Right to facilities

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

March 03, 2017 02:36 pm | Updated 02:36 pm IST

CHENNAI, TAMIL NADU, 03/09/2014: The remodelled apartments of TNHB at Rajaram colony, Kodambakkam in Chennai. 
Photo: B. Jothi Ramalingam

CHENNAI, TAMIL NADU, 03/09/2014: The remodelled apartments of TNHB at Rajaram colony, Kodambakkam in Chennai. Photo: B. Jothi Ramalingam

We have been staying in a three-year-old flat at Puzthivakkam. As we face water scarcity in this area I had to arrange for an additional tank apart from the common one. I have used this to bring clear water into my house without disturbing the main pipeline.

I was assured by builder that none of the other residents would object but now they are asking for the removal of the tank. How should I proceed?

V Geetha

Chennai

All common areas and common facilities in the building have to be used by individual flat owners in accordance with the provisions contained in the bye laws of the Association. If the Association is not registered or if there are no bye laws, the issue has to be looked at from the perspective of whether there is infringement of any right of other owners. In your case, if the additional tank does not affect the supply of water to any other owner, you can request the other owners not to insist on removal of the same. If you cannot resolve this amicably by mutual discussion, you may have to seek an injunction from a competent court and your remedy will depend on whether your claim is bonafide, fair and equitable.

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