Andhra Pradesh HC Issues Direction To Prevent Illegal Activities And Nuisance, Reporting Of Crimes In Gated Communities
|The Andhra Pradesh High Court has issued direction to Cyberabad Police to issue necessary advisory (dos and don'ts) to the gated communities/ associations/ flat associations in in accordance with relevant statute / rules or other government orders to prevent illegal activities, nuisance and for reporting any crimes.
The Court was considering a Writ-Petition seeking declaration of the action of the Respondents in not considering the complaints of the Petitioner such as Telephonic complaint including the Whats App messages /complaint as arbitrary and unreasonable.
The single-bench of Justice B. Vijaysen Reddy observed, "Respondent No.5 shall issue necessary advisory (dos and don'ts) to the gated communities/associations/flat associations in accordance with the statute / rules referred to in paragraph No.25 and other related Government orders to prevent illegal activities, nuisance etc and also for reporting any crimes. Respondent No.5 shall also issue necessary instructions to the concerned Police Station/Task Force/TNCB to take appropriate action in gated communities / associations / flat associations whenever incidents of nuisance or crimes are reported. If possible, separate software application shall be provided to the concerned Police Stations for lodging complaints relating to offenses within the gated communities/associations/fl at associations and also for protecting the identity of the informant / complainant."
The Petitioner had sought the declaration of the Respondents as arbitrary, unreasonable and contrary to the provisions of Sections 3 and 4 of the Telangana Gaming Act.,1974., Rule 4 as 7 of Telangana Excise Rules 2005 and Act,1968,Under the provisions of Narcotic Drugs and Psychotropic Substance Act., 1985 and under the provisions of the Immoral Traffic( Prevention ) Act.,1956., and the Rules made thereunder, and consequently direct the Respondents to consider various complaints of the petitioner to investigate and take suitable action as per the provisions of various acts.
The Court at the outset noted that it will be difficult for it to supervise the activities of the Clubhouse and issue frequent directions to the Police unless any instance of illegal activity is brought to the notice of the Court by the Police. To this, the Counsel for the Petitioner submitted that necessary directions/instructions be issued to respondent-Association to ensure that there is peace and tranquillity in the Clubhouse and gated community keeping in view the residents who are senior citizens, women, teenagers and minors.
"It may be noted that unlike regular residential colonies which are in open layouts, a gated community has restricted entry for others/outsiders except guests. These communities offer round the clock surveillance, manned entry gates and trained security services. They have advantages like privacy, safety, eco-friendly environment, amenities for children and pedestrians, standard lifestyle etc. The outsiders are not permitted to enter gated communities without permission. The same is not the situation in open and other residential colonies. The petitioner who is a practising lawyer and resident of gated community has approached this Court ventilating his grievances regarding illegal activities within the gated community and particularly the Clubhouse," the Court stated.
The Court remarked that it is a desire of a person who owns a house in the gated community to have a peaceful, decent and dignified life and people who choose to live in gated community with a fond hope that they will have peace, harmony, better amenities and facilities like gymnasium, sports, parks etc.
"With the ever growing trend of people aspiring to have better lifestyles and the pace of growth of the gated communities including the villas and flats, it is appropriate time for the State to frarne specific guidelines and instructions for their internal management. Though all the communities/flat associations are governed by the provisions of the Telangana Apartments (Promotion of Construction and Ownership) Act, 1987 and the sale deeds mandatorily contains clauses relating to compulsory membership of the association and adherence to the Byelaws, there is likelihood of situations where due to internal differences and fear of disrepute illegal activities are not reported and often ignored. This can be because many of the residents belong to rich <:lass having influence with the authorities, particularly Police. A lone fighter like the petitioner would naturally find it difficult to face the mighty/majority members. Further, in a 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 tranquillity, gaming, unauthorized 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 tlte Cooperative Societies Act 1964," the Court observed.
It mentioned that it has come across several writ petitions filed seeking criminal action against the co-residents in villas/apartment complexes. It added that there are disputes regarding parking, pet dogs, non-payment of' maintenance charges, organizing parties, playing disc jockey ('DJ') and sound system till late hours in the night, misuse of Clubhouse etc. and it is not an easy task for the Association to control the day-to-day activities of the residents and curb unwanted activities in the Clubhouse.
In this background, the Court issued relevant directions.
The Petition was accordingly disposed off.
Cause Title: Ch. Hari Govinda Khorana Reddy vs. The State of Telangana
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