• Society notice to close preschools running in bungalows for years

Our gated township has allowed many preschools and day cares to operate, without written permission, for many years now. While no written permission was given, for the past number of months they have been charging for the use of water by all preschools.

They have sent notices a few times in the past years to close the schools and another one has come now, which they are say they will stay firm on.

We have read on many forums that preschools can operate from residential premises as long as the society permits.
http://yourstory.com/2011/09/i-want-to-start-a-playschool-what-does-the-law-require-me-to-do/
Can the water bill taken as a permission from the society?
Can they ask preschools to stop operations after allowing for so many years?
A prominent school has recently started operations from the land owned by the society and another school building is under construction. This move may be to benefit these schools. Is it possible to get a stay on the notice based on this argument?
On what other grounds can the preschool take legal recourse as this move will lead to many job losses of teaching and non-teaching staff and also suffering of parents and their children. On the other hand the school owners have served the community for so may years and will be majorly impacted financially.
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Hindu
Hello,
1) The society providing water supply and billing the pre- school in itself can not be taken as a permission from the society.

2) Society is at liberty to revoke the permission as Managing Committee resolution backed by an AGM meeting can take a decision to revoke the permission , especially in the absence of any written permission.

3) You can certainly seek a stay on the ground that you mentioned and besides that cite reasons that you will need time to find alternate arrangements or accommodation to house the pre school and that such a move with no notice will render a number  of people unemployed.
 
S J Mathew
Advocate, Mumbai
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1. Society is no one to allow a pre-school to commence and operate. Permission can be granted only by the municipal authorities subject to the master plan.

2. Water bill demanding the charges for the water drawn by the play school cannot be treated as permission from the authorities. One who must use a municipal service must pay for it.

3. Since the notice for closure has been issued the preschools can move to court to seek a stay order against the closure. 

4. The failure of the authorities to act against the school for years coupled is a ground on which they can seek a stay order. If they are fortunate they might succeed. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) water bill cannot be taken as permission by society 

2) the fact that schools have been running for so many years in society premises does not mean that society cannot ask schools to close down 

3)you can move court and obtain stay on grounds that you have been discriminated against particularly so when other schools are being granted permission by society 

4) you should also highlight impact of suffering of young children who would have to travel long distances if pre school is closed down . also render many teachers jobless 

5) you have not mentioned whether you have you taken permission from PMC  for running pre school in the premise s
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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1. Water bill is for using water supplied by the society,

2. Sending water bill does not signal permission to run the said pre-school,

3. The society is within its right to ask the unauthorised pre-school to wind up,

4. However, the pre-school can not be forcibly closed and evicted without due process of law,

5. The society shall have to file an eviction suit to evict the pre-schools from the society premises which will take years.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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A. Generally, Lawyers and Doctor would be allowed to run their profession in the Residential premises. But if you want to run the pre school in the Residential premises, you have to take local authority permission. 

B. Water Bill cannot consider as a permission towards the Preschool commencement.

C. You have to get the NOC from the Society. In case the Society has given permission to the others to run the preschool business in your area that you can question or challenge the same before the ARCS.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
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1)the article you have quoted mentions that prior permissions are necessary 

2) you need permission from PMC for running pre schools and also from society 

3) verbal permission is not sufficient 

4)residential premises cannot be used for running offices in residential area . it is surprising society has not taken any action in this regard 

5)preschools can move court if kids are prevented from entering society premises . you can take the plea that other schools are also running in society premises

6) if no prior permission has been taken preschools  would be illegal in residential complex 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
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1. The meaning of the said statement is that you can run the said pre school provided you are permitted by the PMC and the Society. If permission is not taken, you can not run the pre school,

2. You should have availed the said permission and NOC before starting the school & till you get the said permission your pre-school stands as illegal,

3. No. The Society can evict all including the pre-school depending on its discretion. No body can dictate the society as to whom it should choose to evict first,

4.  The Society can disallow entry of unauthorised persons in to its premises. It is to be noted that Society decision is the decision of its majority members  who are the flat owners of the complex,

5. There are tens of thousands of commuters who travel without ticket by trains and for that reason no body can claim that he/she should not be booked by Indian Railways for travelling without ticket,

6. However, there is one plus point for you. The Society can not apply force on you for evicting you. It shall have to file an eviction suit through the bunglow/flat owner and after being directed by the Court can evict you with the help of police. Till then you can happily run your show. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1) Maharashtra Preschool Centres (Regulation of Admission) Act. 1996.provides for compulsory registration of pre schools in mahrashta.


2) you need permission from appropriate authority for starting preschool in maharashtra . it should be education officer of muncipal corporation 

3) the management has to submit application within period of 60 days from date of opening of pre school to appropriate authority accompanied with fees of rs 500 

4) in the event managment violates provision of act it shall after enquiry be prosecuted and punished with imprisonment for  upto one month or fine upto rs 5000  to Rs 10,000
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
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1. This is what I said that if the necessary permissions are obtained the preschools can be run in accordance with the law. 

2. PMC can give permission even in the absence of  a NOC from the society.

3. All the commercial establishments which have commenced their operation without getting the necessary sanctions can be evicted.

4. Yes they are. 

5. The law is unambiguous, but the authorities turn a blind eye to the violation of it, which in turn encourages the continuous violation of law. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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