- This topic has 18 replies, 8 voices, and was last updated 1 year, 4 months ago by
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UHi guys here again seeking advice. I live in a corner House (two side open). One side faces main road and other side faces street.
Rwa wants to install access gate in the street. Which will block me from accessing street side of my home when the gate is closed.
Gate size will be 10′ x 12′, so effectively when the gate is open I will loose 10′ of space on street side, plus it restricts my movement on the street side. it will get really difficult to clean and move stuff.
Now RWA is adamant the gate will be installed in a week without my and opposite corner plot owners permission. RWA took votes and passed this because there are 15 other families who said yes to gated street which serves no purpose for me.
What are my legal options here because gate serves no purpose for both corner properties (house entry is on main road and not on side.) and restricts movement for both persons.
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Uhttps://postimg.cc/nX8Y54pD
Hi, added a link.
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SUnfortunately, its not your “land” that you have right on, if RWA decides that gate needs to be there, your only option to challenge that would be to go through court.
Or you can ask RWA to meet in middle, tell them that you are in favour of getting the gate, but push for alternative designs like a sliding gate (so that any vehicles parked don’t have to be removed to open/close that gate), or a channel style gate, so that it collapses like a accordion and doesn’t take a lot of space.
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UAlready told them I have nothing against blocking the street. But it has to be movable and should not prohibit my movement. I let them know its my choice which entry to the house I want to use and rwa cannot force me to use another entry or tell me the time I can do it. It didn’t end well.
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UPropose Boom barrier, gate may have been approved. But type may vary,
for the legal part :
Blocking a public road is illegal in India, almost all roads even within gated communities are public roads.
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UThey want to put a gate only, no boom barrier or movable barrier. They are not even open to suggestions and are ready to fight. .That is why I want to know legal remedy.
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SIf they are not ready to budge even a slight bit, then you can approach court, chances are that it the road falls under “public road” it is illegal construction and court may even fine them.
Got to your local Municipal corporation to ask for details related to that road.
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SI agree that there is a high chance that it is public road, but you can not be 100% sure unless you verify from your municipality.
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SNot unless the whole community was carved out of private land, then if a gated society gets built, it’s not public road.
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U[https://citizenmatters.in/2398-advocate-general-haranahalli-gated-communities/](https://citizenmatters.in/2398-advocate-general-haranahalli-gated-communities/)
[https://www.business-standard.com/india-news/no-concept-of-gated-community-roads-not-exclusive-to-residents-k-taka-hc-123113000472_1.html](https://www.business-standard.com/india-news/no-concept-of-gated-community-roads-not-exclusive-to-residents-k-taka-hc-123113000472_1.html)
[https://bangaloremirror.indiatimes.com/bangalore/others/think-before-jumping-a-signal-high-end-cams-will-hunt-you-down/articleshow/55078702.cms](https://bangaloremirror.indiatimes.com/bangalore/others/think-before-jumping-a-signal-high-end-cams-will-hunt-you-down/articleshow/55078702.cms)
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UIt actually depends on what kind of RWA it is, most RWAs are voluntary bodies and have no statutory or legal authority with a few exceptions. You should look into your actual municipality and whether they have the power to do certain actions.
I’m a law student but faced similar issues and within a few meetings certain residents reached a consensus. In the end they put boom barriers
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