QUESTION
Rules & regulations regarding the responsibility of developer to supply potable water for apartment dwellers and carry out rain water harvesting in Kolkata, West Bengal

I am staying at an Apartment Complex,  in Baishnabghata, Patuli, Kolkata-700094 in South 24 Pgs, since March 2007. The apartment complex, having 300+ apartments, was constructed and marketed by West Bengal government organisation. The organization has provided a single source of water, from a deep borewell, for all the residents. From day one the water quality is poor. The water creates white scales on utensils, equipments, bathroom fittings and glass surfaces and smells poorly. Some of the individual flat owners have installed RO units, but because of the prohibitive cost, many have not installed the unit. The water also has high iron content and creates rusts even on stainless steel bathroom fittings or tubs of washing machines. Even the clothes become reddish after sometime.

1. Is it mandatory under Indian Law/West Bengal law for the property developer/builder to provide potable water for the people buying apartments within the complex? If so, can you please let me know the section of the legislation (state or center laws) which makes this mandatory? What legal steps can the association of the complex, take against a government organization to force them to provide potable water? Will consumer courts handle these kind of cases?

2. Is provision for Rain water harvesting, by a builder/promoter, a mandatory requirement while sanctioning apartment complexes in the state of west bengal, specifically in Kolkata?

Subhrajit Das
subhrajit.das@tcs.com

by
9 September 2008