• Children disallowed from playing on lawn

We live in an apartment (Bangalore) with close to 160 houses. There is a sizable lawn area, which some residents in the ground floor choose to call 'garden' and therefore prevent children from playing cricket and football, specifically. This, they claim, is in the interest of healthy growth of "grass.." Safety and noise concerns are also cited. There has been a long drawn tussle between these families, most of them on the ground floor around the lawn area, and parents of children who are keenly interested in playing football/cricket on the lawn. Lately there has been strict enforcement of this rule, whereby children are shooed way by the security personnel. Those opposed to children playing football are quoting a decision taken during a previous general body meeting that had banned active sports on the lawn. They however allow other games and movement on the lawn.
 A lot of like-minded parents are opposed to this. We believe that it's very important for kids to explore and play any sport that they can play within the available resources.

Now, my question is: does this (ban on football/cricket) have any legal standing? Are all residents legally bound to follow this rule. Is there something we can do, within the legal boundaries, that will give our kids a chance to use the lawn area for the activity of their choice? We do not want to set the wrong example to our kids by encouraging them to break rules.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

Dear Querist

My opinion on your queries are as under:

1. does this (ban on football/cricket) have any legal standing?

Opinion: No. This is completely arbitrary and liable to be dismissed or abolished.

2. Are all residents legally bound to follow this rule.

Opinion: No, who were not agreed on the decision have legal right to opposed the same and can file a civil suit for mandatory/ permanent injunction on the decision passes by body.

Is there something we can do, within the legal boundaries, that will give our kids a chance to use the lawn area for the activity of their choice?

Opinion: Right to play of choice is a fundamental right too which was provided by the constitution of India and nobody can restrain or violate the same without due process of Law.

File a civil suit for injunction before civil court against the arbitrary decision of society.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) society cannot refuse to permit children to play football/cricket on the lawn

2) resolution passed by AGM has no legal standing

3) file complaint against society before consumer forum

4)seek orders that children be permitted to play football/cricket on the grounds

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

merely because builder had said area was reserved for garden area does not mean children cannnot play sports

2) children have right to play and no restrictions can be imposed by the residents

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1)association or society can fix timing within which children can play cricket / football

2) they cannot impose blanket ban

3) contact local lawyer issue legal noptice to association

4) if it refuses then file complaint before consumer forum

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

Now, my question is: does this (ban on football/cricket) have any legal standing? Are all residents legally bound to follow this rule. Is there something we can do, within the legal boundaries, that will give our kids a chance to use the lawn area for the activity of their choice? We do not want to set the wrong example to our kids by encouraging them to break rules.

All these problems are to be taken up in a general or special meeting and necessary resolution may be passed by majority voting agaisnt the decision by the association

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Would appreciate specific points on which to counter the earlier GBM decision.

The reasons which aggrieves you may be agitated in the next meeting of the association and also better take support of some like minded people to gather support to you.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Most of those who oppose children playing on the lawn cite that they had been promised by the builder that the area was earmarked as garden space and not 'play area.' But this is not consistent, as the builder had promised various things to buyers at the time of selling the flats.

The builder has nothing to do with the common areas especially if a society registered and he hands over the premises to the society.

The society only has to decide by a calling a meeting of all the members and pass a resolution to the effect as majority suggest.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Majority of the parents and residents can call for a special general body after giving due and proper notice. Take up this issue as one Agenda to be discussed. Secure the documents that clearly state that this area was demarcated by the builder as Play area" and not garden area as is being opposed to by certain residents. Put it to discussion, the majority consensus that emerges in this meeting shall be binding on all residents.

If nothing emerges, take up the issue with the Deputy registrar of co-op societies Bangalore, who will give his considered order on this issue, after looking into all the documents regarding the case.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

There is no question of constitutional rights here.

The question is general courtesy and humanity.

It does not means that the children can do any nuisance and damage any property in the name of spots or play that the other owners will tolerate and bear the damage.

It should be reasonable and if the bye laws do not allow the lawns for using it as play ground for the children, it cannot be claimed as rights.

Any legal action may not fetch desire results or fruits to your efforts.

This may be taken in the annual or a special meeting of the association.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

You can challenge the decision passed in AGM before court as restrictions imposed by society are unreasonable

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

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