• Risky wooden godown in residential flat - Ghaziabad UP

I reside in a residential builder apartment on upper ground floor and there is a wood godown in just on ground floor. I request so many times to the owner of flat that this is very risky and we are very scare living with stress. Also bad smell and air comes to in flat when we open the windows. this is very risky and we are very upset. But owner Mr Vinay Jain is not vacating his flat. Now after 3-4 year I have written a letter and got sign from other flat owners and filed to newly set up RWA but no development.
Can you please help me to go further. I also want to claim for my 3-4 year sleepless nights and punish him.
Mukesh Rana
india_mukesh@rediffmail.com
Asked 2 years ago in Property Law from DLF Sahibabad, Uttar Pradesh
Religion: Hindu
1) you should file RTI application with muncipal corporation as to whether permission has been given for wooden godown in ground floor flat . 

2) move court against flat owner and muncipal corporation if no action is taken by muncipial corporation to remove wood godown 

3) in writ petition before HC seek directions that since wood godown is fire hazard it should be closed as it cannot be permitted in residential area 
Ajay Sethi
Advocate, Mumbai
26066 Answers
1417 Consultations
5.0 on 5.0
It is advisable to issue a legal notice if no action is taken by the RWA. Also you need to first find out if permission for wood godown has been granted to the concerned person. File a case of public nuisance against them. You can also simultaneously file for damages.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. To address the issue of foul smell and risk emanating from the godown you individually or all the affected flat owners can collectively can move to court to seek court's directions to shut it down in the interest of the other owners. 

2. You may also additionally claim damages for the agony suffered by you.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
A. Issue a legal notice against him to removal this nuisance and you need to scrutinize whether he has any prior permission from the local municipality to maintain the same?

B. You can lodge the complaint against him under private nuisance and claim damages for mental agony and ill health. Every person has right live with the peaceful enjoyment and personal liberty under Article 21 of the Indian Constitution.
B.T. Ravi
Advocate, Bangalore
743 Answers
34 Consultations
5.0 on 5.0
file a case under section 133 of code of criminal procedure, before SDM for removal of nuisance. and also file suit under law of tort for damages( mental and physical agony, nuisance in daily life) caused by him. if you have not been resident of that house for more than 20 years and never raise any objection. seek stay order from the court. in m c mehta vs union of india our supreme court has held that if any nuisance is caused by neighbor then strict liability will apply and he is bound to stop that work and pay compensation to the victims. 
  
Shivendra Pratap Singh
Advocate, Lucknow
2978 Answers
45 Consultations
4.9 on 5.0
1. File a petition befoore the local Municipality for using the flat for illegal purpose,

2. Lodge a complaint also before the local police station under copy to S.P. informing about the huge risk involved in storing such inflamable material in resodential flat,

3. If you find no action taken by the authority, file a writ petition before the High Court against police and municipality inaction.

Krishna Kishore Ganguly
Advocate, Kolkata
13200 Answers
280 Consultations
5.0 on 5.0

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