Court bars local club from organizing Durga Puja in common area without flat owners' consent
In a significant ruling, the Calcutta High Court has upheld the rights of flat owners in a G+3 residential building situated at 133A, Raja Rammohan Sarani, Kolkata, to object to the unauthorized organization of Durga Puja in the common areas of their premises. The judgment, delivered by Justice Saugata Bhattacharyya, directed the local police not to permit the Sarad Sangha club to hold the festival in the car parking space without explicit consent from the Flat Owners Association or individual flat owners.
The case was brought forward by five flat owners who filed a writ petition challenging the club's intention to conduct Durga Puja in 2026, citing the absence of permission from the Flat Owners Association. The petitioners expressed concerns that the club might forcibly proceed with the festival despite the lack of authorization.
The club, represented by its legal team, contended that they have been organizing Durga Puja at the premises for a long period with the initial permission of the erstwhile landowner. However, the court found that the club failed to demonstrate any legal right to continue such activities in the absence of current consent from the flat owners or their association.
The court's decision emphasized the fundamental right of citizens to enjoy their immovable property without unwarranted claims or interference from others. This was corroborated by a previous Division Bench decision in the case of M/S Bibhuti Bhusan Dutt Estates Pvt. Ltd. vs. State of West Bengal, which stated that no one can be prevented from enjoying property over unsubstantiated claims by another party.
The ruling has been welcomed by the flat owners who see it as a reaffirmation of their property rights and a warning against unauthorized use of common areas by external entities. The court ordered the local police, represented by respondent no.4, to ensure compliance with the judgment and prevent the club from organizing the festival without proper authorization.
This judgment not only highlights the legal framework protecting property rights but also underscores the importance of consent and cooperation in community living situations.
Bottom Line :
Flat owners of a residential building have a right to object to organizing Durga Puja in the common area of the premises, and in absence of permission from the Flat Owners Association or individual flat owners, police cannot permit a club to hold such puja there.
Statutory provision(s): Constitution of India, 1950 Article 226
Sri Kallol Kanti Saha v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2989267
