dues of the marketing department worth Rs86 lakh were outstanding since 1997, and therefore the action was taken.
The civic lawyer, however, could not answer the court’s query as to whether a municipal corporation can discontinue water supply due to non-payment of property taxes. Observing that such action cannot be taken, HC directed BMC to forthwith restore water supply to the commercial building.
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