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Pune: Landlords & students laud court order protecting students’ rental rights
The court observed that the residential society has no power to ban a particular person or group of persons from being tenants in its building
Both landlords and students in the city have welcomed a Pune cooperative court order staying a resolution by a residential cooperative housing society which makes it binding on flat owners to seek written permission from the society management before renting out their flat to students.
Sunil Koloti, a resident of an upscale residential society in Undri-Mohammadwadi, said, “Societies must adhere to the applicable by-laws, and imposing restrictions on renting out flats to students without valid legal grounds is deemed illegal. It is crucial to establish clear rules and guidelines for renting out apartments to students or any other individuals, ensuring that both the rights of the property owners and of the tenants are respected. Pune, being a city of knowledge, should support students seeking education by providing accommodation options, without compromising the principles of co-operative living or jeopardising the safety of the society’s residents. Societies should look at the other side as well, as students come to the city for studying, and rent places and there are so many opportunities opening up from a business perspective.”
Nitin Bokey, a resident of the Ganga Florentina Society, said that hooliganism by students in societies must also be taken into account. “The judge has called Pune ‘the Oxford of India’ and students must be given flats on a rental basis. Outstation students need residential accommodation which has to be given to them but nobody would take responsibility for hooliganism which is the main reason for societies discouraging landlords from renting out flats to students. The students must respect the dignity and sanctity of the premises and ensure that peace is maintained and families are not disturbed,” Bokey said.
Student activist Mohammad Saif said, “We welcome the court order as it has protected the rights of students which are being trampled upon by the residential society management. The students come from different corners of the city and stepmotherly treatment is given to them by denying them rental flats outright. The court has rightly ordered that the resolution banning students from housing societies in Pune is ‘illegal’ but at the same time, we must ensure that students also follow the society laws and respect the sentiments of the society by avoiding late night parties leading to hooliganism. Peace and tranquility must be maintained at all costs,” he said.
The Pune cooperative court order comes after hearing of a case between Swapnil Arthamwar and Vanraj Cooperative Housing Society. Arthamwar had approached the court seeking temporary injunction against the housing society, restraining it from executing and implementing a resolution passed in the annual general meeting (AGM) in July 2022 which barred the petitioner from renting out a flat to students.
Cooperative court judge A S Wanve in his order stated that the Maharashtra Cooperative Societies (MCS) Act 1960; MCS Rules 1961; and by-laws of society do not give any power to the housing society to decide who will be a tenant in its building. The court observed that the residential society has no power to ban a particular person or group of persons from being tenants in its building.
