LUCKNOW: The Allahabad High Court’s Lucknow bench has noted that current laws fail to provide a proper mechanism for resolving disputes between apartment owners and Residents’ Welfare Associations (RWAs). The court directed the Uttar Pradesh government to explore the feasibility of establishing a dedicated grievance redressal forum.
The directive came when Justice Alok Mathur and Justice Amitabh Kumar Rai dismissed a petition from four residents of Sarvodaya Sulabh Apartments in Gomti Nagar Extension.
The court affirmed that managing a residential society is a collective duty of the RWA, and that discord among a few apartment owners regarding decisions made democratically is insufficient grounds to invoke the high court’s writ jurisdiction under Article 226 of the Constitution.
The petitioners claimed that the RWA had unlawfully closed six of the society’s ten entry gates, imposed parking fees, clamped vehicles of residents who didn’t pay, charged defaulters Rs 500 per day, and towed vehicles with a private crane. They also contested the legality of the RWA’s constitution.
In defense, the RWA informed the court that it was properly registered and constituted through a valid electoral process.
The bench stated that once a duly elected RWA is formed, it has the authority under its bylaws to make decisions regarding parking management, security, and maintenance of communal facilities. The court further noted that restricting access for security purposes is within the RWA’s administrative powers and does not violate residents’ fundamental rights.
Such disputes are internal matters of the association and should ideally be resolved within the RWA’s democratic system. Nonetheless, the court emphasized that associations should issue adequate notifications to members and provide fair chances for dissenters before making significant decisions.
The bench pointed out a lack in the statutory framework under the Uttar Pradesh Apartment Act, 2010, observing that apartment owners presently do not have an effective forum for dispute resolution with RWAs. Consequently, it urged the state government to consider establishing a suitable grievance redressal mechanism.
The court’s comments are expected to significantly impact numerous apartment owners and RWAs across Uttar Pradesh, especially in light of frequent disputes over parking, maintenance charges, security issues, and management decisions, which often lack specialized resolution channels.
