New Samrat Welfare Society v. Muncipil Corporaton Of Greater Mumbai

dtg 12-Wp-168-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 168 OF 2025 New Samrat Welfare Society & Anr.

... Petitioners V/s.

Municipal Corporation Of Greater Mumbai & Anr. ... Respondents WITH INTERIM APPLICATION (L) NO. 17368 OF 2023 IN WRIT PETITION NO. 168 OF 2025 Prabhavati Shitalaprasad Yadav ... Applicant In the matter between:- New Samrat Welfare Society & Anr.

... Petitioners V/s.

Municipal Corporation Of Greater Mumbai & Anr. ... Respondents _______________________________________ Mr. Dhananjay Singh i/b Mr. Shailesh Rai for Petitioners. Ms. Aditi S. Naikare for Intervenor/Applicant in IAL/17368/2023. Ms. Meena Dhuri i/b Ms. Komal Punjabi for Respondent Nos. 1 and 2-BMC. Mr. Dattatray Yedley, Sub Engineer, Water Works, P/South Ward, present. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 26th March 2025.

P.C. :

1) Ms. Naikare, learned Advocate appearing for Intervenor Prabhavati Shitalaprasad Yadav, on instructions submitted that, in view of the deliberation in the Court on earlier occasions, her client has now provided pipeline to the residence of Petitioners, which supplies drinking water as per the timing of the Corporation.

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dtg 12-Wp-168-2025.doc 1.1) In view thereof, the grievance of the Petitioners is substantially resolved.

2) We make it clear that, providing water connections to the houses of Petitioners by the Intervenor will not create any equitable right in favour of the Intervenor, who claims ownership on the suit property. 2.1) Vice versa, providing water connections by the Intervenor, Prabhavati Shitalaprasad Yadav, shall not be construed as she has admitted the Petitioners as her lawful tenants.

2.2) The issue of determination of tenancy is already subjudiced before the jurisdictional Civil Court and the concerned Court shall not get influenced of the fact that, the Intervenor has provided water connections to the Petitioners.

2.3) We deem it appropriate to further clarify that, we have entertained the present Petition as the grievance was made to us that, the Petitioners are deprived of the basic requirement of life i.e. potable/drinking water, which infringes their fundamental right as enshrined under Article 21 of the Constitution of India.

3) In view of the above, Petition is accordingly disposed off. 3.1) In view of disposal of Petition, Interim Application (L) No. 17368 of 2023, does not survive and is also disposed off. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 2/2