I have a shop running in a residencial area since 4 years, authorities say it is illeagal and will seal the premisis. we pay commercial charges for nagar nigam, electricity house tax and water tax when the registry was done the road was commercial declared we have paid stamp duty on commercial charges . but the plot was declared recidencial by lda it is on 24 meter road . suggest any option to avoid this mess
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Lawyers are available now to answer your questions.
1) your property assessment is commercial
2) you are paying property tax , water charges in commercial basis
3) in case any order is passed for sealing of premises you can obtain injunction restraining muncipal corporation from doing so
4) rely upon commercial assessment of your shop and that you paying commercial charges fir electricity , water
once property is registered under commercial status then later on LDA cannot declared it as non commercial property. according to principle of estoppel (under section 115 evidence act) LDA cannot retract from its stand. you should file a case for injunction i.e. stay order against LDA.
If the civic authorities are troubling you with such frequent threats or even if they have slapped the said notice, you can file a permanent suit against them to not to interfere in your possession and enjoyment of the property.
The documentary evidences in our possession would safeguard you from being subjected to such harassment.
