Can builder construct overhead water tank on open space
(Querist) 03 June 2023
This query is : Resolved
Hi. I recently bought a plot in a housing development society (they sell small plots for construction of individual houses within a gated society, with shared amenities). This lies in the Mangaon Taluka of Raigad District in Maharashtra.
The plot I bought had a "Open Space" of 2108 sqmt designated right behind it on the official Sanctioned Layout blueprint.
Here is the link to an image from the Sanctioned Layout blueprint: https://ibb.co/YW8gq10 . The plot in question is number 43.
However, the builder has gone ahead and constructed an Overhead Water Storage Tank within that area, approximately 15-20 meters high.
The houses in the society are permitted to be constructed up to 2 floors (as they are independent villas/bungalows), and hence no matter what construction I go for, the background of my house will always be that water tank and my view on that side will be completely obstructed, as the tank now sits right between my plot and the Amenities Area. If there was indeed "Open Space" there, I would have the direct view of the Amenities Area from my plot.
Moreover, the tank will affect the aesthetics of the entire portion of this society and all houses surrounding mine too, and also of the amenities area as it sits right next to that as well.
I am fairly confident that construction of anything of this sort on an area designated as "Open Space" is not legal, as the space does not really remain "Open" anymore.
In other diagrammatic representations of the plot (not the official blueprint), the area was supposed to be a "Garden Area", which would be an acceptable use of the "Open Space" that exists in the official Sanctioned Layout. But a water tank is surely not allowed there, right?
I was able to find this article, although this related more specifically to larger City planning: https://realty.economictimes.indiatimes.com/news/regulatory/construction-cant-be-allowed-on-open-space-in-approved-building-layouts-sc/75206498
I would appreciate any advice from an expert on these matter. Also if you can provide any links to specific articles/clauses within the legislations regarding Property Law supporting my stance on this issue, that will be extremely helpful. I intend to request the builders to move the tank, and if I have the law backing me it will be much easier to have this resolved.
Sudhir Kumar, Advocate
(Expert) 04 June 2023
Normally if you buy a plot (not flat) then you are owner of the space above it upto infinity (unless there is contrary provision in the sale deed).
A perusal of the sale deed (duly registers), master plan sanction and local inspection will be necessary to come to a concrete view for advising you.
You may meet a lawyer.