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jaykumtekar (Legal Advisor)     30 July 2012

Cctv camera installation outside my flat

Dear All,

I am the secretary of a society in Navi Mumbai.  One of the member who is having two flat one in his name and the second one in his wife name has installed a CCTV camera outside Both his Flats.  He has also installed one CCTV camera in the Parking lot where he parks his car.

The fact of the case his that this particular member's was murdered in Kerala and the accused is now behind bars.  The accused has issued a threat to the member that he and his henchmen will eliminate him and his entire family.

Secondly there was an incident wherein his car parked in the parking lot was vandalised and his front side glass was broken by some miscreants in the society.

He has also submitted the photographs of the security guards in the night who are found sleeping whilst on duty.

The member has thus installed a CCTV camera to safeguard him and his family as it is a security threat to his family members at NaviMumbai.

Now the question is one member who is staying just opposite his house has objected to the CCTV camera being installed as his door is in front of the CCTV Camera.  However the door is always closed.  She is contending that her privacy is affected.

1.Now my question is whether a member can install CCTV on the wall of his flat.

2.Whether it will lead to encroaching or infringement upon the privacy of the other members.

3.Whether installing CCTV Camera outside the door of his flat is permissible.

4.Now big society and towers are installing CCTV camera's outside the flat of every house so for security reason whether the member has the right to install CCTV on thedoor of his flat.  Also I am been given to understand that to protect from criminal elements I am having a right to safeguard my security and hence I am entitled to install CCTV camera outside my flat.

5.The byelaws also does not have any clause as to prohibition of CCTV by a Member.

Kindly suggest the appropriate action I should take in this regard.  Also requested to provide citation /judgement on the above matter which is in favour of the member or not. The member has already applied for an Adinterim order before the JMFC and he has got and order not to remove the CCTV camera till the next date of hearing.  So citation could help me to solve this problem.

Jay Kumtekar

 



 13 Replies

Democratic Indian (n/a)     30 July 2012

1.Now my question is whether a member can install CCTV on the wall of his flat.

Why not? Where is the legal problem?

2.Whether it will lead to encroaching or infringement upon the privacy of the other members.

It will not lead to encroachment of privacy of other members so long the CCTV camera does not peep into and record the private space of other members i.e. activities inside the other flat's bedroom, bathroom etc. Common space is not a private space of other members.

3.Whether installing CCTV Camera outside the door of his flat is permissible.

Why not? Where is the legal problem so long the CCTV is recording activities in common area only?

4.Now big society and towers are installing CCTV camera's outside the flat of every house so for security reason whether the member has the right to install CCTV on thedoor of his flat.  Also I am been given to understand that to protect from criminal elements I am having a right to safeguard my security and hence I am entitled to install CCTV camera outside my flat.

Your understanding is correct. So long the CCTV camera is not being used for illegal purposes, it should not cause any problem.

5.The byelaws also does not have any clause as to prohibition of CCTV by a Member. Kindly suggest the appropriate action I should take in this regard.  Also requested to provide citation /judgement on the above matter which is in favour of the member or not. The member has already applied for an Adinterim order before the JMFC and he has got and order not to remove the CCTV camera till the next date of hearing.  So citation could help me to solve this problem.

Please search for "privacy" in any legal search engine like https://indiankanoon.org/

You may also like to read these:

https://www.lawyersclubindia.com/forum/Re-Encroachment-to-privacy-59564.asp

https://www.lawyersclubindia.com/forum/Question-44907.asp

Sudhir Kumar (Retd Govt Officer)     02 August 2012

from given facts themembers appears to be justified rather having no choice.

NITIN KUMAR SINGH (CHIEF ENGINEER )     26 May 2015

Dear All

Due to the increased criminal cases in ghodbunder area recently i have also installed the CCTV camera in Common area outside my flat. The camera captures the Footage from Common area and STAIR case which serve as common access way to visitor. Recently i recievied the Letter from society that That it is Unlawfull as others Privacy is hampered. As stated camera captures only footage from common area corridor and stair case. Please guide me the legality of subject.

with regards

Nitin singh

NITIN KUMAR SINGH (CHIEF ENGINEER )     26 May 2015

Sudhir Kumar (Retd Govt Officer)     26 May 2015

Originally posted by : NITIN KUMAR SINGH
Dear All

Due to the increased criminal cases in ghodbunder area recently i have also installed the CCTV camera in Common area outside my flat. The camera captures the Footage from Common area and STAIR case which serve as common access way to visitor. Recently i recievied the Letter from society that That it is Unlawfull as others Privacy is hampered. As stated camera captures only footage from common area corridor and stair case. Please guide me the legality of subject.

with regards

Nitin singh

Please write back to society asking

 

(i) under which specific law you are forbidden to install CCTV camera. Many societies are itself installing.

