BMC asks developers to apply for water connection before they seek occupation certificate

The Bombay HC, in August 2022, had remarked that the BMC is issuing part/ full OC without providing water supply without complying with the conditions of section 27OA of the MMC Act, 1888 and it intends to pass a direction in future that no OC 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.

Post this, the BMC sought a legal view in which it was opined that section 270 A of the MMC Act emphasises that water connection is to be given before issuing OCs. It states that a certificate under section 270A must be obtained before occupation permission is issued by the Authority.

Thereafter in a joint meeting, the BMC officials decided to ensure that the application of water connection is made before the application of OC and that it is followed in totality.

BMC's decision

In a circular dated September 22, 2022, the BMC's development plan (DP) department said, "Architect/Owner shall submit common completion request form (CCRF) along with permission form (P form) for water connection, after issue of further/ full CC that is well in advance before asking for part/ full occupation certificate in online AutoDCR System."

It added, "After compliances of CCRF, Architect shall submit online application for part or full OC as per the practice in force including 270A certificate issued by engineer of the concerned ward. The water bill charges from the date of providing permanent water connection shall be as per water rule no 1 and to be borne by the Owner/ Developer."

In case if the owner/developer fails to submit OC in 30 days from issue of permanent water connection then water connection will be charged as per increased tariff till submission of OC, according to BMC officials.

Decision to benefit homebuyers

The decision will benefit homebuyers considering many times the liabilities or duties of developers come on homebuyers after they take possession post getting the OC, the officials said.

P Velrasu, Additional Municipal Commissioner, told Moneycontrol, "This is a decision to ensure that before the grant of OC the water supply infrastructure is in place. The bonafide purchasers will not face any trouble if this application and water connection are taken before OC is given."

Velrasu added, "Many a times there are outstanding dues by the builder which are passed on to the occupiers later. This can also be avoided by following the policy of getting a water connection before the issuance of OC. As far as the BMC is concerned, we will follow the 'water for all' policy."

How much water supply?

The BMC supplies 3,850 million litres of water daily to Mumbai city and suburbs compared to the demand of 4,250 million litres. There are seven lakes within a 200 km radius of Mumbai that provide drinking water to the city. Currently, water levels in these lakes are above 95 percent as there has been above-average rainfall this year.