Children Have A Fundamental Right To Play Games And Apartment Owners Association Cannot Restrict The Same Arbitrarily: Karnataka High Court

It is entirely in the fitness of things that while striking the right chord, the Karnataka High Court in a most learned, laudable, landmark, logical, and latest oral judgment titled Sangeetha Agarwal v. Esteem Gardenia Apartment Owners Association in Regular First Appeal No. 1826 of 2021 and cited in Neutral Citation No.: NC:2026:KHC:30529 that was pronounced on June 16, 2026, has minced absolutely just no words to hold in no uncertain terms that children have a fundamental right to play games and apartment owners’ associations cannot restrict the same arbitrarily. It must be noted that the single judge bench comprising the honorable Mr. Justice Hanchate Sanjeev Kumar made the key observation while quashing a residents association’s decision to prohibit children from using the playground in the apartment. It merits noting that the bench was unequivocal in holding that "Playing games by children is a fundamental right of children, and prohibiting the children from playing takes away their overall health."

Background Of The Case

By the way, the Karnataka High Court was hearing a plea that had been filed by two residents of Esteem Gardenia Apartment, which was situated at Sahakara Nagar in Bengaluru, challenging such unjustified restrictions. We need to note that besides the restriction that was imposed on the use of the playground, the plea also raised another vital issue pertaining to the blocking of the stairway by placing flowerpots. What also must be taken into account is that the trial court agreed that the flower pots were placed in a common area but dismissed the suit on the grounds that no illegality of the placement of plants was proved. The petitioner then appealed to the High Court, from where he finally got relief!

Opening Observations Of The High Court

At the very outset, this brief, brilliant, bold, and balanced oral judgment authored by the Single Judge Bench comprising the Honorable Mr. Justice Hanchate Sanjeev Kumar of the Karnataka High Court at Bengaluru sets the ball in motion by first and foremost putting forth in para. 1 that "The Regular First Appeal is filed by the appellants/plaintiffs calling in question the judgment and decree dated 27.09.2021, passed by the X Additional City Civil & Sessions Judge, Bengaluru, (hereinafter for brevity referred to as ‘the Trial Court’), in O.S.No.9969/2015, wherein the suit filed by the plaintiffs against the defendant/association for the relief of mandatory injunction and for damages came to be dismissed."

Facts Of The Case

To put things in perspective, the bench envisages in para. 3 while elaborating on the facts of the case...

As it turned out, the Division Bench enunciates in para. 4 while elaborating further...

Further, the bench discloses in para. 5...

As things stand, the bench observes in para. 6...

Issues Framed By The Trial Court

Truly speaking, the bench then mentions in para. 7 that:

Issues

1. Do plaintiffs prove that the suit area is a common area meant for use and occupation of the suit apartment residents?
2. Do plaintiffs further prove that the defendants have illegally placed pots at stairways of the suit apartment and that it is causing inconvenience to them?
3. Do plaintiffs further prove that it can seek a mandatory injunction against the defendant not to allow others to put any obstruction on the stairways of the premises in suit?
4. Do plaintiffs further prove that the circular notice resolution of the defendant issued by playing of football in the suit apartment playground is null and void and not binding upon the plaintiffs?
5. Are plaintiffs entitled to damages of Rs.100,000/-?
6. Are plaintiffs entitled to the reliefs sought?
7. What order or decree?

Evidence Before The Courts

• Plaintiff No. 2 examined as PW-1.
• Plaintiff No. 1 examined as PW-2.
• Exhibits P-1 to P-52 are marked.
• Defendant relied upon Ex.D-1.

Do note the bench notes in para 8...

Do also note the bench then notes in para. 9...

Grounds Of Appeal

Do further note, the bench then also notes in para 11...

As a corollary, the bench then points out in para 12...

What's more, the bench lays bare in para. 13...

Landmark Observations On Children's Right To Play

Playing games by children is a fundamental right of children and prohibiting the children from playing takes away their overall health.

Most significantly, the bench encapsulates in para. 21 what constitutes the cornerstone of this notable judgment...

High Court Final Decision

It is worth noting that the bench notes in para 22...

Final Order

Finally and far most significantly, the Bench then aptly concludes by directing and holding in para. 23 that:

1. The Regular First Appeal is allowed.
2. The judgment and decree dated 27.09.2021 passed in O.S.No.9969/2015 by the X Additional City Civil and Sessions Judge, Bengaluru (CCH-26), is hereby set aside.
3. The suit of the plaintiffs is decreed by mandatory injunction to the effect that the defendant/association shall remove the pots placed in the stairways and other common areas, which are meant for common use by residents of the flats in the apartment.
4. It is also hereby decreed by granting a perpetual injunction that the defendant/association shall not keep any pots or any materials on the stairways and corridors, which are common areas meant for the use of the owners of all flats/members in the apartment.
5. It is also hereby directed by mandatory injunction that the defendant/association shall take a decision by majority as to which games are to be allowed and which are not allowed for children to play within a period of three months from today by convening a general body meeting.
6. Draw a degree accordingly.

In view of the disposal of the appeal, pending IAs', if any, shall stand disposed of.

Sanjeev Sirohi, Advocate,
s/o Col. (Retd) BPS Sirohi, A - 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.