How to get rid of coaching encroachment & disturbance
Person2012
(Querist) 29 December 2012
This query is : Resolved
Dear Experts,
I live in a apartment in Delhi. The whole apartment has an area of approx. 75+50 square yards. The first 75 sq yards ground floor is parking area and the 2nd 50 sq yards is built and owned by someone and that person when bought that place started a tuition centre and now converted to full fledged so called 'coaching institute' and had even encroached half of the parking area for his coaching purpose by having his furniture placed there (chairs, tables and even classroom boards hanging on the side walls). Since few people and few vehicles owned by them were residing in at that time the building containing 3 floor. Every floor is partitioned in two flats of 75(frontside) and 50(backside) sq yards each and the stairs in-between two sides of each floor is common. Sometimes lectures/classes used to happen inside that 50 sq yard ground floor occupied rooms and sometimes in parking area because at times students were more in no. than the chairs in the room.
I live in upper ground floor (front side 75 sq yard). Now few months back the flat (50 sq yards) which was there confronting our entrance at upper ground floor is bought by that same person who is running that coaching center as the family who used to stay there sold that piece of flat to him. Now we have lost our mental piece and often gets disturbed since the coaching classes start at the afternoon till 10'o clock in the night and on weekends it goes for the whole day. we have brought this to the attention of the owner of coaching classes but to no use.One one hand he assures us that there would be no classes on upper ground floor and there wouldn't be any disturbances but when students create noise or some other disturbance he simply don't instruct or simply don't interfere.
So, please advice if I file an RTI, what kind of RTI should we file and is there any other solution that we may get rid of this coaching institute and we want this to be done in a manner that nobody would even guess that we have done something against as everybody living on the other floor at keeping quiet since we are getting most disturbed.Also, ours is residential accommodation constructed by the builder and he sold all the floor front and the back side separately.And now since the owner of the coaching inst. is owning both ground and upper ground floor (back side 50 sq yards)although coaching classes are no more going on in the parking area but still he has placed his tables and chairs there.
Please suggest something.
Thanks.
Raj Kumar Makkad
(Expert) 06 January 2013
Running whole day Coaching classes is a commercial activity which as per Building Laws is not permitted in residential area so better to make complaint to the society, if any or registrar of the area and even if no action is taken then file a criminal complaint under section 133 of Criminal Procedure Code before the SDM. RTI application is not maintainable in the given fact.
Person2012
(Querist) 12 January 2013
Dear Sir's,
Thanks for the reply.
Could you suggest me some way out if I could make a complaint through some online mode like making my concern over some Govt. site or any email id of the concerned registrar of my area.
Regards.
Raj Kumar Makkad
(Expert) 12 January 2013
You shall have to personally search the desired sites.
Sudhir Kumar, Advocate
(Expert) 13 January 2013
Mr Makkar has given the least time/money consuming procedure which many advocates even do not know.
You should atleast visit your SMD Office or see their website.
