Barriers at colony gates !

Rajinder Kumar Arora (Querist) 26 January 2015 This query is : Resolved
Can an 'unregistered' RWA in Delhi DDA colony install barriers at the entry gates to restrict vehicles' entry only to those bearing stickers issued by them? How far is it justified in view of provisions under IPC Sec. 34, 42, 43, 166, 167, 283, 339, 341, 431 and DMC Act Sec 320, 466, 466A.
Thanks in advance for your feedback and for sharing any case-law.

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ajay sethi (Expert) 26 January 2015
we dont provide case laws . if resolution as been passed in AGM that only vehicles with stickers be allowed entry then it would be binding upon members

Rajinder Kumar Arora (Querist) 26 January 2015
Thanks for your attention. All residents in the said colony are not member of this RWA, which is unregistered (thus, has no locus standi in the eyes of law). Can they still enforce their dictum on all residents in the colony?

ajay sethi (Expert) 26 January 2015
if you are aggrieved by decision of RWA move court in this regard . if RWA is not registered it cannot force residents to have stickers on cars

Rajinder Kumar Arora (Querist) 26 January 2015
Thank you, Sir (Mr. Ajay Sethi)! Any further comments and opinions from other colleagues are also requested please!!

ajay sethi (Expert) 26 January 2015
thanks for your appreciation

Rajendra K Goyal (Expert) 26 January 2015
Unregistered society can not force residents regarding its decisions. Can get stay from court against issuing stickers and checking entry of vehicle of other residents.

Rajinder Kumar Arora (Querist) 26 January 2015
Thanks for your time and feedback, Sir (Mr. RK Goyal)!

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