Smoking in public places will be banned in Gujarat and also made aProhibition of Smoking in Public Places Rules, 2008.
Are you staying in apartment or flat? If the balcony is come under common area or public place you can sue .File a complaint in police station .Before filing the complaint the following things are read carefully .
"smoking", means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments;
‘Public Place’ is defined as any place to which the public has access whether as of right or not and includes all places visited by general public namely auditorium, hospital building, railway waiting room, amusement centers, public offices, court buildings, educational institutions, libraries, coffee houses, canteens, banks, clubs and also open spaces surrounding hotels/restaurants etc .