• Commercial establishment between two residential houses

Sir, there was a vacant plot between my house and that of my neighbour. We are residing there since 23 years. Recently the owner of the vacant plot has built some shops and started giving on rental. There is a kirana shop which sells cigarettes and pan masalas. Smokers come and consume tobacco due to which ladies of our house cannot stand outside. Recently a steel fabrication shop has also started. Since it is a steel fabrication shop there is no need to explain the problems that we are facing. My parents are aged 83 & 74 years. Similarly the other neighbour is also aged above 80 years.
Asked 1 month ago in Civil Law

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17 Answers

Check with muncipal corporation as to whether construction  has been done as per sanctioned plans 

2) complain to muncipal corporation against illegal constriction done 

 

3) if no action is taken file writ in HC for demolition of unauthorised construction 

Ajay Sethi
Advocate, Mumbai
76981 Answers
4621 Consultations

5.0 on 5.0

But if the same is a commercial use apartment you can't object it. Only selling and consuming of Ciggarratee can be objected

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

1. Well both the businesses are absolutely legal and no law is in place which prohibits running the same. 

2. A business once found legal can not be shut down merely because it may cause discomfiture to others.

3. However if the steel fabrication business produces sound which is beyond permissible limits then you can lodge complaint with Pollution Control Board. 

4. The Pollution Control Board can only contain the decibel limit and can not close the business. 

Devajyoti Barman
Advocate, Kolkata
20788 Answers
296 Consultations

5.0 on 5.0

If all plot owners had performed the society and Chhattisgarh Co-op Housing society act. This problem won't had arrived. Still as per noise pollution and air pollution you can make complaint to the Municipal corporation or Gram panchayat of your area.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

Please start drafting complaint and despatch to various local authorities against the commercial establishment. 

Local Authorities like Municipal Corporation, Food and Drug Administration, Police,Anti Narcotics Cell,Crime Branch and Social Branch. 

You may get some positive response from one of these authorities. 

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

1. See if the plot is legally converted to non residential commercial and as per approved plan if the construction is done then you cannot stop them from doing business as per law, in case he is operating business in residential plot you may complaint before the municipal authroity.

Shubham Jhajharia
Advocate, Ahmedabad
25206 Answers
105 Consultations

5.0 on 5.0

File complaint to the local authorities like Municipality 

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

Firstly confirm that if the are comes under residential or commercial.

If residential then you can make a complaint to the local civic body about the commercial activities going on in the residential area.

If they do not take any action then you may approach court with a mandatory injunction suit to remove the commercial shops located in the residential area and can vent out your grievances and other hardships yo face due to this  in the suit plaint 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

1. Why cannot the ladies stand outside if someone is smoking cigarettes and chewing pan masalas?

2. You have your residence there but other people too need to make a living.

3. Anyways, file a RTI application to ask the civic authorities whether commercial activities are permitted in that area?

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to file complaint against the said owner of the property as well as to the tenant/shop owners. Also, serve a legal notice and then file the case of injunction, if the things does not stop after legal notice

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

You need to check if the building has cut the commercial status in the the records and development authority has given permission to erect the building as per this specification applicable for the commercial building so far as the business in the building is concerned if there is any fabrication unit working and making sound you have to take appropriate action by writing to the municipal corporation or nagar nigam for this purpose to take action you can also complain to the environment department for making noise pollution buy the fabrication unit

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

Please complaint to the Municipal Corporation as well as to the District Magistrate of your area, commercial activities are not allowed in the residential area without permission of the competent authority.

Koshal Kumar Vatsa
Advocate, Gurgaon
2071 Answers
1 Consultation

5.0 on 5.0

Smoking/spitting tobacco in public place is an offense. Complain to police. And in residential area, commercial activity is not permitted. Complain to municipal office,

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

visit your nearest police station. And give a written complaint against that person. Do notify police about public nuisance. if other neighbors are also facing the same problem let them sign the complaint too.

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

1. You can make complaint against the owner of plot in municipal corporation for establishment of shops in residential area which is causing nuisance in neighbourhood.

2. You can ask owner of that plot for change the tenants of shop because fabrication shop is causing nuisance and if he refuses to change the tenant then you can make police complaint against shop owner for creating nuisance.

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

- As per rule , a residential property cannot be used as commercial , and it is a violation in the municipal rules.

- Further , permission from the Municipal authorities is mandatory for opening a shop from the residential house.

- Hence, you should lodge a complaint before the commissioner of the Municipal corporation of your area/zone , and further can also file a Complaint before the Pollution Control Board as well. 

- Further , your father being a senior citizen can also lodge a complaint as well . 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

If it isn't a commercial property and he has constructed shops there then file a complaint against him in the municipal corporation.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

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