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Swati Ghosh   23 August 2019

godown of my house

I have a godown of my house 2nd floor.i live 1st floor of my house.how to close the godown? as nuisance sound created.then my question is will they live in my house because he is the owner of 2nd floor and lent as a godown.


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 2 Replies

Rashi Daga   24 August 2019

Hi Swati!

If you live in a residential area and it is a residential property, commercial activity is illegal. They are only meant to be done in commercial areas because of the nuisance. 

The godown could only be legal is given permission by the concerned Municipal Corporation (MC). 

In order to shut down the godown, you may file an application under RTI Act, seeking information whether the second floor poeple are carrying out activities upon permission from MC or otherwise. Then accordingly, its upto the MC to take action against them. 

If the MC does not take any action, you can file a writ petition under Article 226 of the Constitution of India for violation of your fundamental rights. Considering the facts of their case, the court of your jurisdiction may pass any appropriate order against your upstairs neighbour.

No one will live in your house. It is your property, whether bought or rented (as per rent agreement).

Swati Ghosh   25 August 2019

2nd floor of my house is the owner of other person who lent 2nd floor as godown. My question is, will they stay 2nd floor after removing godown of 2nd floor?

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