Lawfully yours: By Retired Justice K Chandru | Water tax has nothing to do with individual connection to houses; it is a tax, not a fee

Water tax has nothing to do with individual connection to houses; it is a tax, not a fee

The State government is implementing various schemes with the Assembly elections slated for next year. Though the government claims that every scheme prioritises the welfare of the people, one major issue is still pushed to the back burner — potable water supply for every household. This was one of the promises by political parties ahead of the previous elections. However, nothing has materialised to date. This is the case of Madhavaram. While residents here also pay water and sewerage tax, sewer connections laid ahead of the previous elections remain incomplete. Water connection also still remains a distant dream. Is there any legal means to ensure the government’s timely intervention on these pressing needs?

— Madhuraj, Madhavaram, Chennai

The Chennai Metropolitan Water Supply and Sewerage Board was formed in 1972, and it took charge of supplying water from the Chennai Corporation. There were times when we faced severe hardship. Apart from the newly integrated areas to the city, there are no major complaints about the water supply. Further, the water tax they collect has nothing to do with the individual water supply to the houses. It is a tax and not a fee. Potable water supply is only a dream.

You are located near Retteri, and you know how water gets polluted by the people in and around. Today we hardly get treated water. Therefore, for consumption, you can boil the water. We worship water as a goddess, but we are the country with the highest level of water pollution.

—-

Builder's control over covered car parking depends on development agreement terms

Is it legal if a builder sells the covered car parking area separately, without notifying it in the original flat sale deed? Also, can a builder sell a covered car parking (CCP) space in a complex of more than 100 flats after the formation of the Residents Welfare Association, without any information/knowledge of the Association?

Also, can the builder sell a CCP in a block to the residents of different blocks without allocating the CCP to the residents of that particular block?

— Srinivasan, Chennai

The vexed question about car parking being appropriated by the builder and the law relating to it has been answered in this column several times. You can go through the earlier answers on the website. The builder's control over the covered car parking space depends on the terms of the development agreement. In the case of no takers, the builder can allot (sell) it to the other block flat owners. The development agreement covers only the building costs and will be subject to the overall layout. While the builder can collect the cost of the covered car parking area from the willing buyers, he cannot deal with the open car parking spaces. After getting the layout, the RWA can deal with the maintenance, including the open car parking area, and collect the maintenance fees.