• Running a pre-school in residential Area.

We have received notice from Ahmedabad Municipal Corporation under section 478 for undertaking commercial activity in residential area and asked to shut down within 3 days. We have purchased individual plots and our society has not been formed. It is situated on a 60 feet road and we have residential society with comercial shops in front of us. please let me know how do i move ahead.
Asked 5 months ago in Civil Law from Ahmedabad, Gujarat

Dear Client,

Commercial activity in residential are not permitted and at present, get an stay on noitce. So, that you can buy some time.

Yogendra Singh Rajawat
Advocate, Jaipur
10455 Answers
9 Consultations

4.6 on 5.0

If the flat/house is residential property then you cannot operate the school se the land is not converted and no commercial tax is laid. For now when there are only three days file writ petition to quash the notice in high.court and take stay on same.

Shubham Jhajharia
Advocate, Ahmedabad
16165 Answers
66 Consultations

5.0 on 5.0

Dear Sir,

Immediately rush to High Court and get a stay order and continue such school activities.  Produce evidences about the existence of commercial establishments in front of your school.  Since it is a pre school so High court may pass orders in your favor by quashing such notice.

Netravathi Kalaskar
Advocate, Bangalore
2514 Answers
6 Consultations

5.0 on 5.0

in residential zone you cannot carry on commercial activity 

 

2) you would have to close down your school in residential area

Ajay Sethi
Advocate, Mumbai
62519 Answers
3810 Consultations

5.0 on 5.0

Send a reply to this notice. Take help of a lawyer to draft this.

Imparting education is not a commercial activity and on the basis of this proposition, you must draft your reply.   

Vibhanshu Srivastava
Advocate, New Delhi
8276 Answers
121 Consultations

5.0 on 5.0

first take a stay of the said order then proceed as per the law. you can change the use of the said property by making it commercial one.

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

Technically it's not legal. But there are many Preschools that are open inresidential areas. Most city municipalities and planning organizations will keep harassing you for having play school in a residential area. If you can manage the harassment, then you can open it in residential area.

If you are in flats/apartments, then you can obtain permission from the assocaition for this and if possible you may even obtain licence from the local civic authorities.

In a case before high court of Karnataka on this, the court has passed verdict as follows:

The HC held that the BBMP had to “pass an appropriate order more particularly with regard to the Revised Master Plan 2015, Bangalore, The assistant engineer is the statutory authority under the provisions but he has not place reliance on the provisions of the law. He has been directed to follow the law as per the regulations. However, the privately held company was permitted to open and run the school till the assistant engineer issued relevant orders. But if if it was found to have violated the regulations, it would have to shut shop.

 

T Kalaiselvan
Advocate, Vellore
52595 Answers
632 Consultations

5.0 on 5.0

Technically it's not legal. But there are many Preschools that are open in residential areas. 

Mohammed Mujeeb
Advocate, Hyderabad
7710 Answers
3 Consultations

4.5 on 5.0

As per section 478, Residential area can not be used for commercial activity. Kindly clear me that your construction of building licence obtained from authorities as Dwelling unit or commercial building?. if not, apply for Form D, after obtaining Stability certificate from registered charter Engineer, EB Changes to commercial,  NOC from Fire dept and Sanitary certificate from Municipality. 

Form D gives green signal to use your property as Commercial one. Then you can run Pre School without any hurdle. As of now reply to Municipal corporation for requesting time line to convert as commercial public building.

G Suresh
Advocate, Chennai
385 Answers
3 Consultations

4.9 on 5.0

Please go through the map passed for the locality that will be available in the office of Development Authority of the area, in every society or colony space for school or Mandir has to be left so that the residents of the colony may not suffer and then go ahead.File directly a Writ before the Hon'ble High Court for the relief after consultation from the lawyer.

Koshal Kumar Vatsa
Advocate, Gurgaon
1431 Answers
1 Consultation

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer