adithya surasgar
20 July 2023 at 00:21
Dear Lawyers Club India members,
I am writing to seek your expert advice and legal solutions regarding a persistent issue that has been causing significant disturbance and nuisance to the residents of HSR Layout in Bangalore, India. For over 20 years, a school with a student strength of over 100 has been operating within our residential area, leading to constant disruptions and inconvenience for the local community.
The presence of the school in this predominantly residential neighbourhood has resulted in various problems. The excessive noise from children playing and commuting, coupled with increased traffic congestion during peak hours, has significantly impacted our quality of life. Moreover, the lack of adequate parking facilities for staff and parents has added to the chaos, resulting in additional inconvenience and potential safety hazards.
Given the prolonged existence of this situation, I am eager to explore the legal options available to address this matter effectively. I kindly request your guidance on the following aspects:
Applicable laws and regulations: Could you please clarify which specific laws and regulations govern the establishment and operation of educational institutions in residential areas? Understanding the legal framework will help us assess the school's compliance with relevant guidelines.
Nuisance and disturbance claims: What legal grounds can we pursue to establish the nuisance caused by the school? Are there any specific legal provisions or precedents that support our claim? It would be helpful to understand the legal aspects that strengthen our case against the school.
Approaching the authorities: Whom should we contact or approach to register our concerns formally? Should we contact the local municipality, education department, or any other government bodies responsible for regulating schools? Any guidance on the proper channels to raise our concerns would be greatly appreciated.
Mediation and negotiation: Is it advisable to explore mediation or negotiation with the school authorities as an initial step? If so, what would be the recommended approach to initiate dialogue and seek a resolution without resorting to legal proceedings immediately?
Legal remedies and actions: In case the issue remains unresolved or the school fails to address our concerns adequately, what legal remedies and actions can we pursue? Should we seek an injunction to cease the school's operations in the residential area? Are there any legal precedents that we can refer to in such cases?
As residents deeply affected by this persistent disturbance, we are determined to find a satisfactory resolution to this matter. Your expert insights and advice will be instrumental in helping us navigate the legal landscape effectively and seek the necessary remedies to restore peace and tranquility to our residential area.
Thank you for your valuable assistance in advance. We eagerly await your guidance and recommendations on the next steps to address this long-standing school nuisance in HSR Layout, Bangalore.
Manoharan -
17 July 2023 at 09:33
We have purchased a flat in an apartment complex, in which Promoter has sold some flats to a Bank. The bank is utilizing them as quarters for their staff. One of the bank staff residing there is selected by a few residents as President of Flat Owners Association, who has to go on transfer anywhere. Only one fourth of the flat owners are residing and other flats are on rent. The owners there are telling that there is nobody else is willing to become President. As a President he has got cheque signing powers for the Flat Owners Fund. Is it permissible to elect a non owner as President of Flat Owner Association?
Anonymous
16 July 2023 at 01:36
Respected Sir / Madam,
Kindly guide, whether notice to the service provider (A Public Authority having custody of Public Documents) a PREREQUISITE to approach Consumer Forum in case the Authority has willingly not provided the Public Documents of a certain period to me after myself submitting an Application U/s 76 r/w section 74 of the Indian Evidence Act with tentative fees of Rs. 500/- vide IPO ?
Anonymous
14 July 2023 at 14:37
does builders ask for irrevocable power of attorney of redevelopment of housing society ?
if yes is it safe to give power of attorney to the builder ?
what if he do not redevelop, after demolition of the buildings ?
as per maharashtra govt. redevelopment document it says, builder should give bank guarantee equivalant to 20% of the construction cost, which is only fraction of the total peroperty cost but they are forcing to accept the builder.
what to do now ? becasue i read that in 10000s of cases builder have not completed redvelopment for upto 20 yrs or more . also not giving the rent .
Ashok Jain
12 July 2023 at 10:25
Hello. Greetings!.
Respected Sir/madam.
I have 2parking in my society (legally mentioned in agreement) and have only 1 car.
Can I allow my guest who comes to meet me to park his car in my vaccant parking
Managing comitee is harassing and threatning to impose 5x penalty of my maintenenece.
Please help.
Thank you
s.t,g.v.sriram
09 July 2023 at 20:39
I am having 3 inherited vacant house sites in NTR district,a.p state.These vacant sites encroached and occupied by my paternal relatives.Later,I filed O.S in Junior civil judge court for permanent injunction.While the O.S under written statement stage the defendants of the O.S compromised with me through National Lok Adalat and as per settlement I left my one of the house site out of 3 to them and the remaining 2 house sites left for me by the defendants.
Now,after passing the AWARD the defendants again encroached my award passed 2 sites .
Kindly give legal advise as to take further action against them.
Anonymous
08 July 2023 at 13:54
As a law fresher who is just getting started, what are the recommended law journals/ research papers/ blogs which provide good comprehensive research and analysis about various legal issues one must read to keep oneself apprised, updated and develop good analytical mind?
Thank you.
kanwal
07 July 2023 at 22:31
CAN WE GET INSURANCE POLICY FOR THE NEW VEHICLE BOOKED MERELY ON TOKEN AMOUNT FOR WHICH DELIVERY IS TAKEN AFTER TWO MONTHS
Anonymous
06 July 2023 at 22:53
Consumer complaint was filed in the year 2018.Thereafter no followup was made by either parties.But the case.was.in currency.The complainant in the meantime got the claim fully settled. Now the commission has passed orders awarding claim and penalty.The order is ex-party. What is the procedure to rescine or nullify the order?
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