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Cannot Hold Durga Puja Without Flat Owners' Permission Rules
directs police to bar from organizing Durga Puja at a residential building's without the consent of the or individual flat owners.
In a significant ruling reinforcing property rights within multi-story residential complexes, Justice Saugata Bhattacharyya of the has directed the Officer-in-Charge of not to permit the to conduct Durga Puja festivities at the of a G+3 building at 133A, Raja Rammohan Sarani, Kolkata. The order came on a filed by five flat owners of the premises who opposed the club's plans for the 2026 Puja.
The Dispute: Flat Owners vs. Club
The petitioners, flat owners of the building, approached the High Court with the grievance that the intended to forcibly organize Durga Puja in the building's . They submitted that the had not granted permission for the event, and a complaint to the local police had yielded no effective action.
The club, represented by its counsel, argued that it had been organizing Durga Puja at the location for many years, and after the construction of the G+3 building, it continued to use the car parking space with the permission of the erstwhile landowner.
The State, represented by Additional Government Pleader , informed the court that no pandal had been erected at the premises as of the hearing date.
Court's Legal Analysis: Precedent on Property Enjoyment
Justice Bhattacharyya observed that the petitioners, as flat owners of the developed property, had a right to express their views regarding the use of the . The court placed strong reliance on the decision in M/S Bibhuti Bhusan Dutt Estates Pvt. Ltd. vs. and Ors. (MAT 542/2025), which held that a citizen cannot be prevented from enjoying or its based on an by another party.
The court noted that while the was represented, it failed to demonstrate any legal right to organize Durga Puja at the in the absence of permission from the or individual flat owners.
Key Observations from the Judgment
"Nothing is demonstrated which would substantiate its case that said club is having right to organize Durga Puja at the of the said premises in absence of permission accorded by / individual flat owner."
"A citizen cannot be prevented from enjoying or its on the that there may be a claim with regard thereto by a person who is even coming forward to make such claim."
The Court's Decision
The court disposed of the with a clear direction:
"Respondent no.4 [Officer-in-Charge, ] is directed not to permit respondent no.5 club to organize Durga Puja at the said premises in absence of permission granted by / individual flat owner."
The ruling underscores the principle that common areas in residential buildings cannot be used for community events like Durga Puja without the explicit consent of the flat owners or their association, even if such events have historical precedence. The decision is likely to have implications for similar disputes across residential societies in West Bengal, reinforcing the primacy of collective consent over .
