Appeal No.23 of 2024 and M.A.No.56 of 2024

What the case concerned

Appeal No.23 of 2024 arose from a dispute involving Villa No.1 in Block 64 of Phase I of Bollineni Hillside Residential Township. Meena Narayanasamy and K. Narayanasamy had purchased the villa from M/s. BSCPL Infrastructure Limited.

The dispute concerned an underground common water pipeline passing through the villa and the failure to provide water and sewerage connections. The allottees complained to the Tamil Nadu Real Estate Regulatory Authority after possession was delayed and the basic amenities were not provided.

Positions of the parties

The parties placed the following positions before the authorities:

• The promoter stated that it was ready to hand over the villa but could not remove the common pipeline because it passed through several villas.
• The promoter claimed that Bollineni Hillside Residential Township Owners Association had objected to water and sewerage connections being given to the villa.
• The association argued that the buyers had purchased without due diligence and that removal of the pipeline should not inconvenience or burden the other 1,295 residents.
• The association also argued that it was an unnecessary party to the complaint.
• The villa owners later gave up their request to remove the underground common pipeline.

Decision of the Tribunal

The Tamil Nadu Real Estate Appellate Tribunal found that Bollineni Hillside Residential Township Owners Association was the only association responsible for the welfare of allottees in Phase I, including the two villa owners.

The Tribunal held that the Tamil Nadu Real Estate Regulatory Authority had correctly directed:

• M/s. BSCPL Infrastructure Limited to hand over the villa with all basic amenities.
• Bollineni Hillside Residential Township Owners Association not to hinder the provision of water and sewerage connections to the villa.

The Tribunal stated that water and sewerage connections are basic amenities to be provided to all villas by the concerned promoter. It found no reason to interfere with the Tamil Nadu Real Estate Regulatory Authority's order dated 4 January 2024.

Practical effect

Appeal No.23 of 2024 was dismissed, and the stay application in M.A.No.56 of 2024 was closed. The direction preventing the association from obstructing water and sewerage connections therefore remained in place. No relief was granted for removal of the underground pipeline because the villa owners had withdrawn that request.