Case Note & Summary
The Bombay High Court was hearing a Public Interest Litigation (PIL) filed by Pani Haq Samiti and others against the Brihan Mumbai Municipal Corporation (BMC) and others. The issue pertained to the supply of water to occupants of illegal slums in Mumbai that came up after 1st January 2000. The petition challenged a Government Circular dated 4th March 1996 which directed local authorities not to release water supply to unauthorized constructions. The Court noted that a large number of illegal slums had been erected on public properties due to failure of authorities to take timely action and the State's inability to provide affordable housing. The Maharashtra Slum Areas Act, 1971, through Chapter IB, protected occupiers of dwelling structures in existence on or prior to 1st January 2000, who held a photo-pass, from eviction except with rehabilitation. The Court observed that the State had initially protected slums existing as of 1st January 1995 and later extended protection to those up to 1st January 2000. The Court issued Rule in the petition and heard arguments on interim relief. The matter was set for detailed hearing.
Headnote
A) Constitutional Law - Right to Water - Public Interest Litigation - The petition challenges the denial of water supply to occupants of illegal slums in Mumbai that came up after 1st January 2000, and the Government Circular dated 4th March 1996 directing local authorities not to release water to unauthorized constructions. The Court issued Rule and heard interim relief applications. (Paras 1-5)
B) Slum Law - Protected Occupier - Sections 3X, 3Y, 3Z of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - The Act protects occupiers of dwelling structures in existence on or prior to 1st January 2000, who hold a photo-pass, from eviction except with rehabilitation. The deadline was extended from 1st January 1995 to 1st January 2000. (Paras 3-4)
C) Municipal Law - Water Supply to Unauthorized Constructions - Government Circular dated 4th March 1996 - The circular directs local authorities to ensure water supply is not released to unauthorized constructions. The petition challenges this circular as violative of the right to water. (Para 5)
Issue of Consideration
Whether the occupants of illegal slums erected after 1st January 2000 are entitled to water supply from the Municipal Corporation, and whether the Government Circular dated 4th March 1996 denying water supply to unauthorized constructions is valid.
Final Decision
The Court issued Rule in the petition and heard arguments on interim relief. The matter was set for detailed hearing. No final decision was made.
Law Points
- Right to water
- illegal slums
- public interest litigation
- Maharashtra Slum Areas Act
- 1971
- protected occupier
- photo-pass
- water supply to unauthorized constructions
Case Details
PUBLIC INTEREST LITIGATION NO.10 OF 2012 ALONG WITH CHAMBER SUMMONS (LODG.) NO.362 OF 2014 AND CHAMBER SUMMONS NO. 74 OF 2012
Mr. Mihir Desai with Mr. Chetan Mali for the Petitioners, Mr. Anil Singh, Senior Advocate with Ms. K.R. Punjabi for Respondent-1-MCGM, Mr. Milind More, Additional G.P. for Respondent Nos.2 and 3, Mr. Jayesh Gawde i/b M/s Thakore Jariwala & Associates for Applicants in Chamber Summons No.74 of 2012, Mr. Harish Pandey- Intervener – Applicant in Chamber Summons No.362 of 2014
Brihan Mumbai Municipal Corporation & Ors.
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Nature of Litigation
Public Interest Litigation challenging denial of water supply to occupants of illegal slums in Mumbai and a Government Circular dated 4th March 1996.
Remedy Sought
Petitioners seek water supply to occupants of illegal slums that came up after 1st January 2000 and quashing of the Government Circular dated 4th March 1996.
Filing Reason
The petitioners challenge the denial of water supply to illegal slums and the Government Circular that directs local authorities not to release water to unauthorized constructions.
Issues
Whether the occupants of illegal slums erected after 1st January 2000 are entitled to water supply from the Municipal Corporation?
Whether the Government Circular dated 4th March 1996 denying water supply to unauthorized constructions is valid?
Submissions/Arguments
Petitioners argue that denial of water supply violates the right to water and is arbitrary.
Respondents likely argue that water supply to illegal slums encourages unauthorized constructions.
Ratio Decidendi
The Court did not deliver a final ratio as the matter was at the stage of issuing Rule and hearing interim relief. The Court noted the need for detailed hearing on the issues raised.
Judgment Excerpts
The issue involved in this writ petition is as regards the supply of water to the occupants of the illegal slums in the city of Mumbai which have come up after 1st January 2000.
In the city of Mumbai, a large number of illegal slums have been erected during the last several years on the public properties held by the State Government, Mumbai Municipal Corporation and other Public Authorities.
Under Clause (c) of Section 3X of the Chapter IB of the Slum Act, a protected occupier means an occupier of a dwelling structure who is holding a photo-pass.
In this petition, a challenge is to the Government Circular dated 4th March 1996 which provides that the Local Authorities shall ensure that the water supply is not released to any unauthorized constructions.
Procedural History
The petition was filed as Public Interest Litigation No.10 of 2012 along with Chamber Summons (Lodg.) No.362 of 2014 and Chamber Summons No.74 of 2012. On 15th December 2014, the Court issued Rule and heard arguments on interim relief. The matter was adjourned for detailed hearing.
Acts & Sections
- Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971: 3X, 3Y, 3Z
