Pune Housing Society Row: Co-Operative Appellate Court Allows Tuition Classes, Balwadi To Continue; Says Nuisance Must Be Proven
· Free Press Journal
Pune, May 25: The Maharashtra State Co-operative Appellate Court has set aside an ex-parte injunction granted by the Maharashtra State Co-operative Court that had restrained residents of a Pune housing society from conducting tuition classes and running a Balwadi (nursery school) from their bungalow, holding that nuisance cannot be presumed without evidence and that educational activities were not expressly prohibited under the society’s bye-laws.
Dispute between residents and housing society
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The dispute was between Madhukar M. Mahajan and others versus Archana Sahakari Gruha Rachna Sanstha Maryadit.
The appellate court observed that the lower court committed an “error” in abruptly granting the injunction without properly considering settled legal principles relating to nuisance or hearing the appellants adequately.
“The learned Trial Judge has not taken into consideration the well-settled principles in the context of nuisance and was in error in granting ex-parte injunction as prayed by the respondent society, thereby abruptly stopping the activity carried on by the appellants for the last three years,” the appellate court observed.
Society objected to educational activities
The dispute arose after the Pune-based co-operative housing society objected to the appellants operating tuition classes and a Balwadi from their residential bungalow within the society premises.
The society alleged that the activities caused disturbance, traffic congestion and nuisance to neighbouring residents, while also violating the residential character of the society.
The appellants, appearing through advocate S. V. Kanetkar, argued that the Balwadi had been functioning for nearly three years as a social and educational activity and that the society’s bye-laws did not contain any absolute prohibition against such use of residential premises.
Court examines nuisance principles
The appellate court held that nuisance is a mixed question of fact and law that must be established through evidence and cannot merely be presumed.
It noted that the respondent society had relied primarily on affidavits and photographs submitted by a few residents, which by themselves were insufficient to conclusively establish actionable nuisance.
“Prima facie, the activity of carrying out Balwadi cannot be said to be a wrongful act,” the court observed, adding that whether there was any actual inconvenience, annoyance or damage to neighbours could only be decided after recording evidence during the final hearing of the dispute.
No specific prohibition in bye-laws
The bench further observed that the society failed to point out any specific bye-law completely prohibiting private tuition classes or Balwadi activities.
It noted that the bye-laws contemplated reasonable use of residential premises, including educational and recreational activities.
Educational activities not automatically nuisance
Referring to settled legal principles on nuisance, the court observed that every person is entitled to comfortable and healthful enjoyment of their premises so long as such use does not materially interfere with the ordinary physical comfort of others.
The court further noted that in a modern urban setting, activities such as a nursery school cannot automatically be treated as nuisance unless there is evidence showing substantial disturbance.
Lower court order criticised
The appellate court also criticised the lower court for not recording adequate reasons before granting the ex-parte injunction.
It observed that courts must demonstrate strong and grave reasons to show why delay in granting relief would defeat the very purpose of the injunction.
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The court further held that abruptly stopping the educational activities in the middle of the academic year would prejudice not only the appellants but also the interests of children attending the Balwadi.
Holding that the balance of convenience favoured the appellants, the court set aside the interim restraint order and directed the lower court to expeditiously decide the main dispute on merits.
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