Children Have Fundamental Right To Play: Karnataka High Court Directs Apartment Association To Reconsider Ban On Football In Play Area

Holding that apartment owners have the right to safe common areas, and children possess the right to recreation, the Karnataka High Court has allowed an appeal filed by a couple against their apartment owners' association. [2026 LiveLaw (Kar) 246]

The Single Judge Bench of Justice Hanchate Sanjeevkumar allowed the appeal from a suit preferred by the couple who are residents of an Apartment Complex in Sahakaranagar, Bengaluru, saying that decorating common stairways with pots create public nuisance and children cannot be deprived of their right to play in common playgrounds.

On the children's right to play in the common playground provided inside the apartment area, the court said:

“…Playing games by children is a fundamental right of children and prohibiting the children from playing takes away their overall health. Hence, it is hereby directed that the defendant/association reconsider its decision, which was taken earlier in this regard…. shall take a decision as to which games are to be allowed and which are not allowed in the play area. However, by stopping one or two games, the children should not be deprived of playing games in the play area. The defendant shall specify the games to be played in the play area after taking confidence of the members of the association”, the court noted in the order.

For context, the appellants had filed a suit for mandatory injunction and damages before the Trial Court after the apartment association placed pots on the common stairways and corridors of the building. In 2012, while using the stairs, one of the appellants allegedly appellant suffered a severe fracture injury after slipping. The incident was attributed to water from the pots making the floor wet and slippery, due to which, the appellant through extensive medical care.

According to the appellant, Association did not pay heed to the repeated complaints and the pits were left where they were. The Association had also prohibited children from playing football in the common playground of the apartment.

The trial court said that the plaintiff couple failed to establish the factum of association illegally keeping pots and refused to interfere with the apartment's decision to prevent children from playing games in the common playground.

The High Court noted that the defendant association had admitted to the placement of pots and removal of them post the filing of the suit.

“…The plaintiffs have shown good reason why pots should not be kept, for the reason that plaintiff No.1 fell on the stairway due to slippery floor caused by keeping pots and watering the pots and produced medical documents to show that she has undergone surgery for the fatal injuries…”, the court observed, noting the medical documents marked as documents before the trial court.

“…If the pots are kept on the stairways, inevitably they have to be watered and the water would percolate and flow onto the stairway floor to become wet and slippery. The plaintiffs have proved the fact that due to such slipperiness on the floor caused by watering the pots, she fell and suffered injuries…”, the court further clarified.

Noting the above, the court issued a mandatory injunction that the association shall remove all pots from stairways and other common areas meant for common use. The court also issued a perpetual injunction that the association shall not keep any pots or materials on stairways and corridors that are common areas.

These are in addition to the direction to take a decision by majority as to which games are allowed for children on the playground within three months by convening a general body meeting.

“It is contention taken by the defendant/association that the decision to stop playing football in the play area was taken by the defendant/association based on the complaints of the residents and that only some of the games that are suitable for the play area are allowed to be played…There is no averment in the written statement of the defendant as to which games are allowed to be played by the children and which are not….”, the court added.

Case Title: Sangeetha Agrawal & Anr. vs. M/S Esteem Gardenia Apartment Owners Association

Case No.: RFA No. 1826 of 2021

Citation: 2026 LivdeLaw (Kar) 249

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