Playing Games Is A Fundamental Right Of Children: Karnataka High Court Directs Apartment Association To Remove Flower Pots From Common Stairways & Flat Corridors
The Court held that keeping pots on common stairways obstructs residents' right to free movement and directed the apartment association to reconsider its decision restricting children's outdoor games through a General Body resolution.
The Karnataka High Court has held that an apartment owners' association cannot keep flower pots or other objects on common stairways and corridors if they obstruct residents' free movement or create safety hazards. The Court further observed that children cannot be deprived of playing games in the apartment playground, as it is their fundamental right, directing the association to reconsider its restrictions and specify, through a majority decision, which games may be permitted.
The Bench allowed a Regular First Appeal filed by flat owners, setting aside the trial court's judgment that had dismissed their suit seeking mandatory injunction and damages against the apartment association.
A Bench of Justice Hanchate Sanjeevkumar observed, “There is no averment in the written statement of the defendant as to which games are allowed to be played by the children and which are not. Therefore, the averment made in the written statement is vague in nature and without giving any clarification. On the guise, the defendant is not supposed to prohibit the children from playing games in the play area. Playing games by children is a fundamental right of children and prohibiting the children from playing takes away their overall health…”.
“…Hence, it is hereby directed that the defendant/association reconsider its decision, which was taken earlier in this regard and with the consent of the majority of the residents of the apartment, shall take a decision as to which games are to be allowed and which are not allowed in the play area. However, by stopping one or two games, the children should not be deprived of playing games in the play area. The defendant shall specify the games to be played in the play area after taking confidence of the members of the association”, the Bench further noted.
Advocate B S Jeevan Kumar appeared for the appellants.
The dispute arose after the plaintiffs, residents of Esteem Gardenia Apartments in Bengaluru, alleged that the association had placed flower pots on common stairways despite the apartment bye-laws prohibiting obstructions in common areas.
According to the plaintiffs, the pots were regularly watered, making the staircase slippery. In August 2012, one of the plaintiffs slipped on the wet staircase, suffered serious fractures, and underwent multiple surgeries. They also challenged the association's decision prohibiting children from playing football and certain other games in the apartment playground.
In its written statement, the association admitted that the pots had been placed pursuant to a majority decision of the residents and further acknowledged that they were removed after the suit was instituted.
Taking note of this admission, the High Court observed that the stairways were undisputedly common areas meant for the use of all residents.
The Court found that the plaintiffs had substantiated their claim by producing medical records establishing that the injuries were sustained after slipping on the staircase. It observed that watering the pots inevitably made the common staircase wet and slippery, creating a safety risk for all residents.
Accordingly, the Court held that the plaintiffs had established that the association's actions obstructed their right to free movement and that the trial court had failed to appreciate these practical aspects while dismissing the suit.
Allowing the appeal, the High Court set aside the trial court's decree and directed the association to remove all pots from stairways and other common areas, restrained it from placing any future obstructions in common passages, and ordered reconsideration of its playground policy within three months.
Case: Sangeetha Agrawal & Anr. v. Esteem Gardenia Apartment Owners Association (Neutral Citation: 2026:KHC:30529)
Appearances:
Appellants: B S Jeevan Kumar., Advocate.
Respondent: Unrepresented.