Telangana High Court Directs Cyberabad Police To Issue Advisory To Gated Communities, Flat Associations For Preventing Illegal Activities

The Telangana High Court has directed the Special Operations Team, Cyberabad Police Commissionerate to issue necessary advisory to be followed by gated communities and flat associations in line with government orders and relevant law, in order to prevent illegal activities, nuisance and for reporting any crimes.

Justice B Vijaysen Reddy in his December 31 order passed a slew of directions while hearing a writ petition filed by a lawyer–who is a resident of Indu fortune Villa (Gated community) with a prayer to direct the concerned police officials to act on his complaint and stop alleged illegal activities taking place in the Clubhouse of the Gated Community.

In its slew of directions the court asked Respondent No. 5–The Special Operations Team SOT Cyberabad Police Commissionerate to ask these communities to follow the law on the issue. 

Disposing of the plea the court said, "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 offences within the gated communities/associations/flat associations and also for protecting the identity of the informant / complainant". 

After hearing the matter the court also observed that while the Hyderabad City Police Act deals with 'public nuisance' there is no statue in place that deals with nuisance in gated communities.

Further, that although the Telangana Apartments Act, 1987 deals with memberships and by-laws of gated communities; often illegal activities go unreported due to internal disputes or intimidation.

"The provisions of the Hyderabad City Police Act, 1348 F, (for short 'City Police Act') regulate public nuisance and safety. The counsel for the petitioner and respondents have not brought to the notice of this Court any statute specifically dealing with the activities of "gated community". 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 frame 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," it said. 

In the instant case the court thereafter directed respondent No.9 - Indu Fortune Fields Villa Owners Association shall forthwith constitute a Sub-Committee of three members from out of Executive Committee members. It said that such members, can be preferably be senior citizens/women/retired employee residents, who can spare more time in the gated community and keep the surveillance at the vulnerable places like Clubhouse.

It further said that the association shall provide a platform/application ('app'), so that, its members can send their complaints/messages. It said that this platform/application should have separate group to which only the sub-committee members have the access and the complaints/messages need to be sent to that group.

"The sub-committee members shall ensure that identity of the complainant is not disclosed. Any such complaints shall be acted immediately and reported to Executive Committee. If any illegal acts are noticed, the Sub-Committee shall report to the concerned Police. The respondent No.9 shall 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," the court ordered. 

Calling the petitioner  a 'lone fighter' who would naturally find it difficult to face the mighty/majority members, the court noted that 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, 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.

It also noted that likelihood of situations where due to internal differences and fear of disrepute illegal activities are not reported and often ignored, which can be because many of the "residents belong to rich class having influence with the authorities, particularly Police". 

The court also remarked on coming across various petitions  seeking criminal action against the co-residents in villas/apartment complexes, including 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. 

It however said that the Police Commissioner and other Police officials have powers under the provisions of the City Police Act including the power to pass special orders  for regulating processions, maintain order in the streets, public places, regulate music or singing in any street or public place. 

Case title: Ch Hari Govinda Khorana Reddy vs. State of Telangana and Others

Counsel for petitioner: K Murlidhar Reddy.

Counsel for respondents: GP for Home, SVS Chowdhary, M/s Resu Law Office.

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