Renting of Residencial Property for Commercial Purpose
Subject: Renting of Residencial Property for Commercial Purpose
Sir
We live in a Multi Flats Building with only 10 ownership Flats in 4 Floors
In the ground floor there is no Flats, have some Commercial Shops like Dosa Shop,Two Medical Shops and two car garages of two Flat Owners
Recently one has lent out his garage to a Kachori Shop which Is using Gas cylinders and which may cause some more accident prone problems
We are apprehensive as some times back some incident of cylinder blast took place in a similar Shop opposite our building causing two fatal cases
But the person who has given the rent is insisting that he has full liberty to give a rent to any Shop
It was decided by the residents in a meeting to request
1)The incumbent to request his tenant to desist from *cooking activities and using fire/stove/burner* which may lead to serious fire hazard failing which ultimately the tenant may be asked to vacate permanently
It is however well agreed *that* he is at his liberty to let it out to any cloth shop/tailoring shop etc etc which will not create possible serious consequences like Fire Hazard, *encroachment issues*, Pollution Problems
My Questions
1)Whether is there any judgment in Supreme Court or High Courts laying down directions on what activities could not be carried out in a residential area
Like
ANY TRADE OR ACTIVITY THAT INVOLVES USE OF HAZARDOUS, INFLAMMABLE AND POLLUTING SUBSTANCE OR PROCESS
2)Is there any CrPC ie Code of Criminal Procedure which highlights on this point barring
THE CONDUCT OF ANY TRADE OR OCCUPATION OR THE KEEPING OF ANY GOODS OR MERCHANDISES INJURIOUS TO THE HEALTH OR PHYSICAL COMFORT OF THE COMMUNITY
3)Under the circumstances stated above whether a person can rent out his property for Commercial Purpose and what are the abiding rules
4)What are the the minimum licenses the shop keeper should have to run the business
5)We do not know whether necessary clearances from the competent authority have been taken by the Lessor for renting
Although we want to settle the matter amicably please advise the steps to be followed in case of necessity
With thanks