Noc issued by bank to set-up bar in top floor

Chetan Pichamuthu (Querist) 18 August 2012 This query is : Resolved
Dear Learned Friends,

My Client is a elder citizen residing in a till now residential locality, during recent days the nature of properties have been changed to commercial & he have lost privacy.
Now his immediate property has been developed commercially, with ground floor let out for nationalized bank and the top 2 floors to bar & resturant.
We obtained the details via RTI and found the following defaults;

1) The plan is sanctioned only for ground & first-Hence the 2nd floor is illegal.
2)Bank has issued a No Objection letter to the Excise officer for setting up the bar on the top floor.

we called the local RBI office and enquired under what provisions is the bank allowed to issue such NOC knowing fully well that the nature of business is in conflict to peace of locality. But they suggested that we move court against the bank manager for issuing NOC.

Hence request your advice on the way forward.

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Guest (Expert) 18 August 2012
Your question is incomplete on three counts, as follows;

1) How your friend is concerned with that property where bar is permitted?

2) When Bank is also a tenant to the ground floor, who is the landlort of that bulding and in what capacity the bank issued NOC without the express permission and knowledge of the landlord?

3) Whether approval of the Municipality has been taken for commercial use of the said property?

Chetan Pichamuthu (Querist) 21 August 2012
Sir. the clarification is as hereunder;

1)My friend's property is adjoining the bar/bank building & its a residental layout. Due to commercial activities he is unable to live in peace.
2)The landlord(Neighbour) has also issued NOC to excise inspector for Bar.
But our query to RBI as to how a Bank can issue NOC has met dead end.
3) Approval is taken from Municipality for commecrcial but only for 2 floors; the 3rd is illegal(Bar is on 2nd & 3rd Floor).

Pls guide

Guest (Expert) 21 August 2012
The matter does not lie within the domain of the RBI.

If the 3rd floor concerns to the illegal commercial usage, you can take action on two different angles:

1) Lodge a protest to the municipality on issue of any commercial usage permit for the 2nd and 3rd floor for the purpose of a bar, if any issued so far.

2) Lodge a report of illegal use of 3rd floor of the property to the municipality and request for demolishment of the illegally used property.

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