Registrar directs RWA to follow bye-laws, reverses Sector 110 EWS common area access order

Mahindra Aura EWS row: Gurugram registrar reverses earlier access order and directs the RWA to follow registered bye-laws and conveyance deeds.

A Gurugram housing society’s park has become the centre of a dispute over economically weaker section (EWS) residents’ access to common areas, with the district registrar on Thursday reversing an earlier order that had allowed them to use the common spaces at Mahindra Aura condominium in Sector 110.

The society in Sector 110 has 599 flats and 141 EWS units. (HT Photo)

District registrar Arpit Gehlawat directed the resident welfare association (RWA) to proceed in accordance with society’s registered bye-laws and conveyance deeds.

“The association shall strictly proceed in accordance with provisions contained in the registered conveyance deed and the approved bye-laws of the association. Any rights, usage, restrictions or other matters relating to the common parks and green spaces shall be governed by and dealt with strictly in accordance with the aforesaid documents,” read the order.

District registrar Arpit Gehlawat said, “The association is directed to ensure compliance with the provisions of the registered conveyance deed and approved bye laws while taking any further action in the matter.”

Earlier order

HT on September 26 had reported that the district registrar directed the RWA to allow EWS residents to access the society park, internal roads and common areas, after the residents raised the concern at “Samadha Shivir” with the Gurugram deputy commissioner, who then forwarded the complaint to the district registrar.

Kashmir Singh, a 70-year-old resident, and his wife alleged that they were denied entry to the common park last month.

The RWA had denied the allegations and maintained that EWS residents did not have rights over the condominium’s common areas and facilities under the provisions governing the housing complex.

Rajat Arora, a resident and former RWA general secretary, told HT, “The issue is being raised by just one person residing in the EWS flats. If I pay ₹11,000 to avail clubhouse services, how can someone who pays ₹700 expect the same access to services. And there are ample walking areas and parks around that side of the society. Society amenities require maintenance, and people are charged for it.”

Arora added that the society has 599 flats and 141 EWS units.

Access still remains a challenge

Singh, however, said he would continue his fight for access. He alleged that EWS residents continued to face resistance from other residents even after the district registrar had allowed them to use the common areas.

“Even after the District Registrar allowed us access, residents of Aura continued to deny us entry to the parks. After we approached the police, they stopped preventing us from using the common park, and we were allowed access for about a week. But that relief was short-lived,” he said.

Singh said the dispute is not merely about access to a common facility, but about something as basic as having a safe place to walk. He and his wife, both senior citizens, have health concerns that make regular walking important for them. He said that they had never sought access to the condominium’s club facilities or objected to the upkeep of the park.

“At our age, going to the park for a walk is really important — it keeps us active and gives us a place to spend some time. When did we ask for your club facilities? We never asked for those. Neither did we say no to the maintenance of the park. We only want to be allowed to use the common park,” he said.

Singh also alleged that several EWS flats have been purchased by non-EWS allottees, further reducing the number of EWS residents in the complex. He said the community has previously faced other restrictions, including alleged obstruction of the fire access route and barricading.

“It feels like we are being kept as prisoners, just because we asked for access to the park,” he said.

Singh and his wife told HT that they plan to meet the district registrar to raise their concerns and seek clarity on the latest directive regarding access to the common areas.