Tushar Chowdhary (Lawyer/Consultant) 10 October 2009

Plz.. Help It's Urgent

Dear Friend,

I am residing in a state government Housing Colony, behind my house there is a private residential area.

Just in the back side of my home a person starts a business of cement & setring store, due to which there much disturbance and trouble in our home and also to the neighbourers...

My query is may I approach the District Court asking for my easement Right as to ask him to shut down his business as the land is only for housing and can not be used for this type of commercial purpose which cretes problem for the neighbourers..

Seking your advise please guide me the right way...

Regards

Tushar Chowdhary

Reply Follow

8 Replies

Feroz M Shafeeque (Police Officer) 11 October 2009

Most probably that business is illegal. Just get the information from your Municipal authorities whether they have granted license for the person to start a commercial establishment in the specific location (You can very well use RTI Act if direct approach is not successful). If no license is there complain them to stop the activity.

Karl Jacob (Partner/Advocate) 11 October 2009

You can file a complaint to the State Information Commission to verify whether the business near your residence is being run with proper licese and if not, to shut down the business, through the municipal authorities, which is causing public nuisance in your residential locality.

Or you can file a petition along with some of the other residents before the High Court to stop and clear the business which is causing nuisance in your residential area.

Abhiroop Ghosh ( Advocate) 13 October 2009

I'm of the same view with Advocate Karl Jacob. The said company is definately causing nuisance to the local residents of that area. As per my opinion, they are not entitled to get valid permission to carry on such business over residential area. So prima facie it seems to be, they are carrying on illegal business.

Tushar Chowdhary (Lawyer/Consultant) 13 October 2009

Thanks for the advise dear Friends....

But I talked to the municipal authorities and in reply they informed me that there is no such license granted to such business for this type of business.

Please suggest me some other ways...

how can I go for my easement right????

Please suggest...........

Khaleel Ahmed (Legal Advisor) 15 October 2009

Yes you can take legal steps to close the business.

Adinath@Avinash Patil (advocate) 16 October 2009

YOU FILE COMPLAINT AS WEL AS CIVIL SUIT.

bhupender sharma (advocate) 18 October 2009

Mr. Tushar , U can file an complaint to the S.D.M concerned for removing the nuisance in the nearby area of your house it may also contain the signature of neighbour hood persons also that will work effectively that the nuisance has been caused and it is obnouxous to reside in the said locality. (Bhupender Sharma Adv.)

bhupender sharma (advocate) 18 October 2009

Mr. Tushar , U can file an complaint under section 133 Cr.P.C to the S.D.M concerned for removing the nuisance in the nearby area of your house it may also contain the signature of neighbour hood persons also that will work effectively that the nuisance has been caused and it is obnouxous to reside in the said locality. (Bhupender Sharma Adv