Case Note & Summary
The appellant, Balkrishna Dwivedi, filed an appeal against an order of the City Civil Court, Mumbai dated 28.10.2013 refusing to grant ad-interim relief. The appellant sought reconnection of water supply and prevention of disconnection of electricity supply to his flat. The Municipal Corporation of Greater Mumbai had disconnected water supply to the building based on a report that the building's life would not exceed 10 years even after repairs. The appellant contended that no individual notice under Section 354 of the Mumbai Municipal Corporation Act, 1888 was issued to him, and his right to alternate accommodation was being overlooked. The developer, though made a party, did not appear. The court observed that the disconnection of water supply without individual notice is not contemplated under Section 354 of the MMC Act or any circular. The court also noted that the issue of alternate accommodation is not settled and the appellant's rights cannot be overlooked. The court allowed the appeal, setting aside the trial court's order and directing the Municipal Corporation to restore water supply within 48 hours, subject to the appellant depositing arrears if any. The court also directed the trial court to decide the notice of motion expeditiously.
Headnote
A) Municipal Law - Section 354 of MMC Act, 1888 - Notice Requirement - Disconnection of water supply without individual notice to occupant is not contemplated under Section 354 of the Mumbai Municipal Corporation Act, 1888 - The court held that the Corporation's action of disconnecting water supply without issuing individual notice to the appellant/flat owner is not permissible under the Act or any circular (Paras 3-4). B) Property Law - Right to Alternate Accommodation - Demolition - The right of the appellant/plaintiff to alternate accommodation cannot be overlooked before demolishing the building at the instance of the developer or society - The court noted that the issue of alternate accommodation is not yet settled and the developer is not coming forward to execute the agreement (Paras 2-3).
Issue of Consideration
Whether the Municipal Corporation can disconnect water supply to a building without issuing individual notice under Section 354 of the MMC Act, 1888 to the occupant, and whether the appellant's right to alternate accommodation can be overlooked before demolition.
Final Decision
Appeal allowed. The order dated 28.10.2013 passed by the learned Judge, City Civil Court, Mumbai is set aside. The Municipal Corporation is directed to restore water supply within 48 hours from the date of the order, subject to the appellant depositing arrears if any. The trial court is directed to decide the notice of motion expeditiously.
Law Points
- Section 354 of Mumbai Municipal Corporation Act
- 1888 requires individual notice to occupant before demolition
- disconnection of water supply without notice is not contemplated
- right to alternate accommodation must be considered before demolition
