BENGALURU: Emphasising that playing games is a fundamental right of children, the high court directed an apartment owners’ association to reconsider its decision imposing restrictions on children playing in the designated play area.Justice Hanchate Sanjeevkumar issued the direction while observing that Esteem Gardenia Apartment Owners Association’s written statement did not clearly specify which games were permitted and which were prohibited in the play area.“Playing games is a fundamental right of children and prohibiting them from doing so affects their overall health and well-being. Therefore, the defendant association is directed to reconsider its earlier decision and, in consultation with majority of residents, decide which games may be allowed and which may be restricted in the play area.However, restricting one or two games should not deprive children of the opportunity to play in the designated area. The association shall identify the games permitted in the play area after taking its members into confidence and take an appropriate decision within three months from today,” the judge observed in the order passed on June 16.Regarding the restriction on children playing in the playground, the association had told the trial court that the decision to stop football in the play area was taken following complaints from residents and that only games considered suitable for the space were permitted. However, before the high court, the association remained unrepresented.Remove flowerpots placed in common areas: JudgeOn the main issue raised by the appellants, the judge directed the apartment owners’ association to remove flower pots placed on stairways and other common areas.The appellants, Sangeeta Agrawal and her husband Hemant Agrawal, who own apartments in different blocks of Esteem Gardenia Apartments at Sahakar Nagar, had filed a suit against the association in 2015. After the suit was dismissed in 2021, they approached high court.On their main contention regarding the removal of pots, the appellants argued that Sangeeta had fallen on the staircase due to the slippery floor caused by placement and watering of pots. She produced medical records to show that she had undergone surgery for injuries sustained in the incident.Judge noted that the appellants proved that due to percolation of water on account of watering of pots and owing to such slipperiness on the floor caused by watering the pots, Sangeeta fell and suffered injuries.
