Frame guidelines for gated community, Telangana HC tells state govt
Hyderabad:The Telangana High Court on Wednesday suggested the state government to enact a law along with specific guidelines for the internal management of the gated community consisting of villas or flats.
The court noted that it is the appropriate time to make a law to deal with issues such as misuse of the club house to conduct illegal activities like playing cards, consuming liquor and playing DJ without permission in the gated communities.
The court also made it clear that permission of the Excise and Prohibition department is mandatory for consuming or serving liquor in the club houses of the gated communities and the police permission is required to play the DJ in the community premises.
Justice B. Vijaysen Reddy directed the SOT Police of Cyberabad to issue necessary advisory to the gated communities or associations or flat associations in accordance with the City Police Act, Loudspeakers rules, Noise Pollution Act, Excise and Prohibition Act and other related government orders to prevent illegal activities.
The judge also directed the police commissioner to issue necessary instructions to the concerned Police Station or Task Force or TNCB to take appropriate action in gated communities, whenever incidents of nuisance or crimes are reported.
If possible, the court said a separate software application shall be provided to the concerned police stations for lodging complaints relating to offences within the gated communities and also for protecting the identity of the informant / complainant.
Justice Vijaysen Reddy was dealing with a petition filed by Ch. Hari Govinda Khoran Reddy, an advocate and resident of a villa in a gated community by name Indu Fortune Fields Villas (Orchids and Meadows) situated at Kukatpally and a member of Indu Fortune Fields Villa Owners Association, which was formed by the 376 villa residents.
As there was no police action or registering the cases against the persons, who were regularly involved in the irregularities in the club houses, the petitioner approached the High Court ventilating his grievances regarding illegal activities within the gated community.
The petitioner also accused some members of attacking for complaining against them to police and excise staff on illegal activities in the club house. He also brought to the notice of the court that the evidence of illegal activities was wiped out, by the time police reached the club house after information passed by him.
In view of illegal activities at clubhouses, the complainant said old age people, women and children lose access to the clubhouse, where the gymnasium, sports facilities and others were provided. Further, he submitted that it is impacting psychologically on the children the use of clubhouse for consuming the liquor and playing cards only.
Considering all the issues, Justice Reddy observed that people choose to live in gated communities with a fond hope that they will have peace, harmony, better amenities and facilities like gymnasium, sports, parks etc. But, with the community or association having people of various walks of life, there are bound to be difference of opinion and internal disputes like public nuisance, breach of peace and tranquility, gaming, unauthorised consumption of alcohol etc., which have criminal consequences cannot be addressed by the provisions of the Telangana Societies Registration Act 2001 and other statutes like the Cooperative Societies Act 1964, the Judge said.
As the court had come across similar petitions against the co-residents in villas/apartment complexes on disputes regarding parking, pet dogs, non-payment of maintenance charges, organising parties, playing disc jockey and sound system till late hours in the night, misuse of clubhouse, it suggested the state government to enact a law to address such issues.
The court also directed Indu Fortune Fields Villa Owners Association, forthwith to constitute a sub-committee of three members from Executive Committee members, preferably be senior citizens/women/retired employees to keep the surveillance at the vulnerable places like clubhouse, the Sub-Committee shall report to the concerned police.
The association was also directed to frame specific dos and don’ts for using the clubhouse of the gated community warning the member/resident users of stringent criminal action if the Clubhouse is misused for criminal activities and if any nuisance is caused.
