Telangana High Court Advocates for Regulation of Gated Communities
The Telangana High Court has urged the state government to introduce specific legislation to regulate the internal management of gated communities, including villas and apartments. This recommendation arises from growing concerns over unauthorized and illegal activities occurring in communal facilities, such as clubhouses, which have disrupted the peace and security of these residential enclaves.
The court highlighted the need for stricter permissions for certain activities. It mandated that serving or consuming alcohol in community clubhouses requires prior approval from the Excise and Prohibition Department while organizing DJ events or similar gatherings must be authorized by the local police. Law enforcement agencies, including the Cyberabad Police’s Special Operations Team (SOT), were directed to issue advisories to gated communities and resident associations. These advisories must align with existing laws, such as the City Police Act, the Noise Pollution Act, and the Excise and Prohibition Act, to curb illegal activities effectively.
The Police Commissioner has been instructed to ensure that local police stations, task forces, and relevant departments respond promptly to complaints from gated communities. The court also suggested developing a software application to allow residents to report offenses confidentially, safeguarding the identity of informants.
The High Court further encouraged resident associations, such as the Indu Fortune Fields Villa Owners Association, to take proactive steps in self-regulation. It recommended forming sub-committees comprising senior citizens, women, or retired individuals to monitor communal areas like clubhouses and report irregularities to the police. Associations were also advised to establish clear guidelines for clubhouse use, with explicit warnings against misuse for illegal activities, accompanied by strict penalties for violations.
The court's recommendations followed a petition filed by C.H. Harigovind Khoranareddy, a resident of Indu Fortune Fields Villas in Kukatpally Housing Board (KPHB), Hyderabad. The petitioner alleged a rise in illegal activities within the community, including gambling, alcohol consumption, drug use, and sexual misconduct. He accused the police of failing to act on complaints and claimed that advance warnings from community security staff often allowed evidence to be destroyed before raids.
Justice B. Vijaysen Reddy noted that residents choose gated communities for their peaceful environment and enhanced amenities, but internal disputes and unauthorized activities can significantly disrupt this harmony. The court observed that existing laws, such as the Telangana Societies Registration Act, 2001, and the Cooperative Societies Act, 1964, may not adequately address the unique challenges faced by gated communities, thereby necessitating specialized legislation.