HYDERABAD: In a recent ruling, the Telangana High Court has affirmed the powers bestowed upon apartment associations by the Telangana Apartments (Promotion of Construction and Ownership) Act, 1987. The court, comprising Chief Justice Alok Aradhe and Justice N V Shravan Kumar, emphasised the legislative intent behind the Act, aimed at alleviating strain on urban resources.
The verdict came in response to a petition filed by Srikanth Bolla, managing director of Bollant Industries, challenging the constitutional validity of Section 21 of the Act. This section allows apartment associations to disconnect essential services such as water and power to flat owners. Bolla’s counsel, Aruva Raghuram Mahadev, contended that such actions violated fundamental rights guaranteed by the constitution and urged the court to incorporate principles of natural justice into the law.
However, the bench pointed out that the Act was formulated on the recommendation of the AP Law Commission, following a thorough examination of legal frameworks in neighbouring states like Tamil Nadu and Maharashtra. The petitioner, who had two flats in the Babukhan Millennium Centre apartment complex in Somajiguda, stopped paying maintenance charges to the association amid disputes over parking space and other issues.
The court highlighted that the petitioner opted to challenge the legality of the law instead of seeking recourse through established legal channels. Emphasising the importance of empowering apartment associations to address defaulters, the bench underscored that no flat owner has the right to withhold maintenance charges. Refusing to grant relief to the petitioner, the bench reiterated that reasonable restrictions are attached to fundamental rights.