There is WEST BENGAL APPARTMENT OWNERSHIP ACT 1972.
The act has been amended quite a number of times. According to the growing need and socio-economic structure there was a change in the usage of purely residential complexes/buildings. Many of the metropolitan buidings originally meant for residential use has been used partly as residential and partly as commercial.
Existence of an association in a buiding/complex is governed by the specified act. Well understood.
But, what about those self owned premises that are partitioned and apportioned and used for residential as well as commercial purposes, gradually years after years, but have no association?
Question 1 --- Which act governs this type of Buildings/Apartments?
Another issue of modern days
Everyone has got the right to avail the essentials like air, water, etc. We have found that laws are devised in such a manner that no one get deprived of the essentails like those above in a buiding/ complex. Since water have the inherent property of flowing downward for gravity, hence an overhead water tank is accepted by law to be placed on roof of a building having multi apartments, and that the water is distributed amongst the apartments. Law follows the social need with scientific reasons. Like wise, years after APARTMENT OWNERSHIP ACT, when we all pay taxes for nations development and in turn when nation throws sattelite to earth's orbit. The satellite becomes a resource and we countrymen are owners and have the right to derive the benefit of the resource - The satellite. For example, nowadays, we often watch televion throught a DTH dish installed at the roof. The system is nothing but a simple V-Sat dish that catches signal directly from the sattelite and send that to our TV set via settop box. The need and right of the society to watch television is accepted and we can see many apartments are having DTH satellite dishes on roof. Practices are getting accepted.
The reasons, why roof of most buidings are left common is quite understood. Like water and air, the sky is also a resource in today's life (because satellite in the sky).
Therefore, isn't it logical to think that every one of a building has the right to install V-Sat on the roof to derive the benefit of the resouce (Satellie) that he/she has partly paid, of course, if the structure/status of the building permits?
I would continue detailing on this issue if I find someone who may enlightened me somehow on this.
Thanks
