The main legal point established is that the Municipal Corporation Act does not empower the advance disconnection of water and electricity supply, and such action is impermissible.

1. Whether the Respondent-Corporation and/or such local authorities, who are even otherwise, as per the provisions of statute required to provide drinking water and/or water to the residents or occupants of the respective premises, which are subject to the requisite payments and/or charges can disconnect such amenities, merely because notice under Sections 354 of the Municipal Corporation Act, 1888 (for short, the MMC Act) was issued, as according to them the building is in dilapidated condition and therefore, they have no choice but to disconnect necessary amenities like water and electricity to hasten up evacuation process.

2. The power of Respondent-Corporation based upon above provisions and as elaborated recently in Tadeshwar Wadi Cooperative Housing Society Ltd. Vs. State of Maharashtra & Ors. (2013 (3) Bom. C.R. 79), just cannot be disputed. The learned counsel appearing for the Corporation has also relied on Sections 61 and 489 (3) of the MMC Act.

3. To implement and take necessary measures for eviction and/or all those prior actions before taking steps to forcibly dispose and/or evict the occupants/occupiers/tenants, who inspite of due notice failed to evict and/or vacate the premises, the power is there but the question still remains that, at what stage they should invoke such drastic powers which deprived such occupants even to use and enjoy the essential amenities like the water and electricity. The provisions so read and referred and so also the judgment empowered them to take all necessary measures and steps, but in my view, those steps need to be taken simultaneously and/or on the date of eviction itself and/or specific action day which they have given notice for the same.

4. The situation here in the present case is that, though notice under Section 354 issued in the month of May 2013, because of pendency of litigations, no further steps taken by the Corporation to get the premises vacated/demolished. On 22 November 2013, as stated, the Corporation disconnected the water supply. The threat is that they will see to disconnect the electricity supply also.

5. The adequate provisions or measures, which are read and referred, in no way and rightly contended by the learned senior counsel appearing for the Appellant empowered them (Respondent Nos.1 to 3) to take away the essential amenities like water/ electricity. The occupants/tenants unless evicted in accordance with law, are entitled for these amenities uninterruptedly. This in no way obstruct and/or can be stated to be a hurdle in way of the Corporation's power and/or local authorities' power to take action of evacuation after due notice.

6. The advance disconnection in such fashion, in my view, is totally unjust, unacceptable and shows inhuman approach of the local bodies, one who instead of providing the amenities to the citizens, merely because eviction notices are issued, and they have a power to take such necessary steps, by this method compelling/forcing the occupants/tenants to vacate the premises, this is nothing but taking away the rights of the citizen/occupants to use the necessary amenities like water and electricity, which is otherwise available and provided under Article 21 of the Constitution of India. The water and electricity if are essential part of life, such disconnection “to hasten up the evacuation process” in my view, is impermissible.

7. The submission is made referring to the circular issued under the MMC Act, whereby the instructions are provided in situation like this where the dangerous buildings are involved. The relevant clauses 2 and 5 read as under:-

“7. Dangerous buildings-

2] Sincere efforts should be made to vacate the occupants of dangerous bldgs. of C1 category. As a part of the efforts, the electricity and water supply should be disconnected, to hasten up evacuation process.

5] Wherever necessary, tenements should be made available in M/E & M/W Wards for transit purposes for municipal buildings evacuation. In respect of private b