NEW DELHI: A local court's order that residents' welfare association's (RWAs) in colonies developed by Delhi Development Authority (DDA) cannot collect maintenance charges has put a question mark on the functioning of RWAs in the capital. RWA fees—variously called maintenance charges, membership fees, common service expenses or simply security charges—may soon be challenged by residents following the landmark judgment.
Most plotted colonies were developed by DDA and handed over to the MCD, whose offshoots—the three municipal corporations—are now responsible for their maintenance. But RWAs claim the corporations do a shoddy job so they have to look after local maintenance. Also, the charges are necessary for hiring security staff, they say.
"While it is fair to say that municipal corporations have to do the maintenance work and the state is there to provide security, the same is not true in practice," said Ashutosh Dikshit, member of URJA, an organization of RWAs. "If we left the maintenance of parks to MCD, they would be in a shambles," said Rajiv Kakria, member, GK-1 RWA.
The RWAs claim they need more funds to properly maintain their neighbourhoods but their present legal status is a hurdle. Dikshit says the associations are at present registered as societies under the Societies Act of 1860 which does not grant them statutory or legal protection. URJA is seeking statutory status for RWAs.
Kakria said although his RWA charges only Rs 100 per month, the fee is not compulsory. "In a year we collect about Rs 6 lakh from residents, which is insufficient. We had to let go of some of our colony guards as gardeners, sweepers and contractors also need to be paid. We also organize cultural events and there are costs for water harvesting."
The court ruled that RWAs can collect maintenance charges if they have been constituted for a multi-storey building complex (defined as a structure with four or more storeys of apartments) under the erstwhile Apartment Ownership Act. Most of the old DDA developed apartments do not fall in this category. Another condition about a pre-existing agreement between DDA and the RWA for collection of maintenance charges is also not applicable in most cases.
"We will hold a meeting of all RWAs on this issue. If need be, we might approach the higher court," said Amit Aggarwal, executive member of the Vasant Kunj RWA. "If the government does not want us to collect funds, it should provide us with necessary facilities," he added. The Vasant Kunj A-Block RWA, Aggarwal said, charges Rs 200 monthly to pay salaries of 17 guards and for other services.
While RWAs claim their existence is essential, many residents TOI spoke to said they pay membership fees not because of faith in these bodies but due to fear of boycott.
"When I pay house tax to the corporation, why should I pay extra money to any RWA for maintenance of colony roads, parks or streetlights? None of the RWAs gets its accounts audited and selection of members is arbitrary," said Pradeep Kumar, a resident of Lajpat Nagar. A south Delhi resident said, "Most houses have private guards, so why do we need to pay security charges? But if I do not pay, the RWA can make my life difficult by denying parking space, club membership or withholding important documents like IGL forms etc," he said.
A Sarita Vihar resident said, "I have lived here for more than a decade but am still reluctant to pay maintenance charges. The reason is lack of regular sweeping, poor maintenance of back lanes and a closed system that fails to engage residents in the management of their neighbourhoods".
RWAs, however, stress that the system based on maintenance charges has improved colonies. Gulshan Rai, executive member of the RWA in C2-Block, Janakpuri, said, "RWAs provide many basic services and funds are needed for these, but if someone does not want to pay, they simply don't." The RWA collects Rs 1,500 a month per household.
Most plotted colonies were developed by DDA and handed over to the MCD, whose offshoots—the three municipal corporations—are now responsible for their maintenance. But RWAs claim the corporations do a shoddy job so they have to look after local maintenance. Also, the charges are necessary for hiring security staff, they say.
"While it is fair to say that municipal corporations have to do the maintenance work and the state is there to provide security, the same is not true in practice," said Ashutosh Dikshit, member of URJA, an organization of RWAs. "If we left the maintenance of parks to MCD, they would be in a shambles," said Rajiv Kakria, member, GK-1 RWA.
The RWAs claim they need more funds to properly maintain their neighbourhoods but their present legal status is a hurdle. Dikshit says the associations are at present registered as societies under the Societies Act of 1860 which does not grant them statutory or legal protection. URJA is seeking statutory status for RWAs.
Kakria said although his RWA charges only Rs 100 per month, the fee is not compulsory. "In a year we collect about Rs 6 lakh from residents, which is insufficient. We had to let go of some of our colony guards as gardeners, sweepers and contractors also need to be paid. We also organize cultural events and there are costs for water harvesting."
The court ruled that RWAs can collect maintenance charges if they have been constituted for a multi-storey building complex (defined as a structure with four or more storeys of apartments) under the erstwhile Apartment Ownership Act. Most of the old DDA developed apartments do not fall in this category. Another condition about a pre-existing agreement between DDA and the RWA for collection of maintenance charges is also not applicable in most cases.
"We will hold a meeting of all RWAs on this issue. If need be, we might approach the higher court," said Amit Aggarwal, executive member of the Vasant Kunj RWA. "If the government does not want us to collect funds, it should provide us with necessary facilities," he added. The Vasant Kunj A-Block RWA, Aggarwal said, charges Rs 200 monthly to pay salaries of 17 guards and for other services.
While RWAs claim their existence is essential, many residents TOI spoke to said they pay membership fees not because of faith in these bodies but due to fear of boycott.
"When I pay house tax to the corporation, why should I pay extra money to any RWA for maintenance of colony roads, parks or streetlights? None of the RWAs gets its accounts audited and selection of members is arbitrary," said Pradeep Kumar, a resident of Lajpat Nagar. A south Delhi resident said, "Most houses have private guards, so why do we need to pay security charges? But if I do not pay, the RWA can make my life difficult by denying parking space, club membership or withholding important documents like IGL forms etc," he said.
A Sarita Vihar resident said, "I have lived here for more than a decade but am still reluctant to pay maintenance charges. The reason is lack of regular sweeping, poor maintenance of back lanes and a closed system that fails to engage residents in the management of their neighbourhoods".
RWAs, however, stress that the system based on maintenance charges has improved colonies. Gulshan Rai, executive member of the RWA in C2-Block, Janakpuri, said, "RWAs provide many basic services and funds are needed for these, but if someone does not want to pay, they simply don't." The RWA collects Rs 1,500 a month per household.
with thanks : Times Of India : LINK
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