Lawfully yours: By Retd Justice K Chandru

Curative petition on EWS quota possible if review plea rejected

The Supreme Court has upheld the 10 per cent reservation for the economically weaker sections (EWS) among other castes in government jobs and colleges across India. But why are SEBCs/OBCs/SCs/STs excluded from the scope of EWS reservation? Is not such an amendment breach of the Constitution? Can an ordinary person further take up the issue in a court of law?

— Padmavathi Ammal, Kovaipudur, Coimbatore

On this issue, even the recent constitution bench has given a split verdict on a 3:2 basis. The majority said that it was a reasonable classification. The reserved groups are already enjoying a quota in reservation and they need not be included in the new 10 per cent EWS quota. But the minority of two judges have said that excluding the poor of the hitherto reserved quota communities amounts to discrimination. This view has received wide support in public opinion. Many groups have announced the filing of a review petition failing which a curative petition can be filed. You need not go individually to file petitions. You may have to spend huge amounts on it.

RWAs have no powers to enforce under Apartment Ownership Act

The individual associations managing the affairs of the residential apartments often face the problem of collecting monthly maintenance charges from some of its members on flimsy grounds. Given that the association is maintaining the supply of water to all the residents by pumping up water to the overhead tanks, can it cut the supply of water to those who refuse to pay the maintenance charges? The association will however allow those residents to draw water either from the well or from the sump. Since the pumping up of water to overhead tanks is being done by the association and charges towards the same are borne out of the collection of maintenance charges from members, how can the refusal to supply water through pipelines amount to a denial of basic needs?

— VS Jayaraman, Motilal Street, Chennai

The problem of some occupants in flat complexes not paying maintenance has become a common phenomenon. The Resident Welfare Associations do not enjoy much sanction powers and the Tamil Nadu Apartment Ownership Act has not bestowed them with such powers.

But you will be well within your power not to supply water from the overhead tanks to the defaulting occupants. But it will be advisable for you to amend your bylaws to reserve such powers.