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Flat owner's association objecting to construction of water tank
19-Oct-2023 (In Civil Law)
I have one salon and there I took a commercial water connection from kolkata corporation one year back.Flat owner's association gave N.O.C for that.There was a water reservoir in front of my shop premises to store water.Few days back I tried to reconstruct that water tank to make the capacity more. But now flat owner's association informed police & councillor to stop work because this water tank is not in sanctioned plan.As per our deed we have right to get water and generator from the residential complex itself, for that we don't need to apply any other connection But flat owners association restrained us to give our right. I am not getting direction how to start that stopped work or legalize the water reservoir.Is it possible to get any stay order from the court for the water tank unless or untill flat owner association give us the water connection from inside the residential complex which is already mentioned in our deed.
MY OPINION THAT you have absolute constitutional rights and privilege to establish your right, you have multiple choice and way to establish your constitutional right through the competent forum, you have to prepare for taken your further steps, contact with immediately,
Helpful?
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Hello,
Firstly, if it is not in sanctioned plan they can object though, you can regularize it after going through few procedure. I presume this water reservoir is not only for your use but for the whole building and in that case, you need consent from them too to reconstruct it. Now, if it is mentioned in the deed that flat owner association will give you the water connection from the inside the residential complex then you are legally entitled to it which can be enforced through court order. Though, before going to court you can also negotiate with them through your lawyer which will save your money and time. Feel free to contact me for further assistance.
Regards.
Advocate Pritha Basu
Firstly, if it is not in sanctioned plan they can object though, you can regularize it after going through few procedure. I presume this water reservoir is not only for your use but for the whole building and in that case, you need consent from them too to reconstruct it. Now, if it is mentioned in the deed that flat owner association will give you the water connection from the inside the residential complex then you are legally entitled to it which can be enforced through court order. Though, before going to court you can also negotiate with them through your lawyer which will save your money and time. Feel free to contact me for further assistance.
Regards.
Advocate Pritha Basu
Helpful?
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Dear Sir, perused your question in details. As per the law, no one has the right to stop water or electricity connection. In such circumstances, you can apply to the High Court for restoring water connection. Please contact for more details.
Helpful?
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Adv. Abhishek Dutt
Kolkata | 100+ Answers
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