Source : The Economic Times Date : 20.06.2009

HC Okays Metrowater’s Decision To Sever Connection To Whole Complex

TIMES NEWS NETWORK

Chennai: Can Metrowater disconnect water supply and sewerage connections to the whole of a residential apartment if only one of the residents fails to pay water and sewerage tax and charges? The Madras high court says yes.

Justice N Paul Vasanthakumar on Thursday dismissed a writ petition filed by the owners’ association of Cosmo Towers, a residential apartment in T Nagar, seeking to forbear the Metrowater from disconnecting the water supply and sewerage connection to their apartment due to nonpayment of arrears of water and sewerage tax and charges payable by two flat owners. Stating that it was having 30 members, the association said the two owners were not admitted as members as they were using the flats for commercial purpose in contravention to the by-laws of the association. However, the two owners refuted the claim.

The association itself had disconnected the water supply to the flats of the two owners, they said and added that one of them, in fact, paid the dues to the Board. In its counter, Metrowater said it can disconnect the water supply and sewerage connection to the whole apartment even if any one of the flat owners had failed to pay the dues. The association could pay the arrears and recover the same from the flat owner and it was open to the association to act in accordance with law if it could not recover the amount, the Metrowater argued and said the high court already upheld the power of the authorities to disconnect the connection in an order delivered in July 2005.

The judge held, “The petition of association is not maintainable as the prayer sought for was contrary to statutory provisions. The Chennai Metropolitan Water Supply and Sewerage Act states that if the owner fails to pay the due to the Board within the due date, the water supply can be cut off. Metrowater is vested with the statutory right to cut off water supply.’’ On the disconnection of the water supply by the association to the two flats, the judge said, “The association is not entitled to disconnect the water supply given to the two owners’ flats.’’

COURTING TROUBLE

Two apartment owners default on water & sewerage tax Metrowater serves notice, threatens to cut water and sewage connection to the entire complex Apartment association contests the move, says the defaulting 2 were not admitted as members for using flats for commercial purpose Metrowater argues that association could’ve paid the arrears and recovered the same from the defaulting flat owners Court says Metrowater is vested with the statutory right to cut off water supply to the complex.