Surendharan S (Pvt) 06 February 2024

Drinking in terrace of apartment/gated communities

Is drinking in Apartment/Gated Community Terrace area considered as "Drinking in public space"?

I have checked many reputed gated communities bylaws and there is no mention on alcohol consumption in any of the bylaws/model bylaws. Hence I would like to know how can we proceed if few residents are constantly drinking in terrace and spoiling the area. Currently they are not causing any other nuisance except spoiling the area with bottles, spillage and throwing up.

Any help/guidance in this matter is appreciated.

Reply Follow

2 Replies

Dr. J C Vashista (Advocate ) 07 February 2024

Yes drinking in apartment / terrace of the gated community forms part of nuisance in public place and laible to be prosecuted u/s 268 IPC as
The term ‘nuisance’ refers to causing unlawful inconvenience in the peace of another person. It is interference in the life or property of someone else.
It differs from trespass as trespass is physical interference into another’s life or property.
‘Nuisance’ can be inflicted upon a private person’s property such an act falls under private nuisance.
Public nuisance impacts the public at large.

T. Kalaiselvan, Advocate (Advocate) 08 February 2024

It may not be illegal.

But it's possible that it may be against the rules and regulations of that apartment association or society.

If it a private place no issues but, if it is a public place then the members may be advised to refrain from committing any nuisance, if they don't listen then the assocaition can complain and the police have so much work in hand that they don’t care.

The police are interested in bigger cases and normally do not want to get entangled in minor issues, that they do not want to get engaged in.

But drinking is still a stigma within a society complex without the concurrence of other members of the society