Disconnection of water supply is never an option to ponder over.

If the present borewell has gone dry then go for another borewell after necessary compliance and fees paid.

Police has got nothing to do in this issue. 

File recovery proceedings against defaulters 

since you have not taken recovery proceedings defaulters are not paying 

water is essential service and cannot be disconnected 

Legally, the RWA has no powers to discontinue or disconnect water supply. For that matter, even a local body such as the panchayat or the municipality or the corporation cannot do so. The RWA needs to file only a civil suit against the defaulting members for recovery of the arrears. There is no legal alternative.

Yes it can

The defaulters cannot not only refuse to pay but also claim the water tanker water for which the RWA is required to pay upfront 

The defaulters cannot take undue advantage of their own wrong 

If the defaulters want they can order their own water tanker 

Society is not cutting any essential service. It is only catering to those who regularly pay. 

Society is not obligated to serve those members who don't pay 

But withholding water will surely lead to disputes which the society has to tide over 

Society has to say that it is not denying the water,  it is infact ready to provide that water provided its paid for 

If any particular member does not want to pay then nothing stops him from ordering his own water tanker 

The problem is you are raising one maintenance bill inclusive of water charges for tanker water 

tanker water is the only source of water which is pumped into building tanks which is then distributed among flat owners 

if you disconnect water supply then members will take the plea that it is essential service 

- As per rule, the society can collect the maintenance charges for the society’s premises and many common services, like society’s office, roads, passages, security arrangements, water supply, supply lines, sewer lines, lifts, staircases, telecom lines, etc., which are for the common use of all members of the society.

- Further, each member is liable to pay the monthly maintenance charges to the society , and if any flat owner is not paying the maintenance charges, it is open to the association to demand the same from the defaulting member in accordance with law. 

- However, as per Supreme Court, No society is entitled to disconnect or suspend common amenities including water supply, and only can issue a legal notice to the defaulter and if he/she does not pay the same, then approach the court for recovering the dues of maintenance. 

- Since, there is no connection of water supply , then the society is not bound to arrange water specially by way of tanker in the absence of payment of dues. 

- The society should issue a notice to the defaulter for getting the dues . 

Basically,  the water supply has not been disconnected to the defaulters neither the water is supplied to other members who are promptly paying their monthly maintenance charges .

As the bore-well has dried up and there is no pipeline water supply  the association is making an alternate arrangement by supplying water through water tankers  to its members.

The only fault on the part of the association is that it has included he expenses for supplying water through water tanker has been included in the monthly maintenance bills because of which the defaulting members are taking more advantage.

The association should stop collecting the the additional charges towrds supply of water through tankers along with the monthly maintenance bill.

It should collect the charges from its members directly each and every time whenever this expenses occurs, in that case they can very well inform the defaulting members to pay the charges and avail the water supply facilities. 

They cannot object or agitate to this arrangement because it is a common rule applicable to all the members equally.

You may note that the recovery of defaulted maintenance amount can be done by issuing a legal demand notice and filing as suit for recovery through civil court 

The default in payment of monthly maintenance amount is not a criminal offence

The MC members can decide accordingly.

The police has nothing to do with this civil matter hence police cannot interfere in this.

The water purchased through private arrangement cannot fall under the essential amenities category.

The association should take steps for water connection through government agencies as per law by complying with the necessary formalities.

They cannot continue this arrangement forever.

Water requirement is an essential amenity to all hence the association as registered body and representing its members is responsible to cater to the needs of such essential elements to its inhabitants.

Besides the water is filled into the sump and pumped out to all the inhabitants hence they may claim it to be an essential item and they may even file a suit for injunction if this facility is suddenly stopped to them. 

The solution for this now is before the members who have to discuss about this vital issue either through extra meeting of the association or by a meeting of the MC members. 

No it’s an essential service and same cannot be disconnected without court order 

Dear client, As water is an essential service one cannot restrict the supply of water to any one if they are not paying the maintenance charges. To recover the default charges you have a file a suit for recovery in civil court.

Whatever the source of water supply, it does not matter materially. The RWA has no powers legally to discontinue or disconnect water supply to the households of defaulting members.