A school in residential premises

Querist : Anonymous (Querist) 18 August 2011 This query is : Resolved
In our CHS a full fledged school is run by a pvt. trust for over seven years and all their classes are housed in residential flats purchased in the name of the relatives of the owner of the school and the number of such flats has grown from two to ten over this period. As the all the members were complaining about this growing nuisance, AGM took up the issue with the owner of the school, who is also a member. He aregued that he has got permission from the Builder prior to formation of CHS and the adhoc committee has also given permission. However, he has not produced such proof nor does the soceity has any thing on the record. The question is (1) Is the then MC right in its decision for such a permission, if at all it exhists? (2) Wehter the Builder has power to give such a blanket permission ? (3) is it binding on the present MC to honour and allow school and its further extension ? What is the remedy available to the CHS to get rid of this nuisance?

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Raj Kumar Makkad (Expert) 18 August 2011
1. No such permission is legal, even if it is given earlier.

2. No. He cannot give such permission in the residential locality for running a school and even if given, subsequent society is not bound by any illegal permission.

3. Serve a legal notice to school office bearers and then file a civil suit for closing up of such commercial and nuisance activity from your soceity premises.

prabhakar singh (Expert) 18 August 2011
i agree with Mr.Makkad.
4)Normally schools are run under permission and sanction of state govt.authorities such as INSPECTOR OF SCHOOLS ,D.I.O.S. etc.so check if the school being run under their permission,if not it would amount to offence and complaint over there may shut it,and if permission granted then there should be a map of building as per requirement provided by state government.A detail map is sanctioned by them showing size of the class rooms so many things.

Devajyoti Barman (Expert) 18 August 2011
1. The schools needs the permission to rum such school of the civic body not the MC. So the MC has no authority to give such permission.
2.Again no.
3.No

Lodge a complaint to the local Municipality to stop the functioning of the school. If they falter you can gor for Writ.
Alternatively you could file civil suit for injunction as well which may not yield expeditious outcome.