RWA cannot restrain flat owners from consumption of non veg food in privacy of their residence
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.
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.
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.
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.
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.
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
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.
This is totally arbitrary. They cannot reprimand you based on your food habits.
File a case against the RWA in the High Court.
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.
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.
No there is no such provision in Act or any law which prohibits the consumption of non veg. They cant legally do the same
- 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.
1. See the RWA cannot restrict consumption of food and your food choices. They cannot stop you from consumption of Non veg food.
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.
No RWA cannot put ban on any kind of food in the society just on ground that some blocks are sold to vegetarians.
1. It cannot as this is tantamount to violation of right to life.
2. File a writ petition against the RWA.