Examine feasibility of effective redressal forum for RWA-apartment owner disputes, Allahabad HC to UP govt

Lucknow, Jul 15 (PTI) The Allahabad High Court on Wednesday asked the Uttar Pradesh government to examine the feasibility of creating an effective grievance redressal forum for disputes between Residents' Welfare Associations (RWAs) and apartment owners in residential societies, observing that the existing legal framework does not provide an adequate remedy. A Lucknow bench of justices Alok Mathur and Amitabh Kumar Rai issued the directives while dismissing a writ petition filed by four residents of Sarvodaya Sulabh Apartments in Gomti Nagar Extension. The bench held that the management of a residential society is the collective responsibility of the RWA. Mere disagreement by some apartment owners with decisions taken through a democratic process cannot be a ground to invoke the high court's writ jurisdiction under Article 226 of the Constitution. Moving the high court, the petitioners had alleged that the RWA had arbitrarily closed six of the 10 entry gates, imposed parking charges, clamped vehicles of residents who failed to pay the charges and recovered Rs 500 per day, besides towing vehicles through a private crane. They also questioned the legality of the RWA's constitution. Opposing the plea, the RWA informed the court that it had been duly registered and constituted after conducting elections. Passing the order, the bench held that once a duly elected RWA comes into existence, it is empowered under its bye-laws to take decisions regarding parking, security and management of common facilities. The court also observed that restricting access through certain gates for security reasons falls within the RWA's administrative powers and does not violate residents' fundamental rights. It further observed that such disputes are essentially internal matters of the association and should ordinarily be resolved within the democratic framework of the RWA. It added that the association must ensure adequate notice to members and provide a fair opportunity to those holding dissenting views before implementing important decisions. Noting the absence of an effective statutory mechanism under the Uttar Pradesh Apartment Act, 2010 for adjudicating such disputes, the high court asked the state government to examine the feasibility of creating an appropriate grievance redressal mechanism for apartment owners and RWAs. PTI COR ABN ZMN ZMN