Mehul 28 October 2016

Provision store in residential area - in front of my house (Vadodara, Gujarat)

Is commercial activity (provision store) is allowed to run in residential society?

There is a big old provision store (35 yr old) in front of my home. Since last many years their business has expanded and daily is more.than 200 (~400 during festivals) two wheeler and many tempos and three wheeler come to shop. Ours is a row house and noice nuance has made our life hell. My parents are senior citzen and they get very mental disturbance due to this. My daughter is 5 months old and not able to sleep properly during day. Neighbours are also in trouble but not taking any action due to relations.

Can I take legal action? What could be the result? What if they try to manipulate legal action?

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5 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 28 October 2016

First find out from municipal authorities that your lane comes purely in the category of residential area and commercial activity is prohibited. If so, you can ask the authorities to shut the shop. If it is mixed area allowing some commercial activity, then approach the authority to declare your area purely residential and once such notification is issued, you can take up further action to get the shop shut.

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jyotirmaya behera (advocate) 28 October 2016

yes you can take legal action by way of PIL. 1st you have to verify the vending zone. You have to collect the document regarding the vending zone provision. Which area is covered.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

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Mehul 28 October 2016

Thank you for reply. Just to add it is completely residential area.

SHARAD CHANDRA DANEJ (Asstt. Manager) 06 November 2016

As you said its purely residential area then you can oppose collectively. Take advice of lawyer or search google how to proceed in the matter to stop the nuisance.

Thank me by clicking on thumbs up just below my profile, if you like my suggestion.

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Mehul 28 November 2016

Dear Mr. Samarpan, Thank you for your reply. I have officially complained in municipal corporation office regarding this.

Now shop keeper is telling me that he has many big references in coroporation and you cann't do anything. I know it is going to be long fight. Could you please let me know that where can I find laws\which law, which states that it is not allowed to do commercial activity in residential area?

Is it possible that I have to step back if they have big contacts? Some guidance would be appreciated.