The Karnataka High Court has reaffirmed that every child enjoys a fundamental right to play and that apartment owners’ associations cannot impose arbitrary restrictions preventing children from using designated play areas. The Court held that denying children access to playgrounds adversely affects their physical, emotional and overall development.
The judgment was delivered by Justice Hanchate Sanjeevkumar while deciding an appeal filed by residents of Esteem Gardenia Apartment, Sahakara Nagar, Bengaluru. The Court set aside the residents’ association’s decision that prohibited children from playing football and other games in the apartment playground.
The Court observed that the association had failed to justify the restriction. While claiming that the playground was intended only for certain games, the association did not specify which games were actually permitted. The Court found this stand vague and incapable of sustaining such a prohibition.
According to the Court, children cannot be deprived of their opportunity to play merely on the basis of an unclear or unsupported decision of a residents’ association. It observed that playing games contributes to children’s overall health and well being and forms an integral part of their rights.
Recognising the need to balance the interests of all residents, the High Court directed the apartment owners’ association to convene a General Body Meeting within three months. During the meeting, the members shall decide and clearly specify the games that may be played in the apartment playground instead of imposing a blanket restriction.
Dispute Also Involved Safety Hazards in Common Areas
Apart from the playground dispute, the appeal also concerned the placement of flower pots on stairways and common corridors within the apartment complex.
The appellants informed the Court that one of the residents had suffered serious injuries after slipping on a wet staircase. According to the case, water overflowing from flower pots regularly made the stairway slippery. Although the association had initially removed the flower pots following complaints, they were allegedly placed back after a short period.
The residents approached the trial court seeking directions against the association to remove the flower pots from common areas and to restrain it from preventing children from using the playground.
During the pendency of the suit, the association removed the flower pots. However, the trial court dismissed the suit after holding that no illegality in placing the flower pots had been established.
High Court Finds Trial Court Ignored Practical Safety Concerns
Allowing the appeal, the Karnataka High Court found that the trial court had failed to appreciate the practical consequences of maintaining flower pots in common passage areas.
The Court observed that stairways and corridors constitute common areas meant for uninterrupted use by all residents. Any obstruction or condition making such spaces unsafe directly interferes with the residents’ right to free movement.
The High Court accepted the evidence that watering the plants caused water to accumulate on the staircase, making the surface slippery and hazardous. Such management of common areas, the Court held, cannot be permitted when it compromises the safety of residents.
Consequently, the Court directed the apartment owners’ association to remove all flower pots from staircases and corridors. It further ordered that no material or object should be kept in common areas if it obstructs or affects their use by apartment owners and occupants.
Case Details
- Case Title: Sangeetha Agarwal and Another v Esteem Gardenia Apartment Owners Association
- Court: Karnataka High Court
- Bench: Justice Hanchate Sanjeevkumar
- Date of Judgment: 16 June 2026
- Decision Reported On: 14 July 2026
- Counsel for the Appellants: Advocate BS Jeevan Kumar
Parties
- Appellants: Sangeetha Agarwal and Another
- Respondent: Esteem Gardenia Apartment Owners Association
Follow Mahamana News For More Recent Judgments
