Court Directs Association to Remove Obstructions in Common Areas and Reconsider Restrictions on Children's Playground Activities
In a significant judgment, the Karnataka High Court has ruled in favor of Mrs. Sangeetha Agrawal and another, appellants against the M/s. Esteem Gardenia Apartment Owners Association, addressing crucial issues of civil rights and children's fundamental rights in residential apartment complexes. The judgment, delivered by Justice Hanchate Sanjeevkumar, mandates the association to remove obstructions placed in common areas and to reconsider restrictions imposed on children's activities in the playground.
The appeal was filed challenging the decision of the X Additional City Civil & Sessions Judge, Bengaluru, which had earlier dismissed a suit seeking mandatory injunction and damages against the association. The plaintiffs argued that pots placed in stairways and corridors by the association were causing inconvenience and risk to residents' free movement. Additionally, they contended that restrictions on children's play in the apartment's playground violated their fundamental rights to mental and physical development.
Justice Sanjeevkumar, in his oral judgment dated June 16, 2026, emphasized the importance of unobstructed common areas for residents and upheld the plaintiffs' claims. The court ordered the removal of pots from stairways and corridors, affirming that such placements infringe upon residents' civil rights. Further, the court directed the association to review its prohibition on children's games in the playground, underscoring the necessity of preserving children's right to play.
The judgment also criticized the vague policy of the association regarding permissible playground activities, instructing them to specify allowed games after consulting with majority residents. The court highlighted that playing games is a fundamental right for children, essential for their overall health and development.
The decision marks a significant step in safeguarding residents' rights in apartment complexes, emphasizing the need for associations to act responsibly and considerately towards all members. The court's directives aim to ensure safe and accessible living environments while promoting children's well-being through recreational activities.
Bottom line:-
Association in residential apartments cannot obstruct free movement in common areas by placing items like pots in stairways and corridors; such obstructions infringe upon residents' civil rights. Additionally, prohibition on children playing games in apartment playground must be reviewed to ensure their fundamental right to play is preserved.
Statutory Provision(s): Civil Rights, Fundamental Rights
