Dombivali Society Locked the Main Gate For 20 Hours Per day

Thane: The Chairman of Natraj Darshan Cooperative Housing Society , Ganesh Nagar Chowk, Dombivali West , Thane has locked the gate to restrict the movement of society members for corona safety measures . Due to such arbitrary action 70 approx. Flats owners members are facing trouble to go out side . As per Chairman the committee has decided to unlock the gate from 8-10AM and 6-8PM only. As there is no watchman in day hours so the peoples have to jump the 5 feet boundary wall to go outside. As per law Society can not lock the gate to restrict the movement of members . The society committee has only power to do maintenance as per society law.  Without quoting the rule of society they locked the gate and till date State government has not passed any GR to lock the gate of society or home.They cannot violate freedom of citizens under article 19. People have right to use emergency services as per their requirement. 

The member has registered complaint to Vishnu Nagar Police Station to register FIR Under IPC 339, 343 etc against Chairman and committee members. 

Citations

Kindly read the Hon'ble Supreme court orders on fundamental rights

PARLIAMENT COULD NOT RESTRICT FUNDAMENTAL RIGHTS

 In Golaknath vs. State of Punjab [(1967) 2 SCR 762 

fundamental rights cannot be waived of. To substantiate his plea, reliance is placed on following catena of decisions:

1. R. Jambukeswaran and Ors. v. Union of India and Ors., 2004(2) ATJ FB CAT 1;

2. Mani Kant Gupta and Ors. v. State of Uttar Pradesh, 2004(1) ATJ 349, and

3. Union of Indian and Ors. v. Wing Commander T. Parthasarathy, 2001(1) SCC 158.

 In Basheshar Nath v. C.I.T., it was held by the Supreme Court that the fundamental right cannot be waived.

 In Olga Tellis v. Bombay Municipal Corporation, it was held by the Supreme Court that although an undertaking was given by the appellants before the High Court on behalf of the hut and pavement dwellers that they did not claim any fundamental right to put huts on pavements or public roads and that they will not obstruct the demolition of the huts after a certain date, they could not be estopped from contending before the Supreme Court that the huts constructed by them on the pavements cannot be demolished because of their right to livelihood under Article 21 of the Constitution. From this decision also it follows that a fundamental right cannot be waived, and there can be no estoppel.

As per Bombay High Court order

MAJORITY CANNOT PASS ARBITRARY AND UNREASONABLE RESOLUTIONS IN GENERAL BODY - HC

IN THE HIGH COURT OF BOMBAY
WRIT PETITION NO.1948 OF 1997
30-7-2002
(R.J. KOCHAR, J.)
Venus Co-op. Housing Society and Anr. Vs. Dr. J.Y. Detwani & Ors.

 "The supremacy of the general body cannot be disputed but even the supreme general body has to be reasonable and has to pass rational resolution considering all the facts and circumstances of the matter. The general body cannot pass arbitrary and unreasonable resolutions merely because it is supreme and it has a large majority in favor of one of the issues on the agenda."