Noc for trading in residential premises
mukund
(Querist) 03 August 2013
This query is : Resolved
today i received letter from MHADA estate manager asking me to give NOC to the unauthorized occupant for regularization of tenement
who carrys trade from residential tenement.
against whom i have made several complaints. MHADA IS ignoring my complaints.
this is also in contravention to estate management rules 1981.
i have asked MHADA to ask that occupanat to discontinue his trading activity give undertaking in writing that he will use the said premises for residential purpose only.
what else should i write?.
can MHADA regularize the said tenement without society's NOC?
occupant has not approached society.
estate manager taking keen interest in this particular case.
ajay sethi
(Expert) 03 August 2013
refuse to give NOC .you cant be forced to give Noc .
Rajendra K Goyal
(Expert) 03 August 2013
Don't give NOC. Issue legal notice to stop unauthorized activity in the residential premises. File case for eviction and stay from court for restraining unauthorized activities from immediate effect till final decision of the court and afterwords.
mukund
(Querist) 03 August 2013
thank you both of you for your advice.
R.K Nanda
(Expert) 03 August 2013
no need to give NOC.
V R SHROFF
(Expert) 03 August 2013
Estate Mgr, once made party in court, will be exposed. Cannot change the purpose for what the member occupy unit in co-op soc, not mhada can allow commercial activity in residential complex. So go to court. Prove he chg purpose , allowing outsiders to enter mhada property as customer/ hv safety hazard, so NOC cannot be given.
mukund
(Querist) 04 August 2013
in which court should i file suit?
high court
city civil court
metropolitan court
prabhakar singh
(Expert) 04 August 2013
A writ against MADHA
and an EVICTION case against the tenant is the need.
Get in personal touch of a lawyer.
ajay sethi
(Expert) 04 August 2013
eviction suit against licensee should be filed in small cause suit
Raj Kumar Makkad
(Expert) 05 August 2013
Yes. Only eviction petition is liable to be filed.
