• Renting independent house for running preschool

My neighbour has decided to rent his house to a franchise of a pre school . the area has independent bungalows. Society handed over the layout to Nagpur Improvement Trust. I feel my privacy, peace will be jeopardised. He had come to me asking for noc. I do not know which deptt needs it. 
How can I stop them from starting a school.
Asked 1 year ago in Property Law from Nagpur, Maharashtra
Religion: Hindu
1. What does the master plan say with respect to opening of pre schools in the area where the bungalow is situated? If the plan does not allow commencement of such schools in this locality then the school cannot operate. Accordingly, you can go to court and seek a stay order.

2. If the master plan allows the operation of such institutions then you have to explain how your privacy would be put in jeopardy with its operation. If the operation of the school will result in breach of your privacy then also you can go to court and seek an immediate stay. 

3. You are at liberty to refuse to grant NOC.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Hello,

1) Find out if the pre school has required approvals from the competent authorities. If the pre school is without approvals you can move the court to get an injunction from the court against the school from starting to function.

2) If  the pre school is withe approval there is nothing much you can do to prevent the school from starting as the neighbour is at liberty to rent out the premise for a pre school to function.
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
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A. Generally, lawyer, yoga teacher and doctors are having permission to run their business at the residential houses.The bye-laws of the Society permit them to run a play school.

B. You can lodge the complaint before the Nagpur Improvement Trust or issue a notice to the same. Thereafter, if no use, you can register your complaint before the local authority. 

C. No one allow to run a school in a residential house, it is against the law. utilizing 20% of the space in a residential flat is legally permissible as long as the business in question falls within certain categories.Whatever the other aspects of the case may be, it is certainly necessary to get the approval of the housing society in a general body before using a residential flat for commercial purposes. 

D. In case if the society allow the other members to run the school more than 20% space in residential, it is also illegal and you can challenge the society's permission. So it's a commercial activity.

E. You can lodge the complaint against the Society before the MSC Apellate Court or District Registrar or approach the High Court by filing a writ petition.

It has been decided by Courts in different states that a chartered accountant, yoga teacher and lawyer can carry on their work in residential premises so there is no reason why a playschool cannot be carried on as well, as long as the disturbance to neighbours is minimized.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
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1) refuse to give permission to start a school 

2) since residential premises no commercial activity can be carried on without prior consent of Muncipial corporation 

3)  Maharashtra Preschool Centres (Regulation of Admission) Act. 1996.provides for compulsory registration of pre schools in mahrashta.


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

5) 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 

6) 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
23351 Answers
1221 Consultations
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1. If you want to stop them from starting a school, do not give NOC from your side.
2. The department of public instruction(education dept) may be approached and request them not to give permission to start the school, as privacy and peace of the locality will be jeopardised.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. Do not give NOC,

2. Write a letter to the Society strongly objecting opening of a pre-school in a residential housing complex,

3. File a complaint letter to the siociety objecting opening of the Pre-School,

4. File a police complaint in this regard,

5. Apply for an injunction order directing the pre-school authority not to start operation,

6. Send a copy of the injunction order to the police.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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It is advisable to deny the permission for starting a preschool without looking into the Master plan as devised by the Municipal Corporation for your particular area. If in the Master plan it is allowed to carry out the commercial activities then seek prior permission for the same intimating the Municipal Corporation. Tell them clearly that you do not want any commercial activities to be carried out in your premises.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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