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Debojit Acharjee   07 December 2023

Installation of jiofiber connection without permission

Few days back someone from my society had installed a JIoFiber receiver above our roof without our permission. When I complained about it to the society, the secretary told me that it was installed on the wall of the water tank and according to him it's a common place for the society to use. However, that portion of the tank is above our apartment.

In relation to this case I would like to know the following.

1. I would like to know whether I can claim that the part of the water tank which is above my apartment is a part of my property or not?

2. That Jio subscriber stays on the ground floor and the receiver was installed on the roof of the 3rd floor. Does the roof above the 3rd floor belongs to the owners of the 3rd floor only or it also belongs to the owners of other floors of my apartment building?

3. I already escalated this to JIo company but I haven't got any resolution yet. I want to know if it's not done legally then is Jio going to be responsible for this or the subscriber?



Learning

 3 Replies

Sanskriti Tiwari   07 December 2023

The property rights often extend to the airspace above and the ground below the property. However, the ownership of common areas in housing societies can be complex and is usually governed by the society's bylaws or rules. 

Regarding your queries:

1. Determining whether the portion of the water tank above your apartment is part of your property depends on the society's bylaws and the property's legal documentation. Typically, common structures like water tanks might not be considered individual property. However, if the tank area directly affects your exclusive use or access, you might have a claim to it. Relevant case law or specific society bylaws can help clarify this.

2. The ownership of the roof above each floor in an apartment building is often considered a common area, jointly owned by all the residents or the society as a whole. This space is usually for collective use unless otherwise specified in the property documents or bylaws.

3. If the installation was done without proper authorization, both the subscriber and Jio might be held responsible. The subscriber, as the recipient of the service, may bear responsibility for unauthorized installations. Jio, as the service provider, might also be accountable for installations not complying with legal requirements or permissions.

Consulting legal counsel and referencing the society's bylaws and relevant property laws in India, including case laws such as State of Bombay v. Bhanji Munji, could provide specific guidance in such matters. Additionally, resolving this issue might involve discussions among the society, the subscriber, and Jio to reach an amicable solution.

T. Kalaiselvan, Advocate (Advocate)     08 December 2023

1. That water tank may supply water to you, but that is not your exclusive property, it is a common property beloging to the society.

2. The terrace is a common area, the owner of the floor below cannot claim exclusive right on it

3.It is not installed on your property hence your complaint may not be entertained by society

Debojit Acharjee   08 December 2023

1. But the water tank is not on a common terrace. The coomon stairs of the building are not connected to the roof and there is no way people can go up to the roof. There is a small opening above the porch of the 3rd floor that can be used to go up to the water tank but that's possible only with the help of a ladder. So in that case, how can a resident from the ground floor could use the water tank for any personal use because that's not a common terrace?

2. If tsome part of the watertant is above the front room of my flat then can;t that part (top area on the water tank) could belong to me?

3. How much compensation can I ask to the Jio company for this case?

 


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