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Illegal commercial misuse of residential property
10-May-2023 (In Civil Law)
Ours is a building with total 8 flats - h2 flats each on ground + 3 floors, 1 basement and side & rear setbacks. The building is situated on a notified commercial street with 9m ROW as per MPD 2021.
Both the flats on ground floor are owned by one person and he has opened his office in 1 flat of ground floor, divided the basement into two parts and put them on rent to other offices, and planning to put the second flat of ground floor on rent to another office. He has illegally constructed a bricked wall and tin roof structure in the rear setback and wishes to put it on rent as well.
Question:
1.) Does the property qualify to be put to commercial use?
2.) What are the laws regarding conversion of residential flats to commercial on notified commercial streets?
Note:
1) Parking requirements of 2 ECS per 100 sq. mtr. As per MPD 2021 is not possible.
2) No NOC has been taken from other residents.
3) Residential basement is not calculated in FAR.
What can residents do?
Regards
hello client as i can se your issue is really wrong and as well as as per legality its absolitely illegal . in this matter you should have taken legal action agaianst the concerned person who hav edone this illegal acctivity in residensial complex . in thia matter we can get d9ne for you
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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In a residential apartment, you can use 220 square feet for commercial purposes. The society will usually allow back office work. Amit Desai of PropInvest Realty, the owner, states that activities which require the property to be used as godowns or cold storages and laboratories are prohibited.
first of all, please point out all the illegal constructions and file a complaint before the concerned municipal corporation requesting them to demolish the illegal constructions made in the building. secondly, if the corporation does not take any steps you may take appropriate action under law for directions on the corporation.
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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Illegal commercial use of residential property
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you can always opt to file a complain with the concerned MCD office stating all the facts that you have mentioned above. along with the complain you can also attach the photos showing the illegal construction that has been done.
alongwith the complaint you can also send a legal notice to the person who is involved in the illegal construction and ask him to refrain from altering the structure of the property.
alongwith the complaint you can also send a legal notice to the person who is involved in the illegal construction and ask him to refrain from altering the structure of the property.
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Adv. Kartik Krishan Sood
Delhi | 200+ Answers
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Hi,
Going by the limited information provided by you. It is better to schedule a meeting and understand your situation a bit better. We can move to civil remedy but it all depends when I understand your difficulty. By the limited information the first step shiuld be to send a legal notice to him directing him to stop such activities otherwise strict actions will follow.
Going by the limited information provided by you. It is better to schedule a meeting and understand your situation a bit better. We can move to civil remedy but it all depends when I understand your difficulty. By the limited information the first step shiuld be to send a legal notice to him directing him to stop such activities otherwise strict actions will follow.
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Adv. Ayush Kapur
Delhi | 200+ Answers
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You can file a complaint with the Pollution Control Board in your city.
You can file a complaint with the police for public nuisance in your area, or you can contact the SDM.
You can sue the court for a restraint order to stop the manufacture of illegal furniture.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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