Hyderabad: Amid rising anti-social activities in gated communities, the Telangana High Court highlighted the need for stricter regulation and better management. Justice B Vijaysen Reddy, addressing a petition regarding illegal activities in Indu Fortune Fields Villas, instructed the City Police Commissioner to issue comprehensive guidelines for gated communities and Flat Owners' Associations.
The Telangana High Court has called for stricter regulation in gated communities, particularly focusing on the consumption of alcohol and the use of loudspeakers in Community Club Houses. Justice B Vijaysen Reddy, addressing a petition concerning illegal activities in Indu Fortune Fields Villas, directed that permission from the Excise and Prohibition Department is mandatory for serving or consuming liquor in gated community Club Houses. Additionally, police authorisation is required for playing DJ music within the premises.
In response to these concerns, the court instructed the SOT Police of Cyberabad to issue a comprehensive advisory to all gated communities, associations and flat owners’ bodies, urging compliance with laws, including the City Police Act, Loudspeakers Rules, Noise Pollution Act, and Excise and Prohibition Act. These guidelines are designed to curb illegal activities and ensure orderly management within the communities.
The petition was filed by Ch Hari Govinda Khoran Reddy, an advocate and resident of Indu Fortune Fields Villas in Kukatpally. Reddy, a member of the villa owners' association, approached the High Court after repeatedly facing inaction from the police regarding illegal activities at the community’s Club House. These activities included unauthorised gambling, liquor consumption, and noise violations, yet the individuals responsible were not held accountable.
Reddy also reported that he had been physically attacked by some community members for reporting these issues to the police and excise officials. Moreover, he claimed that by the time police arrived at the Club House, evidence of the illegal activities was often destroyed. The petitioner highlighted the negative impact of these issues on the residents, particularly elderly people, women, and children, who were being denied access to the Club House’s legitimate facilities, such as the gym and sports areas, due to the ongoing misuse.
Key Orders and Suggestions; Police Authority under the City Police Act
The court clarified that the police have the authority to take action against anti-social activities in gated communities under Section 22 of the City Police Act. The Police Commissioner was instructed to prepare guidelines on permissible and impermissible activities in these communities.
Guidelines for associations
Associations must ensure adherence to legal provisions and government orders. They should provide clear instructions to residents on the dos and don'ts regarding community management and public space usage.
Role of Police
Relevant police stations and Task Forces are directed to respond promptly to complaints from gated communities. The court suggested creating a complaint app for gated communities to ensure complainant confidentiality.
Formation of sub-committees
Associations are required to form a three-member subcommittee, comprising non-executive committee members, to monitor common areas like Club Houses. These sub-committees must report any illegal activities to the executive committee and, if necessary, lodge complaints with the police.
Complaints in Gated Communities
The court noted frequent complaints about public nuisance, illegal gambling, unauthorised alcohol consumption, and other criminal activities. It also addressed common grievances such as disputes over parking, pet management, and Club House misuse, emphasising that these issues often escalate due to the lack of effective internal management.
Call for Comprehensive Legislation
The High Court observed that gated communities currently operate under the Telangana Apartment Act, which lacks provisions to address internal conflicts and illegal activities. The court called on the government to draft specific guidelines for the management of gated communities to ensure peaceful coexistence and efficient handling of disputes.
Impact on Gated Community Lifestyle
With these new orders, gated communities--often chosen for their safety and amenities--are expected to see improved regulation. These measures aim to protect residents from anti-social activities while ensuring that associations maintain fair governance practices.
The High Court’s directives mark a significant step toward better governance in gated communities, addressing the challenges posed by their growing popularity and complexity. The focus remains on fostering a secure and harmonious living environment for all residents.
