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Not allowed to play by rwa dda in parks

(Querist) 06 April 2012 This query is : Resolved 
Hi Im a resident of c-9 vasant kunj and a lot of residents from here and other far off sectors,both adults and children are not allowed to play in the DDA parks of c-9 and c-6(ARAVALI n VASANT VATIKA respectively).According to a judgement by the Delhi High Court in Rajinder Nagar Welfare Association vs MCD/DDA n others,children cant be stopped by anyone from playing in any parks whatever may be the reason.the rwa says that the cricket academy thats being run in the c-9 dda park pays for the maintainance and thus the rwa doesnt have a say.they say we must pay to play there,apart from what we re already paying to the RWA every year.similar reason given in c-6 where they say the ornamental flowers get destroyed.theyve called the police so many times before who come n stop us from playing despite the high court ruling that says noone can be stopped from playing.urgent advice needed as to what the next step should be,it will be greatly appreciated by all of us,
ajay sethi (Expert) 06 April 2012
contact a local lawyer . move court agaoinst DDA refusal to permit kids from playing in the park . rely upon earlier high court ruiling . court will prmit you access subject to reasonable terms and condions
Sudhir Kumar, Advocate (Expert) 07 April 2012
exactly what Mr Sethi replied.

Story of RWA is similar every where. In addition start popular campaign and get this RWA voted out. Most of the office bears are retired petty Govt officials from low level, non-decision making, gazetted posts or even below, who had throughout life been half slaves and power starved and after retirement are agile and of no other use to their family and not worth any respectable job. Or else they are young property dealers giving impression of muscle power from nearby village. They both have a common strength of having ample spare time. They have a common weakness of not being able to keep proper account of the RWA Money and not able to get a proper audit. They are always open to the challenge of embezzlement (even if they have not done). As a policy they do not like to share the copy of registered constitution of the RWA.


They are more active in RWA where there is no big temple and their greed for power is not satisfied in temple fund. They have a common habit of not being aware of law and common tendency to argue on the basis of law when other person does slightest error. They always argue illegality of election when voted out.


Some of them have rehearsal in office bearers in Govt colony before retirement. But during those days they cannot behave like such imprudence as till them they are boundby service norms and RWAs of Govt colonies are controlled by Govt and not by Registrar of cooperative societies. They are always very courteous to those residents whom they believe to be well placed/ well connected and pay utmost regard to him. Some of them may be teatotallers and may also be wine addicts. It does not make much difference on their bahaviour.


They have a common rudeness with guards, laundry woman, maids, gardeners, car washing boys, plumbers, vegetable vendors, kabari, electricians, carpenter, milkmen etc, priest of local temple etc who happen to visit colony for a living. At times they are their milch cows. Delivery boys of restaurants to not scum to them because of support of large company. In any case the Postman is public servant so forget to harass him. Each report of theft of bike or car stereo is a boon for them so that they can derive more sadistic pleasure in more harassing the residents and workers in the name of “security” and threaten any resident of reporting against him to the police. I have also seen them to obtain written complaints from poor guards and giving police complaint of robbery of personal cash and then getting rebuked by police.

Falling out of definiation of Public servant in Prevention of corruption act they cannot be charged under PC act for embezzlement or bribery. Booking such persons in charge of extortion or fraud is generally avoided by the residents.


In case some poor person has slightly jumped the municipal law and converged part of his dwelling unit into grocery/ stationary short etc then they have a right to behave with him the way a madari behaves with monkey. Even poor woman doing petty stitching jobs from flats are at times harassed. They do like to harass the tenants but do not venture much because since they have no permanent stake the tenants do not mind slapping/beating them and even calling police. I have heard them at times helping the tenants if they intend to grab the flat.


Simply because of grey hair some people like you choose them to represent and they start feeling like Feudal lords. They enjoy sadistic pleasure in such acts and generally do not have any moral or financial backup to face the litigation. However as long as office bearers the police/MCD/Local DDA officers if not very smart are likely to be influenced by them.

It is lucky that they have not been given sovereign powers like village panchayat.

If you are not able to tame them in time they will hold entire society to ransom.
Shonee Kapoor (Expert) 07 April 2012
The action of RWA to not allow children to play in parks is totally against the policy of having parks.

Gather others and vote out the RWA or move court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh (Expert) 07 April 2012
adequately guided.
Mannat (Querist) 18 April 2012
Sir,
the reason why we havent taken any action against th cricket academy in C-9 uptil now is that they were the ones who built the park,paid for it and still pay for its expenses,but they have no official permission from the DDA.So incase they get thrown out,the RWA in any case would do nothing to maintain it and the DDA probably doesnt even know that the park exists.Also,there is the issue of the children who come to practice at the academy,it wouldnt have been fair on our part if they had to suffer incase we went ahead and filed a case against them.Probably the same reason why the RWA also supports the academy being there since theyre doing the community a service,but the matter has gone out of hand and if no solution is reached at through talks,then we will definitely not hesitate to do the needful.
I thankyou all for the valuable advice on behalf of all the aggrieved residents of vasant kunj,

kind regards
Mannat (Querist) 18 April 2012
Respected sirs, as per your directions to have the RWA voted out we have taken the first step towards it and we re determined to see it through till the end.
Also,if gathering information about the DDA park (as to who has the authority over it and if the academy can interfer with the resident's right of play)through an RTI would be useful before filing a case



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