Telangana High Court Advocates for Regulation of Gated Communities

Telangana High Court Advocates for Regulation of Gated Communities

The Telangana High Court has recommended that the state government enact legislation to regulate internal management within gated communities, encompassing villas and apartments. This suggestion arises from concerns over unauthorized activities in communal facilities, such as clubhouses, including gambling, alcohol consumption, and unpermitted DJ events.

Key Directives from the Court:

1.Mandatory Permissions:

•Alcohol Consumption: Serving or consuming alcohol in gated community clubhouses requires prior approval from the Excise and Prohibition Department.

•DJ and Music Events: Organizing DJ performances or similar events necessitates obtaining permission from the local police authorities.

2.Law Enforcement Advisory:

•The Special Operations Team (SOT) of Cyberabad Police is instructed to issue advisories to gated communities and resident associations.

•These advisories should align with existing laws, including the City Police Act, regulations on loudspeakers, Noise Pollution Act, and Excise and Prohibition Act, to curb illegal activities.

3.Police Action on Violations:

•The Police Commissioner is directed to ensure that local police stations, task forces, and relevant departments take prompt action when nuisances or crimes are reported within gated communities.

•Consideration should be given to developing a software application that allows residents to confidentially report offences, safeguarding the identity of informants.

4.Community Self-Regulation:

•Resident associations, such as the Indu Fortune Fields Villa Owners Association, are advised to establish sub-committees comprising senior citizens, women, or retired individuals.

•These sub-committees should monitor vulnerable areas like clubhouses and report any irregularities to the police.

•Associations are also encouraged to formulate clear guidelines for clubhouse usage, explicitly warning against misuse for illegal activities, with the possibility of stringent criminal action for violations.

Background Context:

The court’s recommendations stem from a petition filed by Ch. Hari Govinda Khoran Reddy, a resident of Indu Fortune Fields Villas in Kukatpally. Reddy highlighted the lack of police action against individuals engaging in illegal activities within the community’s clubhouse, which adversely affected access for other residents, including the elderly, women, and children.

Justice B. Vijaysen Reddy emphasized that while residents opt for gated communities seeking peace and enhanced amenities, internal disputes and unauthorized activities can disrupt harmony. Existing laws, such as the Telangana Societies Registration Act, 2001, and the Cooperative Societies Act, 1964, may not adequately address these issues, underscoring the need for specific legislation tailored to the unique dynamics of gated communities.

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Courtesy / Source by : https://x.com/sudhakarudumula/status/1874736718433394845?t=UjyrqEDEj1nM8cfQSjSoIQ&s=19