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Gyan Saxena   30 April 2025

Water withdrawing from water tank

I have 2nd floor in ground + 4 flat building, and my plastic water tank has been put on cemented water tank deliberately (used by 3rd & top floor, both brothers) not on the roof, water from my water tank has been withdrawn time to time and I get no water at several times, after complaining to top flat, get reply that it has been done by connected house owner.
I have no roof right in sale deed, Is there any law/THE INDIAN EASEMENTS ACT, 1882 which give me right to put my water tank on ground of roof so water could not be withdrawn easily to cemented tank. If yes, please share your contact if having citation. 
Regards.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     30 April 2025

If you know who steals water from your water tankl, you talk to him or issue a legal notioce, failing to listen or refrain from doing so, you can take legal action against him by lodging a complaint with the police or local civic body or file a suit for injunction against him.

R.K Nanda (Advocate)     30 April 2025

File complaint in Municipal authority of your zone against suspected water thief. 

Gyan Saxena   30 April 2025

@ T. Kalaiselvan, Advocate @ R.K Nanda, 

Sir, first of all thanks for giving your precious time, to my post,  I can't say anything wrong to the owners having roof right even after knowing water has been taken by them not by neighbours, before starting legal course through Civic body, police or court, first I want to ensure whether I have a right to have a water tank on roof or not when no roof right has been given through sale deed. Seller (lady) had full ownership of building later sold lower 3 floors and 4th & 5th floors are holding by her next generation with roof right. Rgds

T. Kalaiselvan, Advocate (Advocate)     30 April 2025

In a apartment complex like this, even though the land owner has terrace rights she cannot refuse to install overhead water tank on the terrace because it comes under basic amenities.

As a matter of fact the terrace is supposed to be a common area insofar as installation of overhead water tank to the other floor owners.

 


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