LawRato

Can a rwa claim parks restrict public from using it?


02-Jul-2023 (In Civil Law)
I recently went to my neighbouring colony's park and was told I couldn't sit there as people are not allowed to sit and people from other colony's are not allowed as it maintained by a particular residential welfare association. Can a rwa claim parks and restrict public from using it?
Answers (3)

Answer #1
619 votes
If it is Government park (or Govt aided park) there is no restriction. For some parks, you have to pay slight price. Park is meant for public purpose, hence nobody restrict.

Resident Welfare Association cannot restrict other area people, but it has powers to maintain timings and other things such as eating in the park, taking liquor and food items, sleeping, conducting large meetings etc.

Answer #2
977 votes
Hello,

The services provided by the local bodies such as roads,park,street lights etc are for every citizen and though the RWA can make efforts to improve quality of these services, they cannot decide to stop non members of RWA from availing these services. In case RWA members try to threaten to stop paid services or services provided by local Bodies will be considered as infringement of fundamental rights and legal action/FIR can be filed against the members interfering.
Answer #3
625 votes
Hi
A park is a public place and no person can restrain any public from accessing it.
Even if the park is maintained by a resident welfare association, the resident welfare association cannot claim ownership or exclusivity over the park.
So if such situation continues, you can complain to the police about the restraint as the restraint is unlawful.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."