• Irregularities by Municipality

FACTS-
1.At our property is a tenant,that runs an illegal,fake,fire safety training school+manufactures/repairs/refills & sells fire safety equipments including fire extinguishers.Thereby carrying out illegal but clandestine,industrial,commercial activites+fire safety(dangerous)training.
2.None of the industrial/commercial or fire safety training activities have been permitted by the town planning or municipal authorities & I ve RTI confirmation of the same.No permission was sought by us-the owners & neither did we permit the tenant to carry out these illegal activities.
3.The tenant isnt registered for Trade License,Not registered under Commercial tax authorities & also not registered for Service Tax/Excise & Not registered under Odisha Commercial Shops & Establishment Act,Not registered under District Industries Centre or under State Pollution Control Board.
3.It has colluded wth the municipal officials to carry out its trade,&,industrial activity,while we paid for the domestic use of the property.
4.I asked for a physical verification of the property to the municipaity & when they didnt oblige,I wrote to the Govt. Then the property was inspected & commercial use was found out.But instead of recovering the arrears from the tenant they have slapped fines on me.I ve written to them on protest as to why I should pay & but they are not replying.
5.Industrial activity with dangerous gases & Fire Safety training is risky to life.I ve got that confirmed by RTI.
6.The municipality has not given permission to any of industrial,commercial or fire safety training activity.
Queries-
1.What offences are done by municipality & under what act/law/section of law/IPC are they punishable?
2.What offences have been committed by the tenant & under what act/law/section of law/IPC are they punishable?
3.What actions & under what law should municipality take?
4.I ve complained,but there is no response.What is the exact legal remedy.
Asked 8 years ago in Criminal Law
Religion: Hindu

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7 Answers

1. You say that he is your tenant who operates an illegal fire safety training school. The question arises, for what purpose did you lease out the property to him?

2. If he is making use of the leased property for purposes other than for which he has been given the property on lease then the remedy is not to write to municipality, but to file a petition for his eviction before the Rent Controller to recover the possession of the property.

3. Also file a separate civil suit for injunction against the tenant to restrain him from operating the training school.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

municipal corporation should direct immediate closure of fire training school in residential premises

if municipal corporation refuses to take any action file writ petition in HC against Municipal corporation refusal to take action against the industrial establishment for carrying out industrial activities in residential premises

3) if tenant is using residential premises for industrial activities you can file eviction suit against the tenant

Ajay Sethi
Advocate, Mumbai
99881 Answers
8150 Consultations

Hiii, municipality is not liable for any action , since they are not aiding your tenant to carry out any such activity ... 2) file a police complaint regarding your tenant for such illegal activities .. 3) you can also file a suit for permanent Injuctuon against your tenant in order to restrain him from carrying on such a activity ...approach through court for relief that you are seeking

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

this act of municipality comes under prevention of corruption act and under section 166 IPC.

right to live with safety is a fundamental right under article 21 and your right is being curtailed by municipality by ignoring his duty and taking favour of a culprit. in this scenario you can file a writ before the high court under article 226 indian constitution for damages and direction to immediately stop that illegal activity.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

The tenant has violated terms of tenancy agreement by using premises for commercial purposes

File eviction suit against tenant

If commercial activities are being carried out without licence then corporation can impose penalty under provisions of shops and establishments act of your state

Ajay Sethi
Advocate, Mumbai
99881 Answers
8150 Consultations

1. The municipality has not committed any offence but the tenant has committed.

2. A complaint before the concerned authority will enable them to initiate proper legal action as per law.

3. It is for the municipality to initiate appropriate legal action as per law and rules.

4. If you have complained about it but there was no action, then you may approach the higher authority with a similar complaint.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

1.Kindly mention the laws,with their sections & subsections which are violated.

2.Under what IPC /law are the activities punishable.

Have you initiated eviction action against the tenant by filing an eviction suit before the court competent?

If not then you may first file a civil eviction suit and after that you may plan other options.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

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