Question Urgent priority -Terrace is locked and water supply stopped by x-Land Owner

[john_morris001]

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I am residing in a 2 BHK flat. The flat is in my name only and other flat owner requesting me to take the decision on this. There is a common water supply system for building. On the ground floor storage tank and at the terrace we have syntax tank and from this syntax tank water is distributed to all the flats.
As per the declaration agreement between Land owner and Builder, Terrace is belongs to the Land owner. Now Land owner wants to acquire all the flats. He stopped water supply (expects his flats) and locked the terrace area.
When we launched the complaint against land owner to the police, police saying this is a civil matter we can’t into the problem, might be bribe effect.
Can someone please reply to this thread on priority basis, because last 7 days we suffering from water, all the flat owner collecting water with labour-intensive from ground floor to 2nd, 3rd floor.
Please help us to resolve this matter on urgent priority
Hope you understand

[euphoria_82]

As per the declaration agreement between Land owner and Builder, Terrace is belongs to the Land owner.

If this is what is written in the Registered Agreement, technically the Land owner is right in his claim to the ownership of the terrace...

This is quite a tricky situation, wherein you are being 'black mailed' into giving in to the land owner's demand...

Surely police must have been bribed, they wont act on such a 'civil' complaint unless they receive an order from a court. From my understanding of such matters, I would like to suggest you to drag the landowner to the court, and present your case in such a way that as long as the matter is 'sub judice' the court orders an interim relief to you and orders the Landowner to allow you the access to the terrace and the use of the water tank stored therein.

Try appointing a civil lawyer to take up your case in this manner. Let us know if this suggestion seems feasible to you.

[john_morris001]

As per the Maharashtra Ownership Flats Act 1963, section 4(1A) a (iii), (viii), (x) and section 10(1), the builder/promoter have absolutely no right or authority to sell terrace. In fact none of the provisions, individually or collectively, authorise the builder or any other entity including the society, to sell a terrace of the building.

euphoria_82 - Thanks for prompt response, I got this information in one of news paper, Can we prove above point in court ? is authenticated ?
Please let me know eagerly waiting for response

[john_morris001]

Friends please provide helping hand as we are middle of lunching appeal............

[john_morris001]

Originally Posted by john_morris001

Friends please provide helping hand as we are middle of lunching appeal............

Friends please provide helping hand as we are middle of launching appeal

[ha9820174108]

1. The Land Owner is the owner of the "LAND" or say plot of property.

2. The terrace area is NOT a piece of "LAND" and does not classify as a plot of property.

3. The terrance area is mandatorily an safety area and a mandatory "Open Area" and "Common space" under most of the Civic Development rules.

4. Nobody can EVER be the owner of the Terrace,which includes the nefarious Land Lord. If the Terrace is the property of the Land owner then the staircase is also the property of the Land owner and he will stop you using the staircase and THEN you can have rope-way to go to your flats. Even the meter room and the ground water tank will also be claimed as his property by the Land Owner. Funny nuisance.

5. Even if the agreement shows that Terrace is property of Land Owner, then such agreement is Null and Void in the eyes of law.

6. Stopping of water supply is a Criminal offence and not a Civil offence. Make a personal representation to the S.P. of your police area/zone and say that the Land owner is doing Criminal Intimidation & threatening to the flat owners.

7. You may file a Writ Petition in the High Court to restrain the Land Owner to lock the terrace and / or to sell the terrace place to anybody else. The land owner will be trapped for life.

SUGGESTION :
8. Break-open the terrace lock and totally dismantel and remove the terrace door itself alongwith the door hinges.

9. If the police say that this is a Civil matter, THEN in that case when you remove the terrace door, THEN that too will be a Civil matter and the police will not interfere with you too.

10. If you are procuring water from the ground tank, then that means that there is no need for water to be pumped to the terrace tank. Hence remove the motor water-pump that pumps water to the terrace and totally remove the motor pump electric wiring too and the land owner will also not get water in his flats.

Of course, if the flat owners do not have the guts or the courage to do above, they can always tie a pully to their windows and pull up buckets of water, till the building falls down.

Keep Smiling .... Hemant Agarwal