Serve him with a legal notice and than file a specific performance suit against him
I am a (pagdi) tenant of a building in Fort, Mumbai where I have a office. The Landlord is refusing to giving NOC for basic water connection. I am a senior citizen and need water which is a basic need. Please guide for proper solution.
Ask landlord to apply for water connection in his name
you cannot be deprived of water as it is basic necessity
No, Nobody can deny personal to get basic needs for day to day living as per the fundamental rights. YOu can directly visit BMC office and apply for the New connection or repair for existing connection, Kindly take the help of local Corporator (Nagarsevak) of your area.
In the absence of Landlord NOC , what are the other ways to get water connection from BMC. The BMC has provided the water connection upto the entrance of the building. Now it is only to be connected to our office for which NOC or permission is required.
Issue legal notice to landlord to provide you water connection
if he refuses obtain court orders to direct landlord to provide water connection
Kindly contact BMC officer who handle the water connection supply or Tax collector authority. You can tell them if BMC is collecting the tax then they have to provide the services to society. If still you're problem is not solved make a case filed in the BMC court. Under BMC office you may find Municipality court where only BMC cases are held. if nobody is supporting you in this case.
If you want to bypass the landlord then you can directly file a writ petition against BMC seeking direction from the Hon'ble High Court to direct BMC to install water connection on payment of applicable charges. Water is a basic necessity and it's a fundamental right to have a connection. This is a quicker remedy. Just send a written representation or legal notice beforehand to BMC so that you may have some documentation of your effort showing to the court that you did your best but BMC did not provide connection.
1. IF you are a registered bonafide Tenant by virtue of any Tenancy Agreement, THEN there is no need for Landlord's NOC for water connection. Tenancy rights include all basic amenities which include Water, right of passage and other common facilities provided to other unit holders.
2. However IF the landlord is deliberately creating hurdles, THEN the next best option is to file a Civil Court suit, by making the landlord and the BMC as parties and seeking directions to provide Water connection upto your unit /office /flat.
You Please approach the Maintenance Tribunal under section 5 of the maintenance of the Senior citizens and parents Act 2007 for REDRESSAL of your Grievances against injustice being caused to you by your landlord.
Water,Electricity, food,house ,clothing and life saving Drugs are essential parts of human beings which cannot be denied by any means and anyone.
Maintenance Tribunal is somewhere near to Fort area and you may search on Google maps.
Maintenance Tribunal are managed by Police officer at the rank of ACP and DCP being presiding officer of the Maintenance Tribunal.
You do not need a lawyer for this service.
You may approach directly to the Tribunal for addressing your grievances against injustice being caused to you by your land lord.
Have you inquired with the landlord for giving reason for his refusal to give the NOC?
Is it that in order to extend the connection from the entrance to your premises, the pipeline has to pass through the frontage of the building which may spoil its elevation?
is the water you get presently from the building insufficient for your needs?
Firstly send him legal notice and then file a suit for mandatory injunction directing him to provide NOC and take ad interim injunction also.
- As per Delhi High Court , A tenant could not be denied a separate water/power connection on the ground that his landlord has shot down his request to give his nod in writing , electricity & water being an essential services, the same cannot be denied to the person who is in occupation but in dispute with the owner/landlord,
- Hence, a landlord cannot refuse to provide the tenant the basic supplies like water and electricity services.
- You can apply directly to the BMC , for providing the water connection as per your requirement , if refused then file a case before the court for getting order in your support.
Water/electricity are essential needs and cannot be refuse by municipality unless connection is illegal. LL not cooperating ? Not providing NOC ?
Approch High court for direction to BMC.
You need to approach court for direction if landlord is not giving noc and bmc is not providing you connection on that note. Writ will be maintainable
1. You may lodge police complaint against landlord for harassment to senior citizen and for bribe for issuing NOC.
2. You may lodge complaint with Senior Citizen Tribunal for harassment and mental agony, physical health against landlord.
A complaint against the landlord should be filed in the consumer forum and the police and the SDM immediately. Right to water is a basic and fundamental right.
You can approach rent control court with an injunction suit against the landlord seeking direction to him to provide basic amenities.
You first issue a legal notice to the landlord about this and demand NOC for getting water supply to your premises.
If he's not complying with the demands made then you can resort to legal action against him as suggested.
1. Issue a legal notice to the landlord to give NOC immediately for water connection.
2. If the landlord still does not give NOC then you may file a writ petition in the HC against BMC seeking connection without NOC.