PRARTHANA HEIGHTS CHSL. Vs. MCGM & ORS.

JUDGEMENT

(1.) The Petitioner is a Co-operative Housing Society formed under the Maharashtra Co-Operative Societies Act, 1960 ('MCS Act'), of Members owning flats in a Buuilding called "PPrarthana Heights,, at Parel, in Mumbai, the detailed address being mentioned in the cause title of this Writ Petition. Prarthana Heights is a free sale component building, constructed by Respondent No. 4 - Prarthana Enterprises, pursuant to a redevelopment project under DCR 33 (7).

(2.) Respondent No. 1 is the Municipal Corporation of Greater Mumbai ('MCGM') constituted under the Mumbai Municipal Corporation Act, 1888 ('MMC Act'). Respondent No. 2 is the Assistant Engineer (Water Works), F/South Ward. Respondent No. 3 is the Administrative Ofcer (Estate), F / South Ward. Respondent No. 4 is Prathana Enterprises, Developer of Prarthana Heights.

(3.) The present Writ Petition is directed against: (i) the communication dated 23rd July, 2020 and 20th April, 2019 from Respondent No. 3 to Respondent No. 2, calling upon Respondent No. 2 not to grant the Petitioner's application for water connection on humanitarian grounds in view of Respondent No. 4 not having paid the entire 'capitalized value' dues payable by Respondent No. 4 to Respondent No.1 - MCGM; and (ii) the communication dated 24 th May, 2019 from Respondent No. 2 to the Petitioner, rejecting the Petitioner's Application on the basis of the communication received from Respondent No. 3. The Petitioner also seek a direction to Respondent Nos. 1 to 3 to grant a water connection on humanitarian grounds to the Petitioner.