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illegal sublet& storing in basement where 2 complain

(Querist) 04 August 2009 This query is : Resolved 
Our basement premises are illegaly being utilised since long time by third party with out obtaining NOC or written consent from society and same has been used for illegal and hazardous merchandise without necessary licence and permission from local govt authorities , which is mandatory and no permission has been taken from society which is reqd as per bye laws, now which authority we should complain, as we are located in Fort/Mumbai
Kiran Kumar (Expert) 04 August 2009
u can make a complaint to the District Authorities.....some Sub-Divisonal magistrate must be there for ur area or to the Deputy commissisoner/ Collector.

since, as u said, some hazardous activities are being conducted there in that case the district administration is bound to take action.
Advocate SK Rohilla New Delhi (Expert) 04 August 2009
Dear Tipsy,
My first advice to you is that hereinafter do not (r) do not use the word since long time. (appropriate to say since 05 months)

If your basement premises is being utilised illegally than it is your duty to proceed against the wrongdoer. Please note that, you are equally liable for the consequence thereof.

SOLUTION:
Step 1: Make written complaint to President of society.Wait for a week and if no action than proceed to step 2.

Step 2: Make written complaint to SHO for keeping hazardeous article in your premises without your consent and information. if no action by SHO than file a complaint to SP. Still no action than

Step 3: Make written complaint u/s 133 CrPC to SDM or Executive Magistrate of that area and file a civil suit u/s 6 of Specific Relief Act for obtaining possession of basement premise.

Y V Vishweshwar Rao (Expert) 05 August 2009
1- The lrd friedns opinions are correct

2- You will have Security Staff in the Society - Society Presidnet & all of You have to instruct the Security Staff not to allow the said person and his goods in to the Society Basement premises - Who permitted him - how he is enterign in the the premises - with out Society Committee Permission !

J K Agrawal (Expert) 05 August 2009
simply file an injunction suit.


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