Hi all,
Could experts here guide me on the following matter?
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A person is runnning a shop close to front boundary wall of our house on a govt. land. It covers almsot 50% of our front side area.
Only main gate passage, and some extra space was left to us by this individual.
Most of the time different kind of people gather near the shops, and makes lots of noise. The shop owner regularly dumps his garbages inside our compound, since his shop is next to our compound wall. We have been facing this problem regularly for last 7-8 yeare. Many times we have personally requested him not to do so. But thats of no help. We have approached police and Municipality many number of times to order him to vacate the place and shift to other place , it never happened.
The shop owner keeps on saying to every one that he has a valid municipality license.
Through RTI to Municipality, to our surprise we got to know that actually he has been given a municipality license. In fact he managed to get water and electiricty connection to his shop, claiming that he is doing business legally.
Is it possible that municipality can Issue license to run a shop on the front of some one's house, right next to the front boundary wall?
From RTI, we also got to know that he has been issued a license since 1989, and the plot no. on which he was issued license is "abcd".
Interestingly the plot "abcd" on which he was issued license is a huge govt land, it is of of size 30 acres. and there are few residential plots like ours facing that govt. land.
No where in the license it is mentioned to run his shop infront of our house plot, and also size of his shop
He clearly takes advantage of the huge govt land, running multiple shops, and moving shops to different places within that 30 acres area.
Since our house location is suiting his kind of business, he moved his shops to there in 2001, and running his shops there since year 2001, but claims the I am here since 1989..
Since we work in other cities, my father being old age wasn't givng much importance to him.
But off-late, he started expanding his business, covering more than 50-60 % of our front side causing us problem.
We have approched police and Municipality, but no help.
Recently we filed a writ petition in Honorable High Court, challenging the validilty of Municipality license.
Honorable HC has given a verdict that we should approach to Municipal authoirty or appeal in the lower civil court.
We are not sure if approaching municipality authority will help us much.
Moving to civil court might take a long time, as we don't know how many years it would take to get him vacate the land.
We are considering filing a review petition in honorable HC again. Any suggestion how to move forward?
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Thanks.
