Pre school to be opened in residential area. How to tackle nuisance ?
25-Apr-2023 (In Property Law)
There are 28 flats and 2row houses in our premises. There is no separate entrance for row houses. The society hasn't been formed yet. We are fighting a legal battle with our builder. Now a row house owner is renting out to a pre school. All other flat owners are against it since it's going to cause nuisance. What are our options? We tried talking sense to school management and owner but in vain. We need a legal advice. Please help.
As there is no society for the said premises, either you can file a complaint in the nearest police station regarding the nuisance created by the school owners. Also, you all can form and register a society as soon as you can and thereafter You can file consumer complaint through association. Take a resolution of all tenement holders for filing of complaint. Also execute power of attorney for the purpose of filing of case. Thereafter file case in consumer forum claiming relief.
Since the society is not yet formed then you wont be in a strong legal position to file a case against the owner of the said row house. As per guidelines a play school can function in residential premises.
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