• Landlord not giving NOC for basic water connection to tenant

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.
Asked 3 years ago in Property Law
Religion: Christian

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23 Answers

Serve him with a legal notice and than file a specific performance suit against him 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Ask landlord to apply for water connection in his name 

 

you cannot be deprived of water as it is basic necessity 

 

 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

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.

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Issue legal notice to landlord to provide you water connection 

 

if he refuses obtain court orders to direct landlord to provide water connection 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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.

 

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

Serve them with a legal 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

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?

 

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

Firstly send him legal notice and then file a suit for mandatory injunction directing him to provide NOC and take ad interim injunction also.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

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.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Why is he not giving you noc when you are his tenant?? File a complaint against him.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can approach rent control court with an injunction suit against the landlord seeking direction to him to provide basic amenities. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Issue a legal notice through an advocate and file a civil suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

it is landlord duty to provide you NOC. 

if landlord refusing you may approach district court 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You don't need NOC from owner for getting basic water connection you can use your lease deed or padgi papers to prove your possession for taking water connection.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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