We fail to understand how an “occupancy” certificate can
ever be issued to a structure that is totally unfit for human
habitation. “Occupancy” posits habitability; and an essential
requirement of any habitable premises is the provision of basic
amenities. Water and power are the most basic. It is indeed alarming that the MCGM seems to take it for granted that a building without a regular water supply can be considered habitable and eligible for an ‘occupancy’ certificate. We refuse to accept any such interpretation. To do so would be to deliver manifest injustice to residents across the city.
19. We intend to pass a direction in future that no Occupation
Certificate is to be issued unless the developer can demonstrate that he has already made preparations by laying the appropriate pipelines for connecting to the municipal mains. In high rise buildings all lifts (not construction elevators or construction lifts) must be in full working order. It must not be forgotten that when we are talking about people moving in, this includes the old and the infirm and young children as well. Saying that a building is ready but providing a staircase without a guard or a handrail is to put at risk the lives of future residents of this building. {Para 18}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 21683 OF 2022
Subodh M Joshi Vs Municipal Corporation of Greater Mumbai & Ors
CORAM: G.S. Patel & Gauri Godse, JJ.
DATED: 17th August 2022
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