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Posers on water affidavit mandate for sanctioned building projects in Pune




PUNE: Citizens have questioned the mandate of " water affidavits" , sought by the Pune Municipal Corporation (PMC) from builders, against the backdrop of a slew of building sanctions given earlier under the jurisdiction of the Pune Metropolitan Region Development Authority (PMRDA).
The PMRDA had granted 690 building permissions in 2020, 755 in 2021, and 280 in 2022.
Officials said that almost all building sanctions in the area were given with these water affidavits.
With depleting water tables, most sanctions were given to builders, who undertook an affidavit to supply water to newly constructed buildings, but failed to do so, stated civic activists in the area.
Ravindra Sinha, a member of the Hinjewadi Maan Residents Forum, said that there are plenty of constructions coming up in the area. While some societies get water from the Maharashtra Industrial Development Corporation (MIDC), others get water from the irrigation department, but the proposed water scheme for 7-8 villages is only on paper. " With more constructions being cleared, there are fewer open spaces for water to seep in, affecting accumulation of groundwater. The burden on these new housing societies is tremendous, with each tanker of 10,000 litres costing anywhere between Rs800 and Rs1,000," he said. He said that the burden was largely on societies to fetch water tankers and not on builders who carry out construction and leave it to the societies to fend for themselves.
Recently, a PIL was filed in the high court by residents of Sus and Mhalunge villages regarding the same. Advocate Satya Muley told TOI that the PIL was filed on behalf of several housing societies in the area. The first hearing took place on April 4 and the next hearing will have both the PMC and PMRDA filing their stand on the PIL, he said.
The PIL stated that there are several hundred housing societies and residential complexes in Sus and Mhalunge area and none of them receive water from the local authorities.
Earlier, these two villages were under the jurisdiction of the PMRDA. Since July 2021, Sus and Mhalunge (along with 21 other villages) are now under the jurisdiction of the PMC, stated the PIL. " PMRDA is still giving permission for new construction in these villages, without making any planning or provision for water supply to the occupants of these residential buildings," the PIL stated.
Advocate Muley said that the PMRDA and the PMC have implemented a method for taking affidavits or undertakings from builders, stating that the builders would be responsible for supplying water to the newly constructed buildings. Without this undertaking (water affidavit), the PMRDA does not give a commencement certificate for new constructions. " This is an illegal act as the supply of water is a fundamental duty of local authority as per the Constitution of India and it cannot pass it on to a builder. After the construction is complete, the builder goes away. The residents are left to suffer on their own and they come under the grip of tanker mafia. This system of taking water affidavits has been challenged in the PIL," he said.



Read the Article here:
The Times of India

Satya Muley

Satya is a leading Civil & Criminal Law lawyer from Western India.
He practices at Bombay High Court, the Supreme Court and Courts in Pune/Maharashtra & New Delhi.
For any queries or support in legal matters you can reach him at or at Contact Us
Click here to read more about us.




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Posers on water affidavit mandate for sanctioned building projects in Pune

PUNE: Citizens have questioned the mandate of " water affidavits" , sought by the Pune Municipal Corporation (PMC) from builders, against the backdrop of a slew of building sanctions given earlier under the jurisdiction of the Pune Metropolitan Region Development Authority (PMRDA).

The PMRDA had granted 690 building permissions in 2020, 755 in 2021, and 280 in 2022.

Officials said that almost all building sanctions in the area were given with these water affidavits.

With depleting water tables, most sanctions were given to builders, who undertook an affidavit to supply water to newly constructed buildings, but failed to do so, stated civic activists in the area.

Ravindra Sinha, a member of the Hinjewadi Maan Residents Forum, said that there are plenty of constructions coming up in the area. While some societies get water from the Maharashtra Industrial Development Corporation (MIDC), others get water from the irrigation department, but the proposed water scheme for 7-8 villages is only on paper. " With more constructions being cleared, there are fewer open spaces for water to seep in, affecting accumulation of groundwater. The burden on these new housing societies is tremendous, with each tanker of 10,000 litres costing anywhere between Rs800 and Rs1,000," he said. He said that the burden was largely on societies to fetch water tankers and not on builders who carry out construction and leave it to the societies to fend for themselves.

Recently, a PIL was filed in the high court by residents of Sus and Mhalunge villages regarding the same. Advocate Satya Muley told TOI that the PIL was filed on behalf of several housing societies in the area. The first hearing took place on April 4 and the next hearing will have both the PMC and PMRDA filing their stand on the PIL, he said.

The PIL stated that there are several hundred housing societies and residential complexes in Sus and Mhalunge area and none of them receive water from the local authorities.

Earlier, these two villages were under the jurisdiction of the PMRDA. Since July 2021, Sus and Mhalunge (along with 21 other villages) are now under the jurisdiction of the PMC, stated the PIL. " PMRDA is still giving permission for new construction in these villages, without making any planning or provision for water supply to the occupants of these residential buildings," the PIL stated.

Advocate Muley said that the PMRDA and the PMC have implemented a method for taking affidavits or undertakings from builders, stating that the builders would be responsible for supplying water to the newly constructed buildings. Without this undertaking (water affidavit), the PMRDA does not give a commencement certificate for new constructions. " This is an illegal act as the supply of water is a fundamental duty of local authority as per the Constitution of India and it cannot pass it on to a builder. After the construction is complete, the builder goes away. The residents are left to suffer on their own and they come under the grip of tanker mafia. This system of taking water affidavits has been challenged in the PIL," he said.


Read the Article here:
The Times of India

Satya Muley
Satya is a leading Civil & Criminal Law lawyer from Western India.
He practices at Bombay High Court, the Supreme Court and Courts in Pune/Maharashtra & New Delhi.
For any queries or support in legal matters you can reach him at or at Contact Us
Click here to read more about us.

Share this page: