Does conveyance of land required for bore-well ? Can we dig the bore-well without NOC from builder?

Q: Our co-op housing society registered in Mumbai on Feb 2010 with 184 flats; most of the flats owners got possesion before 2008; occupation certificate issued by BMC in 2009. Buildings land conveyence between developer and society is still not done. Our society and 12 more buldings located inside the same estate boundary with single entry main gate. Entire estate land of 200 acr is owned by Developer (leased from third party owner for 99 yrs). We dont have BMC water supply. now for borewell water when we called the Borewell service peaople with their equipement vehicle. they were stopped at the Estates main gate by security of devoloper.Does developer (builder) had the legal right to stop us from doing so? Does conveyance of land required for bore-well ?

Rajesh Shetty,

15th February 2012

Legal in Mumbai

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If you have legal permission from the BMC, then you can send a letter to the builder regarding digging bore-well. But if you do not have any permission from the authority then you cannot dig the bore-well and moreover the builder will have the legal right to stop you from digging the bore-well. At the same time you people should talk with the builder for the water supply.