Allahabad High Court Urges The State Of Uttar Pradesh To Create RWA Dispute Redressal Mechanism

Lucknow, Jul 16 (KNN) The Lucknow Bench of the Allahabad High Court has directed the Uttar Pradesh government to consider establishing a dedicated and effective grievance redressal mechanism to resolve disputes between Resident Welfare Associations (RWAs) and apartment owners in residential societies.

High Court Calls For Dedicated Dispute Resolution Mechanism

The Court also clarified that mere dissatisfaction with an RWA's decision does not entitle a resident to invoke the High Court's writ jurisdiction.

A Division Bench comprising Justice Alok Mathur and Justice Amitabh Kumar Rai made the observations while dismissing a petition filed by four residents of Sarvodaya Sulabh Apartments in Gomti Nagar Extension, Lucknow, challenging decisions taken by their RWA.

Residents Challenge RWA Decisions

The petitioners alleged that the association had closed six of the apartment complex's ten entry gates, imposed parking charges, and levied a penalty of Rs 500 per day by clamping vehicles of residents who failed to pay the prescribed fees. They also questioned the validity of the RWA's constitution.

During the proceedings, the RWA informed the Court that it had been duly registered and that its governing body had been constituted through a valid electoral process.

Court Upholds RWA's Administrative Powers

Accepting the submission, the Bench observed that a democratically elected RWA is empowered to take decisions relating to parking management, security arrangements, and maintenance of common facilities in accordance with applicable rules. 

It held that the decision to close certain entry gates for security purposes falls within the association's authority.

The Court further observed that residents aggrieved by an RWA's decision should first seek redress before the association itself. Unless there is a clear violation of legal or constitutional rights, the High Court would ordinarily not interfere in such matters.

UP Government Asked To Consider New Framework

Noting the absence of an effective institutional mechanism for resolving disputes between RWAs and apartment owners, the Bench directed the Uttar Pradesh government to consider creating a dedicated grievance redressal framework under the Uttar Pradesh Apartment Act, 2010.

(KNN Bureau)