Mumbai, Nov 11: The Brihanmumbai Municipal Corporation today moved the Mumbai High Court to challenge a civil court order which had ordered attachment of the municipal commissioner's chair for alleged violation of Brihanmumbai Municipal Act 1988. The appeal filed by the municipal corporation would come up for hearing tomorrow. For the first time in the history of the corporation, the commissioner's chair was attached by the court on a plea made by a city resident that the civic body had failed to plug the leakage from the toilet of the flat above her house.

Armed with the court order, the resident, Jennifer Fernandes, yesterday came to the civic body headquarters and served a copy of attachment of municipal commissioner's chair. At that point of time, the commissioner was not in office and she was persuaded not to insist on having the chair removed, civic sources said. Two years ago, Fernandez noticed leakage in her house from the toilet of the flat above and urged the concerned family to repair it. When her request fell on deaf ears, she brought it to the notice of the ward officer.

According to BMC Act, a toilet has to be built on a space which has a toilet in the flat below and it could not be constructed in any other area of the house.

Passing strictures against BMC's buildings and proposals department for its failure to follow the law, the court had ordered BMC to rectify the problem. However, the civic body hired a plumber who merely conducted a survey but did not plug the leakage.

Bureau Report