• Commercial establishment in Lucknow

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
Asked 7 years ago in Civil Law

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3 Answers

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

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

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.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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