GURGAON: A dispute over alleged discrimination against Economically Weaker Section (EWS) residents at a Gurgaon housing society has escalated after the district administration ordered the RWA to remove restrictions on their access to parks and internal pathways.The Residents’ Welfare Association (RWA) of Mahindra Aura in Sector 110A, however, has denied discriminating against EWS residents, saying the restrictions were based on separate conveyance deeds and maintenance arrangements.The association plans to challenge the administration’s order in Chandigarh.The dispute involves 141 EWS flats and 799 apartments in the main complex, with the two sections having different maintenance charges and, according to the RWA, separate rights under their respective property documents.
‘They should be allowed to walk in the park’
The issue came to the administration after 70-year-old EWS resident Kashmir Singh complained that he was being stopped from using the society’s central park and other common areas.Singh said the restrictions had affected both him and his wife, Meena Rani, 62, and alleged that they were effectively confined to their home.In a written complaint dated August 31, Singh said they had been unable to move freely within the society for three days.“We have been locked inside our room for three days… should we just die locked inside our room?” he wrote in plea.The dispute intensified after he was allegedly removed from an area near one of the towers, with main-tower residents describing the incident as alleged unauthorised entry.Singh maintained that he was not seeking special privileges and said he was willing to pay additional maintenance charges if that was required for access to the facilities.
Administration calls restrictions ‘systemic discrimination’
The District Registrar of Firms and Societies, Gurgaon, acted on the complaint and on September 15 directed the RWA to remove the restrictions.The registrar said private conveyance agreements could not impose a blanket prohibition on basic movement through internal roads and pathways.The order directed the RWA to ensure unhindered movement of EWS residents and allow them access to open parks for recreation, fresh air and health.It also said restricting elderly residents and those with medical conditions from common pathways and open parks amounted to harassment and systemic discrimination.The administration warned that continued obstruction could lead to legal action under the Haryana Registration and Regulation of Societies Act.
RWA: ‘This is about maintenance, not discrimination’
The RWA has rejected the discrimination allegation and said the issue is linked to the cost of maintaining facilities and the terms of the EWS residents’ conveyance documents.RWA president SS Gill said the society has significant expenses, including more than 80 security and cleaning personnel and the operation of facilities such as the swimming pool.The RWA has also claimed that the EWS block has accumulated nearly Rs 7 lakh in outstanding maintenance dues.Former RWA general secretary and advocate Rajesh Arora said the EWS sale deeds specify that residents do not have rights over certain internal roads and parks of the main complex.
Different flats, different maintenance
Mahindra Aura has 799 condominium units in its main complex, where homes reportedly sell for upwards of Rs 2.5 crore. Owners pay around Rs 11,000 a month in common area maintenance charges, according to the RWA.The separate EWS block has 141 flats of around 225 sq ft. Residents pay Rs 705 a month in maintenance charges.The RWA says this difference is central to the dispute, while Singh has maintained that he is willing to pay maintenance and only wants basic access to common spaces.
How the restrictions began
Around two years ago, the RWA put up a seven-point notice in the EWS tower citing clauses 18 and 20 of the conveyance deeds.The notice said EWS occupants did not have rights over certain common areas and facilities meant for the main complex. It also stated that EWS owners did not have RWA membership rights, power backup provided by the RWA or entitlement to car parking.The notice further warned that the RWA could restrict access to the central park and sports facilities if EWS residents used them.The administration’s latest order has now directed the association to remove those restrictions.
Earlier action over EWS block
The park-access dispute comes after separate regulatory action involving the EWS block.In June, the District Town Planner (Enforcement) issued a show-cause notice to the RWA over the alleged locking of gates along an emergency fire tender route near the EWS tower.The notice also raised the issue of alleged encroachment on parking spaces reserved for EWS residents.
