Terraces in housing societies are part of common areas, meant for all flat owners. This also means developers have no right to use this space for any commercial use, a local court in Chennai has ruled.
While making this observation, an additional city civil judge in Chennai directed the promoter of Poonamallee High Road at Kilpauk to remove a transmission tower of a cellphone company erected on the terrace. The developer, Kences Construction, is also directed to pay back the Rs 11 lakh he earned as rent from the mobile company to the residents’ welfare association.
See also: Mobile towers installation on your property: The pros and cons
“On the terrace of Block 3, the developer permitted the installation of a transmission tower by a private cell phone company on a monthly rent, thereby putting the health and safety of the residents and the apartments at risk,” Brindavan Apartment Owners Welfare Association said in its plea.
“At the time of takeover, the association noticed that the promoter had failed to comply with several statutory requirements stipulated for the safety and to provide the necessary fire safety requirements contemplated and stipulated under the National Building Code of India and Development Control Rules,” the association added.
Courts from time to time have clarified that common areas in housing societies are meant for all the residents.
“Ground floor residents cannot deny access of common areas on the ground level to those on the upper floor. Similarly, those on the upper floor can’t deny access to those residing on lower floors,” a local court has ruled in 2016.
An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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