``There is no clause in the BMC where water can be denied to tax paying citizens on humanitarian grounds,'' argued counsel for the housing society, Sumedha Rao. The counsel for the BMC, however, submitted that there were certain Development Control Rule (DCR) violations in the society. ``But, 10 years without water is a very long time,'' he added.

The division bench of Justice N J Pandya and Justice S S Parkar directed that the housing society apply for a water connection within two weeks to the BMC and directed the civic body to decide on theapplication depending on the case. The matter is to be heard next on June 10.

For the petitioners it is a long nightmarish fight for water. According to the petitioners, they were forced to take possession of their flats in 1989, despite the BMC not providing them with the requisite Occupation Certificate (OC), or even providing them with the water supply, since the residents had taken hefty housing loans and were paying heavy interest on them.

The flat owners relied on the assurance of the builder, B Y Builders that steps were being taken to arrange for municipal water. By 1990, however, the petitioners realised that no steps were being taken to get them water supply and decided to write to the civic body. The BMC's building proposals department informed the residents that certain conditions remained to be fulfilled by the builders before obtaining the OC from them. The architect for the builders, then wrote to the BMC clarifying the objections.

The petitioners, however, have accused the two of beingin collusion with each other and have charged them with harassing the residents to make exorbitant profits through the tanker water, which they claimed was unhygienic and a threat to their health.

With no response from the BMC on a legal notice sent by the housing society in March 1999, the society decided to move court.