(ii) specific law under which society is empowered to stop anyone from anti-burgular devices.

(iii) in whose bedroom / drawing rooom or private property you have peeped through CCTV camera.

(iv) Name and addresses of person(s) who are disturbedd due to this ant-burgular device.

NITIN KUMAR SINGH (CHIEF ENGINEER )     27 May 2015

Thanks allot sir for your prompt reply and for  generous guidance on the subject

with regards

Nitin singh

 

1 Like

NITIN KUMAR SINGH (CHIEF ENGINEER )     28 May 2015

Respected Sir

I wrote same to the society as suggested but sir it has passed 2 day but they are not replying to my mail in this regard ,i donot know why they start a topic and keep mum after that .sir i want to know what shall be further action i shall take regarding this please suggest, because i feel there silence may be something fishy

with regards

nitin singh

 


(Guest)

he has right to install it on his walls as long as it doesn get into other privacy.

infact our own association had a meeting for individual owners installing CCTVs and gues what, the owners won it stating they have right to install it providing justificatiosn of recent theft occured in the community.

Sudhir Kumar (Retd Govt Officer)     29 May 2015

Originally posted by : NITIN KUMAR SINGH
Respected Sir

I wrote same to the society as suggested but sir it has passed 2 day but they are not replying to my mail in this regard ,i donot know why they start a topic and keep mum after that .sir i want to know what shall be further action i shall take regarding this please suggest, because i feel there silence may be something fishy

with regards

nitin singh

 

They will not reply.  They have no cogent reply. Most office bearers of the societies do not even bother to read Society constitution. in India ignorace of law is also a status symbol. 

NITIN KUMAR SINGH (CHIEF ENGINEER )     29 May 2015

Thanks allot sir its grace of god that we can still find people like you who have a phillianthropic approach and are ready to deliver to society.sir I was so concern because I was whistle blower to thane municipal corporation for illegal construction activity in my society and chairman itself is one of the defaulter.thus safety of my family is essential.

NITIN KUMAR SINGH (CHIEF ENGINEER )     15 June 2015

Respected Sir

As i have briefed you the things about CCTV. Sir yeterday again i recievied the letter from society asking me to remove cctv otherwise taking legal action. Sir i my reply to this new letter i have attached the copy of letter  issued by TMC which discloses me a whistle blower against illegal construction activity in my society and also the copy of FIR which i have registered to the nearest police station for vandalising my car after issue of TMC NOTICE . This i have done to show that i have threat to my property and life and grant me the permission to install cctv . sir i have also requested society to vigil the footage with police as i have already informed this to police. Sir i have even written that i will remove the cctv if society garantees the safety of my family from any sabotage in future. Please advice SIR , SIR society is favouring the chairman who lives on the same floor and his flat was under the list of unathorised construction based on the letter issued by TMC(THANE MUNICIPAL CARPORATION).

PLEASE SUGGEST SIR

WITH REGARDS

NITIN SINGH

Sudhir Kumar (Retd Govt Officer)     15 June 2015

YOU ARE REVEALING FACTS IN INSTALEMENTS

you appear to be someone who is thretened by the socity Chairman whose misdeeds you have challnaged. Your attempts of security of property as being taken as a source of disturbance by him and untenable notices are being cuase to you (atleast what is apprent from the facts given so far)

GIVE A COMPLAINT TO THE REGISTRAT.

 
 
 
 
 

Fathi   17 March 2019

Wrt to your posting and replies. Self from South Chennai residing in a Residential owners apartment for 30 years aged. The association registration cancelled before 18 months. Few members in our apartment used to beat cats with iron rod and wooden blocks. I have installed CCTV out of my flat just focusing the entry side (Not on any one else personal space). The care taking Secretary and Treasurer immediately broke the CCTV. I approached the deputy commissioner to get permission to install CCTV as my association is not valid legally. He asked the Inspector of police to look at the matter. The Inspector visited my site and refused to give permission to install CCTV outside my flat focusing the passage. He advised me to get permission from the association. I told him as the association is not valid. He refused to accept. I have cctv inside my glass window it only focus common area not disturbing anybody´┐Żs privacy. Now they blocked my CCTV with a big size wooden board. Near my window in such a way I cannot see through my hall window of those who pass on the passage. My problem the Secretary and the Treasurer are the one who beat the poor cats. Any one kindly advise me a suitable advocate with phone number at Chennai near Adyar to take the matter to the court and get the permission to fix CCTV for my safety and safe guard out roaming cats and dogs being beaten. Need legal guideline to approach in the correct way. Expecting your detailed reply. Thank you. Fathi 17 Mar 2019

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