WP1133-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1133 OF 2010 Chittaranjan Nagar Coop.Housing Society Ltd. And Anr. .. Petitioners Versus Municipal Corporation of Greater Mumbai and Ors. .. Respondents Mrs.N.V.Sanglikar for petitioners Mr.G.W.Mattos, AGP for MHADA Ms.V.S.Gharpure for respondent BMC. CORAM : MOHIT S. SHAH, C.J. & S.C.Dharmadhikari, J. Date : 2nd August 2010. P.C. 1] In compliance with the directions given in order dated 19th July 2010, affidavits in reply are filed on behalf of Municipal Corporation and MHADA. 2] In the affidavit dated 29th July 2010 filed on behalf of MHADA it is stated that the outstanding dues from the petitioner society for the period upto 26th October 2009 are Rs.12,70,318/- after giving credit for WP1133-10 2 the amount of Rs.10,90,315/- paid on 27th July 2009. The amounts payable by respondent Nos. 5 and 6 are also mentioned in the statement (Exh.”2”) to the affidavit in reply of MHADA. 3] However, as far as Municipal Corporation is concerned in the affidavit dated 31st July 2010, filed by the Assistant Engineer (Water Works) N-Ward it is stated that the outstanding dues of the existing common connection under Code No.NXA-2860006 are Rs.60,22,358/- and that, therefore, separate water connection cannot be given to the petitioner society. 4] Having heard the learned Counsel for petitioner, Municipal Corporation and MHADA and having regard to the contentions of petitioner society that they cannot be made liable to pay water charges payable by respondent Nos. 5 and 6 societies and also that according to the petitioner society respondent Municipal Corporation cannot charge telescopic rates, we dispose of this petition with a direction that subject to the petitioner society depositing with the respondent Corporation a WP1133-10 3 sum of Rs.25 lakhs without prejudice to the rights and contentions of the parties, the respondent Corporation shall provide separate water connection and install separate water meter for the petitioner society within two weeks from the date of deposit of 50% of the said amount by the petitioner society. The petitioner society will pay the above amount in two equal installments of Rs.12,50,000/- each, the first one being paid within four weeks from today and the second within four weeks thereafter. On deposit of first installment the Corporation shall within two weeks, provide separate water connection and separate water meter to the petitioner society. 5] It is clarified that this order is passed without prejudice to the rights and contentions of the parties and the respondent Corporation shall issue separate bill indicating liabilities of the petitioner society as distinguished from that of respondent Nos. 5 and 6 societies for the entire period in question, within four weeks from today. Thereafter, it will be open to the petitioner society to raise a dispute challenging such quantification by moving the Hydrolic Engineer who shall decide the WP1133-10 4 said dispute within two months from the date of such dispute being raised before him. In case the petitioner society is aggrieved by the decision of Hydrolic Engineer, it will be open for the petitioner society to challenge the same before appropriate competent forum. 6] The petition stands disposed of accordingly. Liberty to apply in case of difficulty. (CHIEF JUSTICE) (S.C.DHARMADHIKARI, J)