1 wp-1966-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1966 OF 2011 Radha Residency CHS Ltd. ..Petitioners V/s. The Brihan Mumbai Municipal Corporation & Ors. ...Respondents Mr. Ryan D’Souza and Mr. Sameer Singh i/b Pravin Mehta & Mithi co. for the Petitioners Ms P.A.Purandare for the Respondents CORAM : P.B.MAJMUDAR & R.M. SAVANT, JJ. DATE : 11th OCTOBER, 2011. P.C. :- 1 Rule. By consent of the parties made returnable forthwith and heard. Leave to delete the Respondent No.3 is granted. The Learned Counsel for the Respondent Nos.1 & 2 waives service. 2 The Writ jurisdiction of this Court under Article 226 of the Constitution of India is invoked against the notice dated 24-9-2011 issued by the Respondent No.1 under Section 279 of the Mumbai Municipal Corporation Act, 1888. By the said notice, the Petitioners have been informed that the water connection is proposed to be cut on the ground that the building in question is not physically occupied upto 80% of the total number of flats. The said notice has been challenged inter alia on various grounds which are mentioned in the petition. During the course of the hearing of the above Petition, the Learned Counsel appearing for the Respondent No.1 Corporation submitted that the Petitioners have not made compliance of certain 2 wp-1966-11 conditions mentioned in the IOD and the C.C. However, today she is not in a position to state as to which are those conditions which are not complied with. In the facts and circumstances of the case wherein the question is as regards the water supply to the residents of the building of the society is concerned, we deem it appropriate to issue the following directions: (i) The Respondent No.1 to communicate to the Petitioners the compliance, that is required to be made by them of the relevant conditions of the IOD and the CC or any other condition. (ii) On such communication being received by the Petitioners, they may comply with the same within a period of two weeks from the receipt of the said communication. (iii) After receipt of the reply of the Petitioners, the Respondent No.1 Corporation to call upon the Petitioners for hearing and thereafter pass appropriate orders in accordance with law within one week of such hearing. (iv) In the event, the order is adverse to the Petitioners, whereby water supply is to be disconnected, the same is not to be enforced for a period of two weeks from the intimation of the order. (v) Rule is accordingly made absolute in the aforesaid terms with the parties to bear their respective costs. (R.M.Savant, J.) (P.B.Majmudar, J.)