Gurugram society's two sets of rules for residents expose class divide

A dispute over access to common facilities at a Gurugram housing society has exposed a sharp divide between residents of the main towers and those living in Economically Weaker Section (EWS) flats.

The district administration has now ordered the removal of restrictions on EWS residents' access to the society's central park, internal pathways and other common facilities.

The dispute involves 141 EWS flat holders and 799 owners in the main towers at Mahindra Aura in Sector 110A, Gurugram.

The District Registrar (Firms and Societies), Gurugram, directed the Residents' Welfare Association (RWA) to remove the restrictions with immediate effect.

The matter reached the district administration after 70-year-old EWS resident Kashmir Singh complained about restrictions on his access to the society's central park and other common facilities.

Singh said the restrictions had forced him and his ailing wife to stay inside their room for three days.

The dispute grew last month when Singh was removed from an area near one of the towers and accused of "unauthorised entry".

The issue has since turned into a larger dispute over the rights of EWS residents in society.

The RWA had put up a board around two years ago restricting EWS residents from using the central park and sports facilities.

According to the EWS residents, they were also denied RWA membership, power backup and car parking rights.

The EWS residents said they were not asking for special privileges. They said they wanted basic access and the freedom to move around the society. They also said they were willing to pay additional maintenance charges.WHY ARE THE RESIDENTS DIVIDED

Residents of the main towers have argued that their conveyance deeds do not give EWS residents access to certain common areas and facilities.

They have also pointed to the difference in maintenance payments. Residents of the main towers pay around Rs 11,000 a month, while the EWS block is charged around Rs 705 a month, according to the RWA.THE RWA HAS DENIED ALLEGATIONS OF CLASS DISCRIMINATION

RWA president and former BSF officer SS Gill and former general secretary and advocate Rajesh Arora said they also came from ordinary backgrounds and had worked hard to progress in life. They denied having any ill will towards disadvantaged sections.

Gill said a gated society has large expenses, including more than 80 private security personnel, cleaning staff and swimming pool operations that cost around Rs 3,000 a day.

He alleged that EWS residents wanted access to the same facilities without making similar financial contributions.

Arora also pointed to maintenance dues. He claimed the EWS block had around Rs 7 lakh in outstanding dues, despite being charged a monthly fee of around Rs 705.ADMINISTRATION ORDERS RESTRICTIONS REMOVED

The District Registrar ruled in favour of the EWS residents and directed the RWA to remove the restrictions immediately.

The registrar said private agreements or conveyance deeds could not take away citizens' right to safe movement and basic access.

The administration directed that EWS residents should have unrestricted access to parks and internal pathways. It cited their need for fresh air, health and peaceful walks.

The order described the denial of access to parks and pathways to elderly and sick residents as "harassment and systematic discrimination."

Officials have also warned that restricting the movement of EWS residents despite the order could lead to legal action under the Haryana Registration and Regulation of Societies Act.RWA QUESTIONS ORDER, PLANS APPEAL

Residents of the main towers and RWA office-bearers have questioned the District Registrar's decision and called it one-sided.

Colonel Ved Prakash, 75, and retired senior audit officer Rakesh Chadha, 75, said they had lived peacefully in the society for around eight years and that such demands had never been raised earlier.

They also said their side was not heard before the order was issued.

The RWA has questioned the legal validity of the decision. It argued that the District Registrar is not a court and cannot decide property rights mentioned in conveyance deeds.

According to the RWA, the conveyance deeds clearly state that rights to certain internal roads and parks were not sold to EWS residents.

After the order, the RWA held a meeting and decided to appeal against the decision in Chandigarh. It also decided to collect signatures from residents in support of the appeal.EARLIER ACTION INVOLVING EWS BLOCK

The latest dispute comes after earlier regulatory action involving the EWS block.

In June, the District Town Planner (Enforcement) issued a show-cause notice to the RWA over the closure of a gate on the emergency fire tender route near the EWS tower.

The notice also raised the issue of alleged encroachment on the 5% mandatory parking reserved for EWS residents.

The latest order has now brought the issue of access to common areas back into focus.

At the centre of the dispute is a simple question. Can residents living in different parts of the same housing society have different rights to common facilities?

For now, the district administration has ordered the restrictions on EWS residents to be removed. The RWA, however, plans to challenge the decision.- Ends