Installation of additional water tanks by individual members
tushar deherkar
(Querist) 21 October 2014
This query is : Resolved
Our builder has provided additional water tanks in individual flats as the area used to face water shortage. 1BHKs were provided 1 tank and 2 BHKs were provided 2 water tanks. Now certain members have built additional water tanks in their flats, i.e. over and above the builder provided amenities. Is this legal? None of them have taken any permission whatsoever from the society.
Are such alterations allowed?
Can members install such tanks to get undue advantage especially since the committee is enforcing stringent water timings?
Is it not a risk to the structure as water tanks have considerable weight..?
What legal action can be taken against such members?
Devajyoti Barman
(Expert) 22 October 2014
There is nothing legal or illegal in it.
Refer to your bye-laws if any.
if there is none then you have to be unanimous to take action else you lodge complaint with local Municipality about excess water storage of certain flat owners.
ajay sethi
(Expert) 22 October 2014
it is illegal on part of members to install additional water tanks for storage of water tanks in flats . if any member is aggrieved he can complain to muncipal corporation about it .
although it is illegal most flats in societies have installed water tanks for storage of water .
Rajendra K Goyal
(Expert) 22 October 2014
If the bye laws of the society allows for the same, society can not check it without specific resolution in the AGM.
If aggrieved, should complaint to municipal corporation, society and to registrar also.
H.M.Patnaik
(Expert) 23 October 2014
I have not seen Bye-laws of any registered society providing for any ceiling on installation of overhead water tanks for storage of water during my long practice. Such matters are discussed in society meeting and decided as per decision of majority members in absence of any clear cut guideline issued by competent govt. authority.
Besides, while issuing approval of Building plan, concerned authority allows suchfacilities basing on load bearing capacity as well as requirement of apartment owners.
Anirudh
(Expert) 23 October 2014
Dear Mr. Tushar,
Pl. indicate, in case a resident stores water in a number of vessels say in drums / jerry cans etc., and keeps it for his use each day. Whether it is legal or illegal? Whether any separate permission is required from the society?
tushar deherkar
(Querist) 24 October 2014
Anirudh,
We receive sufficient water to allow 24 hr supply to the society. Some members who have built such extra tanks are unecessarily creating opposition. Quite a few expert responses say that it requires municipal permission and isn't legal if permission not taken. I can also install multiple tanks but don't want to break any law like others have done. A water tank with minimum 300 litre capacity will weigh a minimum of 300 kilos approx and if everyone does it then that wud be additional load inspite of having a common overhead tank. Some responses also talk about limits on retaining extra water... I wanted to be sure about the legal perspective before I discuss this in AGM.
Sudhir Kumar, Advocate
(Expert) 24 October 2014
making such query should only after heaving read and understood bye-laws of the society. without which you are not aware of the facts and cannot seek a sound advise.
Hemant Agarwal
(Expert) 26 October 2014
1. In Mumbai (BMC area), hoarding "water", in any type of container/tank (or whatever) is illegal and punishable with a fine of Rs. 2500/- AND a continuing offence will lead to revocation of the "occupancy certificate (OC)", to the Society building.
2. However, the BMC does give permission, after due application with fees, to install "temporary" water tanks, for specific events /functions /emergency.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 23 October 2014
