• Installation of solar panels on my personal flat terrace in society in Pune

I have a personal terrace associated to my flat. I would like to install solar power panels as a Green initiative under taken by the central government , state government and MEDCL in Maharashtra. Committee Members are not allowing to install the solar power panels in my personal terrace. Need your advice to proceed further.
Asked 4 years ago in Constitutional Law

7 answers received in 1 day.

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7 Answers

You need society consent to install solar panel on your terrace 

 

Has society mentioned reasons why are they are not permitting you to do so kindly clarify 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

You can file complaint against society before cooperative court and seek orders to direct society to grant permission for installation of solar panels in personal terrace 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

The terrace of the apartment complex is common area and cannot be owned by an individual. 

If you have a registered deed showing that it belongs to you then you don't have to pay heed to their objections and proceed. 

They can't do anything about it legally  provided you have documents to prove that this terrace belongs to you exclusively. 

Otherwise you may have to obtain permission from society for installing the desired solar panels. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You cannot file any case against the committee members without ascertaining your title to the terrace by a registered sale deed. 

If you have one then first issue legal notice to them to refrain from obstructing you to install the solar panel after which you can file a suit for mandatory injunction restraining them from interfering in your possession and enjoyment of the property in the manner prescribed by law. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- If the said terrace is not common area of the society and the right mentioned in your title deed, then without getting the consent of the committee solar panel can be installed .

- Further, as the Solar panel installation is preferred by the government to decease the carbon from the atmosphere, then the committee cannot become a hurdle for the same. 

- Hence, you can file a compliant against the society before the Registrar

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

They can't stop you from installing something legal and legitimate in your terrace. You can very well within your rights. 

If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

If the terrace forms part of the flat owned by you, as evidenced by the title deed in your favour, there can be no objection. However, if the terrace falls under the 'common areas', you cannot legally install the solar panels there.

Swaminathan Neelakantan
Advocate, Coimbatore
3069 Answers
20 Consultations

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