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Anil Maadam   11 November 2023

Smoking in the balcony illegal in a society

Hello, 

I am the resident owner in one of the prominent society in Bangalore. I had couple of queries and request the expert understanding as per the Indian law.

1. Is smoking in the balcony attached to the living room illegal ? It's on 10th floor btw 

2. If it's illegal in the balcony, should the society have dedicated smoking zone within the campus? 

Thanks for assistance. 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     11 November 2023

 an apartment or any part of it (including the balcony) constitutes private property.

Hence, smoking in one's own balcony cannot be objected.

Whether or not you can smoke on your apartment balcony depends on the laws and regulations in your specific location.

In general, smoking on a private balcony is not considered a public place, but some apartment complexes may have rules against smoking on balconies or other outdoor areas.

Additionally, your neighbors may have the right to complain about passive smoking  if it is affecting their health.

It's always a good idea to be considerate of your neighbors and try to find a compromise that works for everyone.

Dr. J C Vashista (Advocate )     12 November 2023

Well advised by expert Mr. T Kalaiselvan.

Smoking cannot be restricted in a resident's balcony of his / her own flat.  If so, raise your objection with management.

Laxmi Kant Joshi (Advocate )     12 November 2023

Resident balcony is not a public place therefore it's not come under any offence and hence smoking can't restricted in one's private balcony.

Anil Maadam   12 November 2023

Thanks all. Appreciate your responses. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 November 2023

A balcony is private premises belonging to the flat owner. Hence the flat owner can smoke there. But if the archetecture of the building is such that smoking in the balcony affects outsiders, then there can be objection. From the statement it appears that the Society has no objection for smoking in any other part of the flat. So I suspect that they may be a reason for banning smoking in the balcony. An opinion can be given only after hearing the Society also.

P. Venu (Advocate)     17 November 2023

What is the context for this query?


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