LawRato

Can commercial activity in residential building on commercial street be stopped?


03-Jul-2023 (In Civil Law)
I live in 1 flat out of the 8 flats in our residential building situated on commercial street. Some owners have converted there flats into commercial offices. Upon enquiry through various RTIs we’ve found that these people have not taken any permission to run these offices. We’ve taken advice from some MCD officers and lawyers and have been informed by them that in such cases also, the already running offices will not be sealed or stopped by the court and only penalty shall be imposed. Is there really nothing that could be done regarding these offices, as even no one is willing to buy the house due to these commercial activities, so it feels like the residents are stuck with their flats due to these illegal activities. We are also scared that if we do not cooperate with these people they might try to hurt us or create problems for us as none of use has completion or occupancy certificate for our units and as it was built in the 1990s, we don’t know if it is legal or not. Please help!
Answers (2)

Answer #1
838 votes
If the case is such, you can approach the Hon'ble high court under writ jurisdiction stating that the usage of the property is not qua it's registration which is causing loss to the general public at large and to you too as no one is interested to buy your property considering the misuse of the property by the other adjacent owners.
Helpful? LawRato LawRato

Answer #2
872 votes
Hi,

In the situation described by you, it is important to ascertain what kind of offices are being operated out of your residential building. Certain offices providing professional services are allowed to operate without any additional approvals. What becomes important here is to look at the Master Plan and Zonal Plan pertaining to your locality to ascertain whether the offices are in compliance with the same.

Please feel free to contact me for any further queries
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."