Commercial activity cannot be conducted in a residential area.. Give a complaint to RWA .. If RWA do not take any action file a civil suit for permanent injunction
Commercial kitchen running from residential area
Commercial kitchen is running from residential area by our neighbours living on rent in the same building which creates hectic conditions for living. Extream smell and noise of cleaning utensils is generated. Gas stove and exuast fan makes lot of heat in our rooms. Landlord knows about it but do not take any action against it. Please let me know what are our rights in this situation and where to approach in this situation. Thanks a lot and looking for your suggestions.
Asked 6 years ago in Civil Law
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6 Answers
You can first write this as an representation to the local authorities and if theh fail to respond you have an optionnof filing a writ in the hogh court on the ground that this is in violation of article 21 or otherwise you can file a suit for permanent injunction.
Regards
You can file a suit for permanent injunction against the neighbour to restrain him from operating the commercial kitchen in the manner that injures your right to a peaceful enjoyment of your property. This is the only remedy that you have.
1) complain to municipal corporation against running of commercial kitchen in residential complex
2) if municipal corporation fails to take action then file suit and seek injunction restraining running of commercial kitchen in residential premises
1. you should file an application before the collector for direct to stop the running of this kitchen.
2. collector is empowered under section 132 of the crpc to prevent illegal activity and nuisance.
3. this is swift procedure and it will take very short time to solve it.
4. you should take some videographs of the incident and other cogent evidence to prima facie establish your case.
You can first issue a legal notice to the owner about this nuisance causing health hazards and noise pollution and to shift the commercial activities to some other commercial area.
If there is no response or fruitful result you may make a complaint about this health hazard with the local civic body and seek it's action to remove commercial kitchen which is causing you civil injury and unsafe living atmosphere.
