Hyderabad: In a recent ruling, the Telangana High Court affirmed the authority granted to apartment associations under the Telangana Apartments (Promotion of Construction and Ownership) Act, 1987. The section 21 of the Act permits apartment associations to disconnect essential services such as water and power to flat owners.
The court, led by Chief Justice Alok Aradhe and Justice N V Shravan Kumar, highlighted the legislative intent behind the Act, which aims to ease the burden on urban resources.
The verdict was issued in response to a petition filed by Srikanth Bolla, managing director of Bollant Industries, challenging the constitutional validity of section 21 of the Act.
Bolla’s counsel, Aruva Raghuram Mahadev, argued that such actions infringed upon fundamental rights guaranteed by the constitution and urged the court to incorporate principles of natural justice into the law.
However, the bench noted that the Act was drafted based on the recommendations of the AP Law Commission after a comprehensive review of legal frameworks in neighboring states like Tamil Nadu and Maharashtra.
The petitioner, who owned two flats in the Babukhan Millennium Centre apartment complex in Somajiguda, ceased paying maintenance charges to the association amidst disputes over parking space and other issues.
The court highlighted that instead of seeking resolution through established legal channels, the petitioner chose to challenge the legality of the law itself.
Stressing the importance of empowering apartment associations to address defaulters, the bench emphasized that no flat owner has the right to withhold maintenance charges.
Declining to grant relief to the petitioner, the bench reiterated that reasonable restrictions are inherent in fundamental rights.
