• Can a RWA prohibit non veg consumption stating some specific blocks are sold for vegetarians only

The builder has sold some blocks as veg only. Is it legally allowed. Can RWA have clauses prohibiting non veg consumption in such veg blocks.
Asked 3 years ago in Property Law
Religion: Hindu

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21 Answers

RWA cannot restrain flat owners from consumption of non veg food in privacy of their residence 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

No. Any such restriction or bye law contrary to the law of the land would be illegal and void. The society is ment for things like maintainance to help facilitate day to day work and they cannot assume the role of legislature or police.

You may approach the concerned authority under which the society is formed or even the High Court in writ jurisdiction for that matter. 

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

No, it's illegal.

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

1. It's not legally allowed.

2. However, morally the RWA may have such clauses, so that it will not hurt the sentiments of people who were specifically assured that such a thing will not be allowed and based on the assurance, such people would have bought the property.

3. The RWAs, legally, can't have such clauses prohibiting non veg consumption in vegetarian blocks.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

No RWA has any authority to prescribe eating non veg food items by its flat owners. 

India is a secular country and no individual can stop another from eating a food or not in his own place. 

So each flat owners can have his own food and no RWA can devise it's own provision to override the law of the land. 

If they does it can be prosecuted under both civil or criminal laws. 

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

If such By-Laws has been passed in the Society then it is applicable.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

No there is no law,bylaws and regulations prohibiting such act in any Association or Society. 

It may be personal agenda of members of Society or RWA.

You are free to eat as per your choice at Home,Hotel,Restaurants and business center. 

No restrictions under the law.

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

What does your Builder buyers Agreement says on this, is there a specific mention about any clause relating to food habits.  If not, then RWA has no power, you can eat what you feel like

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

1. Selling property only to Vegetarians .OR. restricting Non-Vegetarians to buy ANY property  OR restricting ANYTHING on basis of Diet /Caste /Sex /Religion /etc.... is violation of Article 21 of the Indian Constitution and is a gross prosecutable offence.

2. There are several SC /HC judgments to the above affect.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

This is totally arbitrary. They cannot reprimand you based on your food habits.

 

File a case against the RWA in the High Court. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Dear Sir,

However, the said discrimination seems to be peculiar in present times but there is no harm if the specific plots/flats/blocks are sold to the persons of particular community/belief/faith like Jain, Budhism etc. who believe in total vegetarian food. It is also submitted here that the food choices are individual choice of any person and specific rule can't be framed for it.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You need to check the bykaws of the society for this. If it is mentioned in bylaws that particular blocks are veg only than yes it is legal to sell those portions as pure veg.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

No there is no such provision in Act or any law which prohibits the consumption of non veg. They cant legally do the same

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

- As per law, A society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- No, Flat owner can be stopped from enjoying his life as per his own wish & requirement , and further renting out his flat to anyone including Bachelors

- Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- Hence, the unjustified actions of society to sold some blocks to veg only is against the constitution of India , and fundamental right of a citizen , and also is against the jurisdiction of the society.

- Any member can complaint to the police for registering an FIR against the secretary of RWA/society.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1. See the RWA cannot restrict consumption of food and your food choices. They cannot stop you from consumption of Non veg food. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Absolute illegal. Builder/RWA cannot decide food habit of owners.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

As for the builder selling some blocks to vegetarians only, there is no legal impediment. In the SC judgment in the Zoroastrian Co-op Building Society case, it was held that reserving flats for a particular community of people would not attract the provisions of Sec-10 of the Transfer of Property Act. But, the RWA cannot legally impose any such condition prohibiting consumption of meat.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

There is no such rules, you can file complaint before Registrar of society. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No RWA cannot put ban on any kind of food in the society just on ground that some blocks are sold to vegetarians. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. It cannot as this is tantamount to violation of right to life.

2. File a writ petition against the RWA.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The blocks can be classified as residential and commercial. 

There's no provision in law to allot vegetarian block or NV block. 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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