disconnection of water supply

satyen gadhvi (Querist) 18 February 2010 This query is : Resolved
a person has rented a house in a society. The society disconnected the water supply of the house inspite paying maintenance charges under the plea that the houses in the society cannot be rented. However there is no such prohibition in bye-laws of society. What is the remedy in law as water being essential supply for day to day living. please help.

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Guest (Expert) 18 February 2010
they have no power to disconnect the water supply. you can complain to concerning department or police.So for as the law is concerned the association or the society can not disconnect the water supply.

B K Raghavendra Rao (Expert) 18 February 2010
Immediately approach the civil court bring an order of injunction restraining them from stopping water supply to the house. In the meantime, ensure that the bye-laws of the society do not have the restraint clause of prohibition of renting the house.

Raj Kumar Makkad (Expert) 18 February 2010
Such disconnection not only violates your civil rights but it is also a criminal offense on the part of such persons involved in suh heinous crime. Take action both ways against them.

Parveen Kr. Aggarwal (Expert) 18 February 2010
In addition to the above, you may also initiate proceedings under the Rent Control Act if the same is applicable to your premises as almost all the Rent Control Acts (which are beneficial legislations for protecting hapless tenants from the clutches of unscrupulous tenants) ensure that the enjoyment of necessary amenities by the tenants is not obstructed in any manner.

Guest (Expert) 18 February 2010
In my opinion, right to life is a fundamental legal right guaranteed under our Constitution. Hence a writ of mandamus would lie against the society. Since High Court is vested with special powers u/Art.226 even to direct "a person" (here read society) to ensure right to life which includes food, clothes and shelter to the aggrieved petitioner. You may add Government of your State as an additional party to invite their attention.

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