Flat owners on the top floor of Housing Societies often find their roofs leaking, especially during the rainy season.
The water seeps through the roof, spoils the paint and plaster and some times damages the furniture and electric fittings.
I have come across one case where the leakage and seepage were so terrible that the flat owner literally could not sleep in the flat. He repaired the flat. But then he felt enough was enough. Repairing the terrace was the duty of the Housing Society.
But the Society refused to do anything. The matter is now in the Consumer Forum. The Housing Bye Laws are clear. The terrace has to be maintained by the Society. I fail to understand why any Society should shirk their responsibility.
I am giving the link to a decision of the Bombay High Court.
I have come across several instances, where the builders on one pretext or the other, sell away a part of the recreation grounds. For instance, they build Recreation Grounds on the podium and sell away the Recreation Grounds on the ground floor.
They can not do so. The Supreme Court has held that the right to live includes the right to live in a clean environment.
“The scheme under the Indian Constitution unambiguously enshrines in itself the right of a citizen to life under Article
21 of the Constitution. The right to life is a right to live with dignity, safety and in a clean environment.”
In the following decision, the Supreme Court held that the Recreation Ground on the Podium has to be in addition to the Recreation Grounds on the ground floor.
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.11150 OF 2013 (@ out of SPECIAL LEAVE PETITION (CIVIL) NO. 33402/2012)
Municipal Corporation of Greater Mumbai and Ors. … Appellants
Kohinoor CTNL Infrastructure Company Private Limited and another … Respondents