Pre school activity in residential zone

Kunal (Querist) 05 June 2012 This query is : Resolved
I have a preschool in a residential zone. When i started the preschool the society bye-laws allowed to carry on such activity. however, recently they have passed on the resolution stating all commercial activity should be closed down. They have filed a case against us in co-operative society, whereas there are numerable number of commercial similar activities going on. Please advise wthere the DC regulation allows such activity and whether society bye-laws can restrict such activity even if same is permissible in DC regulations.

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Guest (Expert) 05 June 2012
Every society has its own byelaws. Just go through the byelaws of your own society. Your gievance can stand only if your own society has allowed commercial activities to others, but objecting only to your pre-school activity. Your society cannot be compelled to do what others are doing.

At the most you can get a resolution passed by majority in the AGM for allowing the pre-school activity.

ajay sethi (Expert) 05 June 2012
are you staying in said premises . if so you cna carry on running your pre school . if you are not staying in said premises you have to close down as all other commercial establishments have been directed to be closed down

Sankaranarayanan (Expert) 05 June 2012
first you give petition to the President of society stating your other allegation regarding commercial. wait for the answer .the proceed further. but as for as the objection on your part is concerned you have to stop because most of the members are accepted the objection on your activities

Adv. Chandrasekhar (Expert) 05 June 2012
What is DC regulation? If DC regulation is a regulation made by a statutory authority, it has got over-riding efffect of the resolutions of society. Secondly society bye-laws can have prospective effect and not retrospective effect. thirdly pre-school activity supposed to be done only in residential areas and not in commercial areas. This is in addition to what Mr. Sankar Narayanan says.

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