Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAHUL GUPTA (MANAGER)     29 May 2014

Bank operating in a residential locality

A branch of a Nationalized Bank Operates in a residential building in my intimate neighborhood . During Peak Business Hours the visitors park their vehicles in a haphazard manner obstructing my passage into my house . Also the visitors litter empty Gutkha, Cigarate Packets, Pan Masala Sachets around my house .  The haphazard parking  obstructs movement on the road the bank is situated. I have intimated this several times to the Branch Manager but all efforts have failed . Can i seek an injunction for removal of the Bank and also retraining the building owner for not using his building it for any other purpose than residential.  Supreme Court has also in a Landmark Decision on 05-Dec-2011 ordered closure of all Banks operating in Residential Sector-19 in Noida . Please advise path forward .



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     29 May 2014

perhaps you already know the rule position laid down by Apex  Court.

Adv k . mahesh (advocate)     30 May 2014

issue a legal notice to the owner of the building 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 June 2014

Many things depend on which State and which city you are in.

Was the place where the bank is now situated a residence previously? Converting a residence into a bank or any other is called change of user. Under most municipalities change of user from residential to commercial will require approval of the Municipality. They will increase the tax for commercial use. If yours is a land-lord owned building, the land-lord will profit considerably by leasing the premises to a bank instead of for residential purpose.

If you claim that the building or the locality is residential, it may be contested. Banks will have extensive resources and they can go to any court up to the Supreme Court.

At first you find out from the Municipality whether the Bank has applied for and obtained necessary licence and clearances and whether the land-lord has given his approval also for the grant of a licence through RTI.

Are not others in the building/locality  aggrieved of this? If so take them also with you. Unity is strength.

If you go to court you must have enough evidence to prove that yours is a purely residential locality.

RAHUL GUPTA (MANAGER)     05 June 2014

The premises under dispute is located in Jaipur. How Favourable / Unfavouraable are my chances of winning a suit against the Landlord and the Bank  . 

 

 

 

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]

 

 

Many things depend on which State and which city you are in.

Was the place where the bank is now situated a residence previously? Converting a residence into a bank or any other is called change of user. Under most municipalities change of user from residential to commercial will require approval of the Municipality. They will increase the tax for commercial use. If yours is a land-lord owned building, the land-lord will profit considerably by leasing the premises to a bank instead of for residential purpose.

If you claim that the building or the locality is residential, it may be contested. Banks will have extensive resources and they can go to any court up to the Supreme Court.

At first you find out from the Municipality whether the Bank has applied for and obtained necessary licence and clearances and whether the land-lord has given his approval also for the grant of a licence through RTI.

Are not others in the building/locality  aggrieved of this? If so take them also with you. Unity is strength.

If you go to court you must have enough evidence to prove that yours is a purely residential locality.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 June 2014

You go to the office of Jaipur Municipality or Municipal Corporation and find out whether they have an equivalent of Shops and Establishment Act, 1948 of Mumbai. I am sure that they will have and also they will have a Department for that. If you do not succeed you browse the website of Jaipur Municipal Corporation and guess which department will be concerned with the matter. Make an RTI application addressed to that department. Under RTI Act itself there is provision that if your application was not addressed to the correct department, they should forward it to the appropriate department under intimation to you. You can know which department of the Municipality deals with it from any shop in your locality or not far away from it also.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register