Sathish K (EC Member) 27 November 2013
Hardeep (Business) 27 November 2013
IMHO :
1) What was the "Original purpose " of this vacant plot of Land when the Society was formed ? If you are deviating from that the Resident is within rights to protest, notwithstanding that the majority of Residents now want that plot put to some other use.
2) However, his protest can only be in a legal manner. If people are being injured/ scared due any of his actions, in an area that is " public " an action may lie in tort on grounds of " risk to public" or "public nuisance" .
Better is to sit down with him, find out exactly what his issues are and try to resolve them if possible.
Here is an interesting summary to some possibilities.....although of a " foreign land " pretty much similar would be the case in India
Sathish K (EC Member) 27 November 2013
Dear Hardeep
Thanks for your clarification and prompt reply. Ours is a gated community with 10 blocks and the area earmarked for the shuttle court is in between two blocks which entirely is classified as common area as per our sale deed and is managed by the association. The court has been marked in such a that none of the residents or his property will be damaged or does cause disturbance to any resident.
Area of concern is : Can some one moderate the levels of sound kids make while playing? Isn't it constitutionally against the freedom of kids or an individual ?? and isn't it wrong to intentionally cause or create an avenue for risk ? Will you able to help as in through which law of our constitution is this wrong ? or do we have a law at all to protect our self here ?
Pooja Hegde R. (Advocate) 27 November 2013
Hardeep (Business) 01 December 2013
Just my views
a) in case the area is shown as a " common area " its use in a fashion that excludes some other people from using it does raise a bar.For eg. it can be used as a park but not, say, as a Badminton Court which some people cannot use since they don't want to / are not capable of ( due old age, for example ) in that sport. Unless there are clauses in the Sales Deed that the Association can decide the use to which such areas can be put.
b) The redressal of / to the Constitution is for Fundamental rights generally and after an extensive process . Presently , your case falls no way close to that . However, as already said by others also forums exist to prevent people from causing injury/ risk / nuisance even if they are aggrieved by the opposite Party. If the other person is acting illegally still that doesn't give me the right to do the same. My recourse is due legal procedure, not acting illegally in turn. What that means is that in case of risk/ injury etc. you can warn / report etc. and the two situations are independent. In case he is aggrieved his recourse lies firstly in serving notice to the Association and then filing a Civil case, I'd imagine.
c) Re Sound Pollution, laws exist for the same also and in case the levels are in contravention of that a case can be built up. See :
https://www.dpcc.delhigovt.nic.in/act_noise.htm
for some details regarding that. It does specify the noise levels for " residential areas " and in case they are being exceeded, a case could lie against the offenders.
d) As already said, best would be to see if rapproachment is possible since , very broadly, per what you have indicated the Association seems to be on a weak footing.