1 A.O. 962 of 2011 (905) saj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 962 OF 2011 WITH CIVIL APPLICATION NO. 1281 OF 2011 Mr.Gulam Mohammed Ansari .. Appellant V/s Municipal Corporation for Greater Mumbai & Ors. .. Respondents Mr. Atul G. Damle i/by Mr.J.P.Singh for the Appellant Ms. K.K.Foron for M.M.C. CORAM : MRS. ROSHAN DALVI, J. DATED : 23RD AUGUST, 2011 P.C. : 1. The Appellant was issued two notices by the M.M.C.; one was in respect of certain unauthorized construction on the terrace abutting his tenanted premises and the other was for a water connection. Necessary action under Section 351 of the MMC Act is stated to have been taken by Counsel on behalf of the Appellant. 2. Ad-interim Order came to be passed against disconnection of the water connection upon the notice of the M.M.C. dated 31.03.2011. The notice mentions about 20 mm dia water connection for residential use. It calls upon the Appellant to produce necessary documents issued by the M.M.C.. No documents are produced on the ground that he has none and 2 A.O. 962 of 2011 (905) the documents are only with the landlord. 3. The Appellant is entitled to one water connection. If there is any water connection other than 20 mm dia water connection mentioned in the notice dated 31.03.2011, the Appellant would not be entitled to any order of restoration of the water connection mentioned in the notice as the second connection would be per se illegal. Counsel on behalf of the Appellant states that the Appellant has only one water connection. The Officer / Inspector of the M.M.C. shall forthwith inspect the water connection in the premises of the Plaintiff / Appellant . If he has two water connections the connection under the notice may be disconnected. If he has only one water connection, it shall not be disconnected. That water connection should be continued upon payment of the arrears of water charges on such water connection. 4. Appeal From Order disposed of accordingly. 5. Notice issued to the landlord of the premises for application to be made today is kept on record. ( ROSHAN DALVI, J.) 3 A.O. 962 of 2011 (905)