Gurgaon: The dispute over access to common parks and internal roads at Mahindra Aura in Sector 110A has taken a fresh turn. The district registrar of firms and societies has directed the residents’ welfare association (RWA) to deal with the issue strictly according to the registered conveyance deeds and the association’s approved bye-laws.The order, issued on Thursday on the RWA’s representation seeking a review of the registrar’s Sept 15 order, does not repeat the earlier directions. The Sept 15 order had told the association not to restrict EWS residents, including senior citizens Kashmir Singh and Meena Rani, from using internal roads, pathways and parks. The latest order says that any rights, usage, restrictions or other matters relating to common parks and green spaces will be governed by the registered conveyance deed and approved bye-laws.Singh and Rani, who live in the EWS block, approached the district registrar on Aug 31. They alleged that the RWA and some of its members were harassing them and restricting their movement within the complex, preventing them from walking on internal roads and using common parks despite living in the same group housing complex.In its reply on Sept 7, the RWA relied on clauses 18 and 20 of the conveyance deed. It argued that EWS allottees did not have ownership or usage rights over certain exclusive land, facilities and amenities of the main residential complex.The registrar took a different view on the immediate issue of movement and access. In the Sept 15 order, it said the deed provisions cited by the RWA could not be used to impose a blanket restriction on basic movement, ingress and egress or pedestrian movement on internal roads and pathways. It noted that the EWS block and the main complex shared a common gate, security infrastructure, boundary and utility networks. The order also referred to the complainants’ status as senior citizens and their need for access to open spaces.The registrar directed the RWA, its office-bearers, security personnel and members not to restrict Singh, Rani or other EWS residents from using internal roads and pathways for walking and routine movement, and the RWA was asked to ensure they were not subjected to intimidation, misbehaviour or discriminatory policing. The order warned that non-compliance could invite action under the Haryana Registration and Regulation of Societies Act, 2012.Subsequently, in its Sept 29 representation, the RWA argued that the rights of EWS allottees and main apartment owners were governed by their respective conveyance deeds and allotment documents. It said main-apartment residents were members of the association, while EWS flat owners were not eligible for membership under its approved bye-laws.The association claimed that the conveyance deeds and allotment letters of EWS flats specifically excluded the central park and certain other common facilities of the main complex from EWS allottees’ property rights. The deeds of other apartment owners, it said, provide proportionate rights in the common areas and facilities.The RWA also told the registrar that it had not stopped EWS residents from entering or leaving the complex, and that they had unhindered access through the main gate. It said it maintained a small park and the roads around the EWS block from maintenance collections, and had installed benches in that park for EWS residents. It added that a GMDA park outside the main gate, also maintained by the association, was available for walking and recreation.RWA president S S Gill said the association approached the authorities because it believed the earlier directions did not account for the distinction between the property rights of apartment owners and EWS allottees.“There was no issue of discrimination from the RWA’s side. The matter arose after a representation was made to the district administration claiming that EWS residents had been confined to their homes and stopped from moving around the complex. That is not the case. Residents are free to move around the areas meant for them and there has never been a restriction on their ingress or egress,” Gill said.He said the RWA’s position was that the matter should be decided according to the legal documents governing the property.“The conveyance deeds and approved bye-laws define the respective rights of different residents. If a facility is covered by the property rights of one set of owners, those rights cannot simply be extended to others. We approached the authorities only to ensure that the matter is decided according to the law and the applicable documents,” he said.Gill said the association would comply with the latest direction. “We have no intention of doing anything unlawful. If the govt passes an order, it has to be followed. Our stand has always been that the conveyance deeds, bye-laws and applicable law should govern the matter,” he said.Singh said the latest direction was disappointing. “We are senior citizens and are only asking for the basic right to walk and live with dignity. Domestic help and other workers are allowed to use the park, but we are stopped. Even when we try to walk along the periphery roads of the society, we are stopped. We are also shouted at and misbehaved with. At this age, can we not sit in the park, are we damaging anything. The RWA is meant to work for the welfare of residents, but EWS residents are being treated differently and we should remain confine to our houses. We are not asking for any special privilege or access to clubs and other exclusive facilities. We are only asking for the right to live with dignity and use common spaces like any other resident,” he said.Singh said they would take the matter forward. “We will challenge the order before the appropriate forum and take up the matter with the authorities. Our demand is simple — EWS residents should be treated fairly and allowed to use common areas without discrimination,” he said.
