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rohit patil (T.S A.)     16 April 2011

Partition of common water tank in the society

This case is from Pune, Narhe (still comes under Grampanchayat)

A builder has constructed two four storied buildings, each building has 20 flats, each floor has 4 flats.

"Wing A"(first building)  has three 1BHK and one 2 BHK flats on each floor. "Wing B"(second building) has 2 BHK and 3 BHK flats.

Water supply for both buildings comes from a common tank (80000 Liters) built on the gound floor. Now flat owners from both the buildings are fighting for devidation of the common tank due to less water supply and to have better water supply management for each building. 

 Now B Wing (2 & 3 BHK flats) says they want 60/40% devidation(60% for B wing and 40% for A wing) becuase they have 2 & 3 BHK flats and has got more family members. In A wing 17 flat owners are ready for 60/40% proposal wheras 3 flat owers are not ready. they want 50/50 % devidation. because A wing also has 2 BHK flats (one on each floor = Total 4 Flats).

The society is still no firmed. builder still has got the authorities. Builder says B wing is not ready for 50/50. and if they do not agree builder can not do anything in this.

The question is that as per law how the devidation should be done for each building. 50/50% or 60/40%?

Does the builder can take his own decision without listening flat owners.

Or what flat owners can do legally?

I would highly appriciate each ones opinion?


Thanks in advance.


Rohit Patil





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