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Girish Puranik (Deputy Manager - Finance & Accounts)     19 October 2011

Coaching classes


I do have separate house and opposite to my house there is one residential complex. In the same complex, on 2nd floor, coaching class / tution class activity is going on. It has got around 75-100 odd students in single batch. The building has got his own parking but the students of tution classes are not parking their cycles in the building parking area and not parking around the building. They park their cycles on road side close to my wall.

Many a times, the cycles are parked just opposite to my entry. It creates lots of nuicence and I do not left with any space of parking for my guests and visitors.

I want to know, coaching class activities are permissible in residential area and that too in a situation where the classes do not have their own parking arrangement.

Please advice. What can I do in this case.



Girish Puranik


 10 Replies

ajay sethi (lawyer)     19 October 2011

yes coaching classes  can be ru n on residential premises . do some home work . find out whether it is exclusively used for coaching classes or not . whether permission taken from society?

Kanaksinh P.Boda (Educationist/Lawyer)     19 October 2011

Society has no power to permit for activities other than residential  purpose, being a "housing" society, and if it is given, it is illegal. You may file a case against the said Coaching Classe/Society for this nuisance.

Girish Puranik (Deputy Manager - Finance & Accounts)     19 October 2011

Hi Ajay,

It is a building in core city area and in the heart of baroda city. It do not have socity sort of a thing. The building has got 15 odd blocks. Out of which 2 blocks he owns and runs the tutuion classes and having 100 off students in one batch.

As mentioned, I am not a resident of this building. I do have saperate single big house just opposite to this building.

My question is for parking which he does close to my wall but on corporation road. If he does the parking in the building parking area or close to his building. I do not have any issue. Infact, that is what I want.


But, he parks the vehicales in large volume (around 25-30 odd cycles) close to my wall and very close to my enterence. Many a times, the parkind is so conjusted that I won't be able to open my grill.


Has he got any such right to park the vehicles on corporation road and close to any personal property. Can I raise my voice against such parking which causes nuicence to me. I wanted to know that.

Need your advice on priority as my family members are suffering a lot because of this.

Girish Puranik (Deputy Manager - Finance & Accounts)     19 October 2011

Dear Mr. Kanak,

I think, It's just a residential complex. Probably, they have not formed any society. Evenif, the housing society is formed, it might be just for the purpose of construction of building and selling it to the occupant. There is no secretary, president etc....

My problem is for parking. I am no way concer, whether they have formed a society or not.

Frequently, I had requested him not to park the vehicales close to my wall and requested him to park the cycles in the parking area of the building or close to his building. But, his agrument is that it is a corporation road and hence I can park the cycles.

Can he do such things?

kumar t v s (advocate)     19 October 2011

Just issue a notice stating the problem and the nuisance that it is causing you.


If you can explain the special circumstances regarding the nuisance that is caused, 

you will have a good case to contest and get rid of the nuisance.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     20 October 2011

Dear Girish

you can file an application u/s 133 Crpc

133. Conditional order for removal of nuisance.


(1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider --


(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public: or


(b) That the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed or the keeping thereof regulated; or


(c) That the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or


(d) That any building tent or structure, or any tree is in such a condition that it is likely to fill and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary: or


(e) That any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public: or


(f) That any dangerous animal should be destroyed, confined or otherwise disposed of,


Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, talk well or excavation, or owning or possessing such animal or tree, within time to be fixed in the order-


(i) To remove such obstruction or nuisance; or


(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or


(iii) To prevent or stop the construction of such building, or to alter the disposal of such substance; or


(iv) To remove, repair or support such building, tent or structure, or to remove or support such trees; or


(v) To fence such tank, well or excavation; or


(vi) To destroy, confine or dispose of such dangerous animal in the manner provided in the said order;


or, if he objects so to do, to appear before himself or some other Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.


(2) No order duly made by a Magistrate under this section shall be called in question in any civil court.


Explanation. A "public place" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

ajay sethi (lawyer)     20 October 2011

since your problem is basically of parking then you make application to magistarte under section 133 cr PC

Girish Puranik (Deputy Manager - Finance & Accounts)     20 October 2011

Hi Ajay & other advisors,


He is using the flat exclusively for coaching classes. He stays somewhere else. In this residential flats, he only carry the tution classes where he do have banches, black board and carrying out the activity like schools.


As I mentioned, I do not stay in this building. My house is just opposite to this building. Since, the building do not have enough parking place for the students cycle, his students parks their cycle close to my boundry wall.


My question is... 1)Can he run such tution classes (exclusive) in residential premises.. 2) Can I file a police complain against such paarking and nuisance. 2) Can police force him not to park the cycles close to my wall.

kumar t v s (advocate)     20 October 2011

Can I file a police complain against such paarking and nuisance.


If you can explain the special circumstances regarding the nuisance and trouble that is caused, YOU CAN MAKE A COMPLAINT TO POLICE as well as complaint to the local magistrate to remove the nuisance.

Your question has been adequately answered by the experts.

Satish .J.Agarwal (Advocate &Legal Advisor)     13 June 2012

You must file the complaint to the municipal corporation for 'change of useer' ,the local authority  will initiate the prosection against such errant owner / occupier.File your complaint immediately for using the residential premises for  commercial purposes.

I have handeled one case like yours in Mumbai and succeded .

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