Hyderabad: A two-judge bench of the Telangana High Court on Tuesday rejected a challenge to Section 21 of Telangana Apartments Promotion of Construction and Ownership Act, 1987, under which the apartment owners association can cut essential services to a flat.
The bench comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar negated the challenge raised by Bollant Industries Pvt. Ltd. The provision prescribes that the manager or board of managers of an association of apartment owners may, after due notice of not less than seven days, cut, withhold or in any manner curtail or reduce, any essential supply or service enjoyed by an apartment owner.
It was the case of the petitioner that it had purchased six flats of which they were in possession and the power supply was cut off to them by Babukhan Millenium Centre Building Owners Association, which had earlier demanded that they pay arrears of maintenance failing which it would take action under Section 21 of the Act.
The petitioner contended that the provision did not provide for a dispute resolution mechanism. It was argued that conferring such drastic powers to a private body and empowering it deprive a citizen of the fundamental right of power and water was unconstitutional.
Speaking for the bench, Chief Justice Aradhe observed that such associations were required to provide essential services to the apartment owners and at the time of purchasing the purchaser agrees to pay the maintenance charges and in the absence of power to recover the amount is toothless.
The bench found that the manager had the power to withhold the supply, and no apartment owner had the right to a stay without making payment of maintenance charges.
The bench while disposing of the writ petition observed that contention of the petitioner that Section 21 of the Act violated the fundamental rights was misconceived. The court granted liberty to the petitioner to avail the remedy available under the law.
