I have rented a commercial property for restaurant in chembur mumbai.the property is of before 1961.so there is no bmc approved plan. my annex A clearly mentions commercial/shop.i have all the other papers right.even applied for eating house licence which is half way done as i have got the fire compliance. i have stability certificate too.but some people are constantly troubling me by putting complaints in bmc various depts. so building proposal amc came and has told to initiate a stop work notice as i have built a washroom widout prior permission.and plus they are telling me to do a change pf activity which would require me to get a bmc approved plan.please guide me what can be done.do i need to do the change pf activty? and can i request to regulate the washroom with appropriate penalty? what can be done if stop work notice is issued?
If the user is commercial then it can be any commercial use including that of restaurant
So plz ask the officer what does he mean by change of activity
If you have constructed a washroom which uses FSI then you ought to have taken permission
You can ask for regularisation by paying for the FSI used if any alongwith penalty
You should approach landlord for Regularise issue.
Approach the High Court and challenge the stop work notice, incase the the same is issued by BMC to you unilaterally.
In the happening of the above scenario, you must file a writ of certiorari and seek a stay on the stop work notice
1. Well, the Building Rules differs in every Municipality or local authority .
2. If the construction of the was room is without the approval of the BMC which was necessary then it is essential that you now apply for its regularization.
3. The BMC must have sent you a notice on violations of the building constructions and if it there is then furnish them with the reply of show cause and apply for regularisation of the constructions on payment of penalty
4. If all all the permission are taken then no one can stop you from carrying out the trade for which you have taken the property on rent.
It is in your interest to comply with stop work notice
2) obtain bmc approved plan for the restaurant
3) since many complaints are being made against your restaurant it is advisable to have bmc approved plans
As you have no previous approval from BMC and the building is quite old that time this mechanism was not very operative now you have to take permission from BMC for additional construction if any and if you are facing any problem by the decisions of BMC then you can move a petition in the High Court in the nature of mandamus to get the direction of High Court to the BMC and you to follow in this regard that will end your problems and you will get required approval as per the BMC norms in this regard.
Please remember to read the answer if you like it
Sir file an application to regularise the washroom under permitted FSI.Further filed a writ to challenge the stop notice in the high court to quash same.
further restaurant business is commercial activity no such change of business not required thus require only required the licenses to run the restaurant business.
This is my response to you:
1. Firstly you need to send them a legal notice for defamation;
2. This kind of acts by some people are causing you loss of business;
3. If you believe your legal compliance and documentation is complete then you must file a writ petition against them;
4. You can also pay the penalty and regularise the washroom work;
5. Consult a local lawyer and take steps.
Dear Sir
Get regularise the barhroom work. Get rent or lease deed registered
