William 21 June 2020

Commercial business in a residential building

Adjacent to my building a new person has purchased residential flat from the previous owner who used to use it to stay with family. This new owner has converted the flat into an aquaguard service station cum stock room..everyday about 15 to 20 workmen come and go too and fro from the service center with spare machine parts to various customers homes for services of the aquaguards..they park their motorcycle and bycycles..the owner parks his huge care inside the tinybnarrow lane also his goods trucks come frequently to load and unload the spare machine parts to the said office of his..he says that he has taken permission from the previous owner and the necessary permission from the municipality and police to operate his commercial business in the said residential flat...there is lots of disturbances...some times angry customers come and fight with him for the bad service..the lane is so narrow yet he parks his huge car and about 10 to 15 cycles and also his trucks come to deliever the spare parts..all his workmen are spitting paan masala inside the residential area.. Please kindly help with some advice as to what can be done to stop this commercial activity which is causing nuisance

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6 Replies

Arpit Tumbaria (Advocate at Uttarakhand High Court.) 21 June 2020

as now he is the owner so he can use as he wants but u can file a complaint to the local police station with the majority of other neighbours that u and your neighbourhood persons are getting disturbed due to all this so as u can take such steps towards this and if no action would be taken u can also move court for the complaint.

dont forget to mention all problems which ur facing while making complaint.

SHIRISH PAWAR, 7738990900 (Advocate) 21 June 2020

Hello,

You can complaint to your society about all the nuisance caused by him and his employees inside the society premises.

P. Venu (Advocate) 21 June 2020

You can take up the matter with the Society management and/or the municipal authorities.

The police has no jurisdiction in the matter.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 21 June 2020

1. A Recent SC judgement has banned "Commercial Business Activity" in a residential only complex.

2. For your purposes you may file a WP in your state HC, and seek permanent restraining orders, against the Co., the Police, the Municipal & Collector, from allowing or conducting any commercial activities in your residential buildings.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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Siddharth Srivastava (Advocate) 23 June 2020

Commercial activities cannot be carried in residential areas. Permission from previous owner has no value. You can complaint to Corporation and also police for nuisance and illegal commercial activities carried by errant owner. You can also file suit for injunction against erring owner.