• Major Nuisance by Neighbor running a Dairy business from his Home

We've been living in an individual house, which we own, for the past 9years in a 15ft wide common passage leading from the main road which has 3 houses in it with entrances to 2 other small houses. The houses were built by a house building society which was later dissolved and handed over to the corporation. So I believe this is primarily a residential area. 


One year back, the house opposite to ours was occupied by some people who are running a dairy business from that house. They cause us major nuisance by blocking our entrance and parking a lot of vehicles in a small passage(common passage for only 3 houses, from the main road) leading to our house and also in front of our house. They talk in a very rude manner when we ask them to move their vehicles. How to proceed this legally ?

Their business involves a huge number of vehicles entering the passage . Too much noise while loading and unloading milk trays. Parking of vehicles throughout the road. Production of dairy products inside that house. 

We had complained to the police a lot of times. They just come to the site watchover and leave. We have sent a letter to the commissioner office and CM cell to no effect. They did send policemen who just came and left ! 



Also , they are not the owners of that house.  I cross verified with the EB and their electricity tariff is in Commercial scale. Have been trying to find out if that house has been converted into a commercial property.

It is to be noted the the common passage is only 12ft wide at certain places due to neighbors illegally constructing their houses with wrong dimensions. 

Thanking you all in advance.
Asked 4 months ago in Civil Law from Chennai, Tamil Nadu
1) you cannot carry on business in residential area 

2)  file RTI application with the corporation as to what action has been taken on yiur complaints 

3) you can also file  writ petition in high  court and seek orders to direct corporation to close down dairy business being carried on in residential area 
Ajay Sethi
Advocate, Mumbai
23144 Answers
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You have two options now since the complaint with the police was ineffective.

First is to to move an application before the concerned department of the Corporation to evict the people engaged in commercial activities in a residential place and also to instruct them to remove all obstructions and  encroachments that are placed in the public pathway that is causing obstruction disturbance to the free and uninterrupted usage to users of the common pathway and also to  take action against those people causing nuisance to the neighbors due to their business which is spreading over to the street from inside their residence and disturbing peaceful living of the residents in the neighboring residential area.
Before that you should obtain information about the status of the building where the business activities are going on through RTI act.

The  alternative step is that  you can approach civil court with a suit for mandatory injunction seeking to restrain the occupant of the building from carrying out the unauthorised business activities from the residential place which causes disturbances and nuisances to the neighboring residents.


You can consult and discuss in details on the subject with a local advocate before initiating any such action for the procedural aspect involved in this.

T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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Hello,
1) If complaints to the police have not been helpful it is because the police has limitations in exercising force unless there is a law and order problem and can only follow ordered or direction given by authorities like government or the courts.

2) You must first of all find out the whether the business is legal and has necessary sanctions and permissions. You need to file a complaint to the corporation regarding encroachment and nuisance caused by the diary and if it is illegal ask it to be stopped 

3) If the Corporation is not taking any action despite a formal complaint by you, you must approach a court for remedies making the Corporation a party.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Can a residential property(house) be converted to commercial without a NOC  from the neighborhood ?  

The authorities will follow the procedures and if the rules permit then permission can be granted without NOC too. 



And even if they did so without a NOC and in case they are paying property tax on a commercial scale (assumption) it will still be illegal to run dairy business which would create a nuisance right ? 

Creating nuisance is always an offence.





And is a conversion possible when the house happens to be in a common passage Common for 3 houses ? 
Or is it illegal to convert a house into a commercial property that could create a nuisance to the neighborhood ?
Which authority of the corporation  should I be consulting in regards to problems like this ?

You can visit the corporation office and enquire the department related to your residential area and meet the concerned officer with an application venting out your grievances. Take an acknowledgment from him after submitting your application, wait for the actions to be initiated or a reply after which you can decide further course of action.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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1. Police has no role to play in this as police cannot intervene unless it appears that the persons complained against have committed an offence under the Indian Penal Code or any other criminal legislation, whereas your dispute is entirely civil in nature, as a corollary thereto your remedy is before the civil court alone which you may avail by filing a suit for injunction.

2. There can be no conversion of residential property to commercial one without NOC wherever it is mandated. 
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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You should be consulting a lawyer, not the corporation or police.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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You cannot carry on dairy business in residential area without consent of muncipal corporation . It would be illegal 

2) in case corporation grants permission you can move court to challenge the decision of corporation 

3) you can take the plea that there is only small common passage leading to the houses and carrying on business disturbs the neighbours 

4) you have to complain to muncipal commissioner and also local ward officer 
Ajay Sethi
Advocate, Mumbai
23144 Answers
1215 Consultations
5.0 on 5.0

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