High Court Demands Guidelines for Law Enforcement in Gated Communities

Amid the growing trend of gated community living, the Telangana High Court has directed Hyderabad Police Commissioner to issue comprehensive guidelines and advisories to gated communities and flat owners’ associations. The court emphasized the need to include relevant legal provisions and government orders for maintaining law and order in such communities.

A petition was filed by resident C.H. Harigovind Khoranareddy, alleging increased illegal activities, including gambling, alcohol, drug use, and sexual misconduct, in the Indu Fortune Fields Villas in KPHB, Hyderabad. The petitioner accused the police of failing to act despite complaints and alleged that advance warnings from community security staff allowed evidence to be destroyed. However, subsequent police action at the Indu Club led to the detention of 15 individuals.

Justice B. Vijayasen Reddy noted the seriousness of the situation and stated that claims of no illegal activities within the community were not credible. Observing the broader concerns about gated communities, the court issued directives to address such issues citywide.

Challenges in Enforcement

The court acknowledged the difficulties for associations in managing day-to-day activities in large communities like Indu Fortune Fields, which has 376 villas. It directed the formulation of actionable rules and guidelines for gated community associations. Additionally, it ordered the formation of a three-member sub-committee comprising non-executive committee members of the community association to oversee such matters.

The court also highlighted the necessity of obtaining permission from the Excise and Prohibition Department for alcohol consumption and supply in community clubhouses. It emphasized adherence to laws related to loudspeaker use, noise pollution, and the Prohibition Act. The SVOT (Special Victims Operations Team) Police were instructed to ensure that all necessary advisories are issued to relevant associations and residents.

Purpose of Gated Communities

The High Court reiterated that gated communities are chosen for their promise of better facilities, security, and a peaceful living environment. However, internal disputes and unchecked illegal activities have diminished their appeal. It stressed the need for strict adherence to the Telangana Apartment Act to address these concerns.

Influence of Powerful Residents

The court noted that many residents in gated communities belong to affluent and influential backgrounds, making it challenging for officials and law enforcement to act impartially. Highlighting the need for fair governance within such communities, the court called for specific government guidelines to regulate internal administration and ensure transparency.