Court allows woman access to terrace for tank maintenance

Uninterrupted water supply is a basic amenity for living, a court here has said while allowing a woman's plea to restrain her co-residents from blocking her access to the terrace where her water tank is placed.
The court passed the order in favour of plaintiff Pushpa Gupta, who filed an application seeking access to the terrace, on which her overhead water tank is placed, in the house in Lajpat Nagar II where the co-residents constructed rooms and shifted the terrace one floor up without making a staircase.
It said though ownership of terrace vests in the defendant, a lady living on the third floor, still other occupants, including Gupta have right to visit the terrace for maintenance of TV antenna and overhead water tank at reasonable times.

"Balance of convenience lies in favour of the plaintiff. She shall suffer irreparable loss if access to terrace is not allowed to her in case of exigency as it is not disputed that overhead water tank of plaintiff is on the terrace of the room above the third floor.
"Uninterrupted supply of water can be said to be one of the very basic amenity required for comfortable human living and for a dignified life and breach of which cannot be compensated in terms of money," Additional District Judge Sonu Agnihotri said.
The court restrained defendant Anamika Sabharwal, her servants, relatives, or any officials from obstructing Gupta's right to terrace till pendency of the main suit seeking permanent injunction against the defendant for raising illegal construction and jeopardising the right of free access to terrace.

The court further said that in case locking of door of terrace is required by defendants during night hours/odd hours for safety reasons, they are directed to provide duplicate keys of the lock to plaintiff who will use the same in case of exigency only.

It also asked the defendants to provide duplicate keys immediately to the woman if the lock of the door of the terrace is changed.
Gupta had said that door of terrace was kept locked by Sabharwal and her family due which there was no access to the terrace for maintenance of satellite antenna and overhead water tank and if she tried to take the keys of the terrace, they hurled abuses at her.

In her suit, the woman alleged that when she went to Bihar, her native place for 3-4 months in 2014, Sabharwal and her family raised the construction blocking access to the terrace.
She alleged that she approached police and MCD officials against the defendants but to no avail.
The defendant had denied the allegations, saying she and her family owns the fourth floor and denied that they deprived the plaintiff of her rights in her property.