The matter arose from a petition filed by two residents of Esteem Gardenia Apartment located in Sahakara Nagar, Bengaluru. The petitioners challenged two separate actions taken by the apartment owners’ association. First, the association had issued a resolution prohibiting children from using the playground for games. Second, the association had placed flower pots in the stairways and corridors of the building. The petitioners alleged that the flower pots, when watered, caused water to spill onto the floor, making it slippery and leading to a fall that resulted in a fatal injury.
The petitioners initially approached the trial court, which accepted that the flower pots were situated in a common area but dismissed the suit on the ground that no illegality in the placement of the pots had been proved. The trial court also did not interfere with the association’s restriction on children’s use of the playground. Aggrieved by the trial court’s order, the petitioners appealed to the Karnataka High Court.
Observations on the Right to Play
Justice Hanchate Sanjeevkumar, delivering the judgment, observed that playing games by children constitutes a fundamental right. The court emphasized that prohibiting children from playing deprives them of overall health and wellbeing. The judgment noted that the association’s written statement merely asserted that the playground was suitable only for a few games without specifying which games were permitted. The court described this averment as vague and insufficient to justify a blanket prohibition.
The court held that the association could not arbitrarily restrict children’s access to the play area. It directed the association to convene a general body meeting within three months to determine, in consultation with residents, which games may be allowed in the playground. The order aimed to replace an arbitrary ban with a transparent, participatory decision‑making process.
Findings on Obstruction of Stairways
Turning to the issue of flower pots in stairways, the High Court held that stairways are common areas meant for the free movement of all residents. The court observed that the trial court had failed to consider the practical consequences of keeping pots in these areas. It noted that watering the pots caused water to overflow onto the floor, rendering it slippery and obstructing the passage of residents.
The court stated that the plaintiffs had proved that keeping the pots and watering them resulted in a wet and slippery surface, which interfered with the right to free movement—a basic right enjoyed by every resident. Consequently, the High Court set aside the trial court’s decision on this point and ordered the association to remove all flower pots from stairways and corridors used by residents. It further directed that no material be kept in any common area that is in use by the members of the apartment.
Implications of the Judgment
The decision reinforces the principle that residents’ welfare associations cannot impose restrictions that infringe upon fundamental rights without clear, reasonable justification. By linking the right to play to the broader right to life under Article 21 of the Constitution, the judgment expands the scope of protections available to children in residential settings.
Regarding common areas, the ruling clarifies that any placement of objects that hinders free movement constitutes an unlawful obstruction. Associations must ensure that corridors, stairways and lobbies remain unobstructed and safe for all occupants. The mandate to hold a general body meeting within a specified period introduces a procedural safeguard, requiring associations to consult residents before framing rules that affect the use of shared facilities.
The judgment also highlights the duty of associations to manage common areas responsibly. The court’s insistence on removing potential hazards reflects a proactive approach to preventing accidents and ensuring the safety of residents.
Advocate BS Jeevan Kumar represented the petitioners throughout the proceedings. The judgment, delivered on 16 June 2026, is expected to be cited in future disputes concerning children’s recreational rights and the management of common spaces in cooperative housing societies.