Delhi High Court Upholds Property Rights and Orders Restoration of Water Tanks and Fire Safety Equipment on Building's Roof"

In a significant judgment, the Delhi High Court has ruled in favor of property rights and ordered the restoration of essential facilities, including water tanks and fire safety equipment, on the roof of Akarshan Bhawan. The court's decision comes after a dispute over the use of the building's roof and unilateral removal of critical infrastructure.

The court observed, "The installation of the fire equipment and overhead water tanks are essential requirements for the use and enjoyment of the subject building and could not have been unilaterally removed by Respondent No. 4." The removal of these facilities had endangered the safety of the building's occupants.

The case revolved around the rights of the Appellants, who sought a declaration and injunction against the Respondents from making structural changes to the building without statutory permissions. The Appellants claimed easement rights for the maintenance of water tanks and the lift room on the roof.

Respondent No. 4 had purchased the roof rights but acknowledged the Appellants' right to access the roof for maintenance in a compromise deed. Despite this, Respondent No. 4 unilaterally removed the water tanks and fire safety equipment in October 2022.

The court emphasized the importance of these facilities, stating, "The reinstallation of the said equipment is necessary for the renewal of the fire safety certificate," and that "use of toilet facilities in a building is a basic human right."

Furthermore, the court directed that if Respondent No. 4 obtains building sanction for constructing an additional floor, the common facilities must be shifted to the roof of the new floor, but until then, Appellants must have uninterrupted access to the existing roof.

The judgment also mandated that the Appellants address deficiencies in fire safety and obtain the necessary Fire Safety Certificate. They were directed to provide a valid license for the existing lift in the building.

Date of Decision: 1 February 2024

Akarshan Bhawan VS Sushil Kumar Jain And Others