Getting an injunction order to start a home-stay.

821 votes

File application under RTI, the reasons for non response. Thereafter, u can think of filing WP in HC.should start With out envIronmental effect You have a right to start but except restrict HWHAMA some conditions is there ...contact us will help you thank you

Advocate Vedashree A LawRato

608 votes

Dear Sirs,

If permission is mandatory for starting home stay under such act, you should obtain the permission and start the home stay. If the authority is not considering your application although you have complied with all the requirements, you can approach the High Court for required relief.

Advocate Sadanand Naik LawRato

727 votes

The nodal agency is having legal action to give permission for Home stay but if that agency is not giving permission then that agency must give proper reason for that otherwise you are liable to approach proper higher authority to file complaint against nodal agency however you can approach to civil court for relief but not injuction order.

Advocate Shashikant P Kalal LawRato

578 votes

you have to give section 80 notice to the authority as it comes within the definition of the State. once you give 60 days notice under Section 80 you can proceed to file a suit for injunction. or if you are in a hurry to file a suit, you can still file the same by filing an application under section 80(2) seeking exemption from the court to file against the Authority and obtain order. normal rule is that without completing the statutory period of 60 days, the court will not issue any interim order for you against the Authority

Advocate Anantha Kumar LawRato

894 votes

There is provision to get an injunction order for court against HWHAMA not to disrupt the functioning of the home-stay, and in the same suit you ask the court for direction to accord whatever permission you need under law. If you have fulfilled all requirements under the rules and law court will rule in your favour.

Advocate S.K Prabhakar Shetty LawRato