Regarding the safety door for my palenthouse

What is the legal issue / dispute for consideration and obligation of experts ?

Facts

The petitioner purchased a penthouse situated on the fifth floor of a residential apartment. Adjacent to the petitioner's flat is a common terrace, which is accessible to all residents of the apartment.

The petitioner's kitchen has a window opening towards the common terrace. Since the terrace is freely accessible, any resident or stranger entering the terrace can directly look inside the petitioner's kitchen and even into the interior portions of her residence.

The petitioner states that:

• her husband frequently remains out of station;
• she resides with her 10-year-old son and aged mother-in-law;
• for security and privacy she intends to install a security grill/gate at the entrance leading to her portion without obstructing the common terrace;
• certain residents have objected and are preventing such installation.

Issues

1.   Whether an apartment owner possesses a legal right to protect her privacy?

2.   Whether she can install a security gate?

3.   Whether other apartment owners can legally prevent such installation?

Issue No.1

Every homeowner enjoys an inherent right to peaceful possession of his or her property. The right to privacy has been recognized as a fundamental right flowing from Article 21 of the Constitution. Privacy does not end at the entrance door of a residential apartment. Every occupant has a legitimate expectation that strangers or neighbours should not have unrestricted visual access into the dwelling. A kitchen window opening into a common terrace cannot become an invitation for every resident to look inside the house. Therefore, the petitioner has a legally protected right to safeguard her privacy.

Issue No.2

The law distinguishes between:

• encroachment upon common areas; and
• installation of reasonable safety devices.

If the proposed security gate:

• does not reduce the widdth of the common passage,
• does not obstruct movement,
• does not permanently occupy common property,
• does not interfere with emergency evacuation,
• remains within the petitioner's entrance area,

then it amounts merely to a reasonable security arrangement.

Issue No.3

The respondents have objected without showing:

• any structural damage,
• any obstruction,
• any fire safety violation,
• any infringement of easement rights.

Their objection appears to be based merely on personal dislike. A residents' association cannot curtail the legal rights of an apartment owner unless:

• such restriction exists in the registered bye-laws;
• such restriction is reasonable;
• and such restriction is uniformly applicable.

Even then, the restriction cannot violate constitutional guarantees of dignity, privacy and safety.

Additional Consideration

The Court cannot ignore the peculiar facts:

The petitioner is a lady living:

• with a minor child;
• with an aged mother-in-law;
• while her husband remains away on official/business tours.

Security concerns are therefore genuine and not imaginary.

The Court must interpret apartment regulations in a manner that promotes safety rather than exposes residents to avoidable risks.

If the Association Refuses Permission

If permission is required under the bye-laws and is arbitrarily refused, the refusal becomes:

• arbitrary;
• unreasonable
• discriminatory;
• contrary to principles of natural justice.

Practical Legal Remedy

Before approaching a court, the client should:

1.   Obtain the registered apartment bye-laws and verify whether they regulate installation of safety gates, grills, or enclosures in common areas.

2.   Submit a written application to the apartment association describing the proposed gate, with a sketch showing that it will not obstruct the common passage or emergency exit.

3.   If the association refuses or does not respond, send a legal notice demanding reasons for the refusal and asserting the rights to privacy and safety.

4.   If the refusal is arbitrary, file a civil suit for mandatory and permanent injunction, seeking:

o   permission to install the gate,

o   restraint against interference by the association or individual residents,

o   protection of peaceful enjoyment of the apartment.

5.   If residents are threatening, harassing, or attempting to forcibly prevent installation, a complaint may also be made to the local police seeking preventive action to maintain peace.

 Best Regards
Prateek Tigala
(Advocate)
8219705285

Legally and structurally, apartments have strict rules about Common Area Encroachment. As the terrace and the passage are shared spaces, the building association or neighbors often object to physical gates because they can block emergency fire exits or alter shared property.

If you want to secure your penthouse without violating apartment rules or needing your neighbors' permission you may apply a mirrored or frosted privacy film to the glass. During the day, people outside will only see a reflection or a blur, but you can still see out or adopt any other feasible modes to prevent them from the concerned issues.

If you still want to push for a gate, offer to install a collapsible scissor-gate that uses a "break-glass" emergency key box or a digital lock where the code is shared with the building management. Assure them it will never block the terrace access in an emergency..

If you catch someone peeking into your kitchen window, record it if possible, or note the time. Bring this documentation directly to the apartment association president. Frame it as a privacy and harassment issue, not just a property issue.

Your immediate next step should be ordering a privacy window film and a smart video doorbell. These two things require zero permission from your neighbors, can be installed in a single afternoon, and will immediately cut off the peeping while giving you eyes on the passage.

Each flat resident have right to safety measurements to be taken for safety of😘residents who residez their, no other members can object it, if their is no obstruction for others.

The query suggests deeper issues. Please post complete facts.

It is not possible to give an opinion or suggestion without a drawing or a sketch. The queryist says that she cannot put a curtain (made of cloth) as it is a kitchen window. But she can fix louvres made of non-combustible materials. Louvres will not obstruct ventilation.

I live in a building in Mumbai constructed by lower middle class people decades ago. There are no pent houses. Lack of privacy and window thefts are problem not only for pent house dwellers but also for those who live in ground-floor flats. In our building ground-floor member have fixed grills that project about 40 cms outside enabling the residents to open and close the window shutters. The lady here can fix such a grill. If necessary I can send photographs.

Coming back to my building, as I am old, I often make rounds through the passage at night. I find that most flats have their kitchen windows opening towards the passage. (Luckily my flat has privacy). No member has raised any objection regarding peeping toms all these years.