A Residents Welfare Association in a gated community cannot deny unhindered access to a property owner or their visitors, particularly when the internal roads have been relinquished to the local municipal authority.

WRIT PETITION NO.35585 OF 2024 (LB-BMP)

Digitally signed by GEETHA P G

Location: HIGH COURT OF KARNATAKA BENGALURU - 560002

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 AND 2 TO DEMOLISH THE GATE AT THE ENTRANCE OF THE LAYOUT KNOWN AS 'GREEN FIELDS 2 LAYOUT' BEARING SITE NO.53 & 54, KATHA NO.695/A, IN SY NO.61, SITUATED AT DODDAKALLASANDRA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE MEASURING EAST TO WEST 40 FT AND NORTH TO SOUTH 50 FT., ETC.

THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

1. The petitioner is the owner of a property in a gated community. Respondent No.3 is a Welfare Association which takes care of the common amenities provided in the said gated community. There is difference of opinion between the petitioner and respondent No.3 and the grievance of the petitioner is that respondent no.3 has installed a gate at the entrance of the gated community and has put a security guard thereby, preventing free access to the property of the petitioner. On the ground that the roads and other properties are relinquished in favour of the first and second respondents - BBMP, permission to put up a gate should not be granted to respondent No.3, the present writ petition is filed with the following prayers:-

"a. Issue a writ in the nature of mandamus or such other writ directing the Respondent No.1 and 2 to demolish thegate at the entrance of the layout known as 'Green Fields 2 Layout' bearing Site No.53 & 54, Katha No.695/A, in Sy.No.61, situated at Doddakallasandra Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore measuring east to west 40 ft and north to south 50 ft. and bounded as follows:-

On the East : 25 ft Road,

West : Plot No.70 and 71,

North : Plot No.52,

South : Plot No.55.

b. Pass such other Writ, Order or direction as this Hon'ble court deems fit in the circumstances of the case, to meet the ends of justice."

2. Learned counsel appearing for respondent no.3 submits that, admittedly, the petitioner is a resident of a gated community and that the roads within the gated community, though relinquished in favour of the BBMP, do not connect to any roads outside the compound of the gated community and therefore, no other individual can utilise the said roads and for safety purposes, a gate has been installed and security has been appointed.

3. Learned counsel appearing for respondent Nos.1 and 2 submits that they reserve the right to initiate appropriate action against the gate put up by respondent No.3. However, presently, they have no objection for the gate to continue, provided that access is not denied to the public.

4. Learned counsel for the petitioner submits that her only grievance is that petitioner and any person visiting him should not be denied access to the road.

5. Learned counsel appearing for respondent no.3 submits that he has no objection to the same and undertakes that the petitioner and persons claiming through the petitioner or his visitors shall be provided unhindered access to the road concerned.

6. For the aforementioned reasons, without going into the jurisprudential aspect of whether respondent No.3 is entitled to put up a gate or not, the writ petition is disposed of with a direction to respondent no.3 to provide unhindered free access to the petit