Mumbai: Co-operative Court Orders Society To Restore Topiwala Theatre's Water Supply, Terms Disconnection Arbitrary

Mumbai: The Co-operative Court, Mumbai, has directed the Topiwala Centre Premises Co-operative Society Ltd to restore the water supply to Topiwala Theatre after the theatre approached the court complaining of its disconnection. In its four-page order, the court criticised the society's decision to disconnect the water supply, observing that cutting off water was not an appropriate way to enforce its demands. The court has accordingly ordered the restoration of the water connection to the theatre.

Water Is A Basic Essential Need, Observes Co-operative Court

“It is to be noted that water is one of the basic essential needs. Water supply is an essential amenity for the use and enjoyment of any premises, and it cannot be disconnected easily. If the disputant society has any grievance about the payment of maintenance charges, then the society is always at liberty to initiate appropriate legal proceedings against the disputant (theatre).”

" Cutting off the water supply is not a proper way to compel the disputant to pay the dues. Hence, it is prima facie seen that the society's act of cutting off the water supply is arbitrary. However, the disputant is entitled to the supply of water for its daily activities,” the order stated.

Topiwala Theatre Approaches Court After October 8 Water Disconnection

The dispute arose after the society allegedly disconnected the water supply to Topiwala Theatre on October 8, 2026, and also allegedly restricted its access to the terrace. The theatre approached the court by filing an interim application, seeking restoration of the water supply and permission for its staff to access the terrace to inspect and maintain a satellite receiver dish.

In its application, the theatre submitted that despite having paid around ₹36 lakh towards maintenance charges and ₹22.55 lakh towards property tax, the society had allegedly disconnected its water supply on unreasonable grounds. It argued that the disconnection was affecting the theatre's day-to-day functioning and sought urgent interim relief.

Society Cites Severe Water Shortage And Pending Maintenance Dues

Opposing the application, the society admitted that the water supply had been disconnected. However, it argued that it was facing a severe water shortage and that dues were pending from the theatre.

The society relied on a complaint dated September 1, 2026, bearing the stamp of the Brihanmumbai Municipal Corporation's (BMC) water supply department, claiming that the entire Goregaon area was facing a municipal water crisis, with the supply reportedly restricted to just 30 minutes a day.

The society contended that the shortage was due to civic infrastructure constraints and that it had to ensure water availability for its other members as well. It also alleged that the theatre had suppressed material facts regarding the municipal water shortage.

After considering the submissions, the court noted that the society had admitted disconnecting the water supply, citing water scarcity and non-payment of dues. However, it observed that the society had not stated that it had disconnected the water supply of all its members, indicating that the action was directed specifically against the theatre.

“Cutting off the water supply is not a proper way to compel the disputant to pay the dues,” the court observed, adding that water scarcity in the Goregaon area could not, by itself, justify such disconnection.

The court, however, declined to grant interim permission for the theatre and its staff to access the terrace for inspection and maintenance of the satellite receiver dish. It noted that the interim prayer was identical to the main relief sought in the dispute and that granting it at this preliminary stage, without recording evidence from both sides, would amount to deciding the issue prematurely.

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