In their letter addressed to the PMC Commissioner, builders’ fraternity and the architects’ association, they have said that even as the PMC had obtained an undertaking/affidavit from the builders concerned who have assured them that it will be their responsibility to supply water, the builders have failed to do so and have inconvenienced the flat owners. They said it was illegal to undertake any affidavit from the builders regarding provision of water.
Founder member and activist Aroona Nafday stated that the PMC is hand in glove with the builders and the corporation should discontinue this practice which is in violation of Section 63 of the BPMC Act 1948. “The PMC should not sanction any building construction plan in areas where PMC is unable to supply water and in case if the plans are sanctioned in this manner, PMC should disclose to citizens through their website all details regarding the same such as the name of the builder and the project and other details. The builders should disclose in their advertisements as well as in the agreement about details regarding supply of water, especially details of affidavit undertaking given by them.”
The association of architects should also caution its members not to be a party to any such construction plan and any resolution/circular/directions of the PMC permitting the sanction of the plan on the basis of such affidavit/undertaking should be cancelled with immediate effect. Nafday said the PMC should disclose on the PMC website under which provision of law, rule or bylaw this practice has been implanted. “The PMC has no authority to sanction these plans and help the builders' lobby putting the purchasers at risk,”' said Nafday in notices issued to the corporation. They too are planning to tie up with the PIL in the HC.
When PMC Commissioner Mahesh Pathak was questioned on the issue he said that each plan is different and height of the building definitely plays a part with water not being pulled to these buildings. “Citizens should check the zone before investing in the flats. However we have planned 52 elevated reservoirs in major areas on the outskirts to address the issue,” he said. He said in Mumbai, the BPMC is responsible only for drinking water and for water for other uses, the builder has to provide through rain water harvesting or any other means. PMC officials said people can get the “zonal certificate” of these areas before investing.
While builders put the onus on PMC, Satish Magar representing the builders lobby stated they get the sanction after providing the line and after paying development charges. "If the water is not adequate it is the PMC's responsibility to increase the quantity of water,” Magar said.