RWAs/AOAs Cannot Restrict Movements of Residents

Office bearers of the Apartment Owners Association, Nilgiri 3, have placed barriers on the movement of two senior citizens who have lived in the colony for over 20 years. The reason touted is that they are not paying the maintenance fee. The fact of the matter is that the two have not joined the AOA and have made their own arrangements for the disposal of garbage and do not accept the services of the guard. In fact the AOA itself has placed restrictions on the guards.
By all counts this is illegal. It is a common fact that RWAs/AOAs do not have the right to place restrictions on the movement of flat owners. Various Court decisions across the country have made it clear that restricting flat owning residents is illegal. Justice R.S.Sodhi of the Delhi High Court in one of his judgments said “ colony gates cannot be closed during the day. If shut at night RWAs should put guards so that there is no inconvenience to the people. Streets belong to the people and the use thereof is an inalienable right of every citizen.”
The Delhi High Court decision and the guidelines has said that “It is mandatory that gates shall remain open during the day time. It is stated that during night after 11.00 pm till 5.00 am, gates may be closed but entry and exit facility should be made available to residents and entry/exit be manned by the watch and ward to be appointed by RWAs. It has to be ensured that the erection of the gates will not in any way lead to dispute among residents of the colony or cause unreasonable restrictions on the right of way/thoroughfare passing through the colony for access to other areas.”
Several years ago a local Court issued an order on a dispute for the same gate. The order mandated that the RWA cannot restrict the movement of the residents. The order was passed on the petition of one of the two presently being harassed. The order is very specific and any act against it is illegal. Yet the local police chowki head refuses to acknowledge it. more