Pune: Legal Notice To PCMC For Disconnecting Water Supply Of Housing Societies
Pimpri, 20th January 2023: On behalf of the Pimpri-Chinchwad Municipal Corporation (PCMC) Co-Operative Housing Federation and Chikhli Moshi Co-operative Housing Societies Federation, Satya Muley, Advocate of the Bombay High Court, has written to Assistant Commissioner, Property Tax Department PCMC, Nilesh Deshmukh, regarding the disconnection of water supply to societies.
“The notice issued by the PCMC states that individual flat occupiers do not take individual water connections. Therefore, the Housing complexes take common water connections and thereafter distribute the water through an internal water pipeline network. There is the common consent of all the flat owners for such an arrangement. Due to such an arrangement, you have assumed that based on principles of natural justice, any property tax outstanding even from one or some flats in any such Housing Complex gets classified as property tax outstanding against the entire Housing complex,” Muley wrote.
The legal notice states that due to some property tax defaulters and based on the explanation stated in it, it is believed that the PCMC feels that disconnecting the water connection of the entire housing complex is legal and logically right. Muley has argued that this perception is incorrect.
“The PCMC is not competent to proceed with any such act of disconnecting water by interpreting the principles of natural justice in a manner which is convenient to you. You shall have to follow the due procedure of law as stated in Maharashtra Municipal Corporation Act, 1949. The Sections cited in your warning notice Viz. 128 and others do not confer any authority or power upon the PCMC to disconnect the water connection to conduct property tax recovery. You can not be a judge in your cause and state that your actions are justified. Go, follow the due procedure!” Muley wrote.
Muley has highlighted various parts of the PCMC notice, showing how their perspective is incorrect. Muley concluded the letter by stating that water is a necessity and a basic right for every human and that the PCMC should not handle the matter lightly.
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