What all Legal activites are allowed in Residentail Areas

Gym can be permitted in residential area but as of sound disturbance you can issue a notice to the gym manager and if you see no response you can file a police complaint (nuisance) and a complaint with MCD for parking problem as well.  If MCD is not responding... you can file a consumer complaint against MCD.

you please first request to gym manager to maintain the sc guidelines for sound and for parking systems. if ignored by them tell to your building owener. if not attended, then fir against the gym.

That is fine but is there a list as to what all one carry on in residential areas???

Anything not barred (eg. like prostitution) or specifically controlled (eg. like public nuisance) by law is permissible.  No such separate list of approved things exist.

1.   The  "Shop & Establishments Act",  as applicable and enforced by respective Area Municipal Authoritites,  define the self-employment activities that can be carried on in Residential Premises.

 

2.   If the residential premises is a  "Cooperative Housing Society" which is registred under the Cooperative Soceities Act,  the  approved bye-laws of such society also define the activities that can be carried on in Residential Premises.

 

3.  "IF"  the aggrieved  person takes a few signature of his neighbours on a  "common petition" opposing & confirming the "distrubance & nuisance", by the "gym".  AND submits to the following :
i)  The local police station,
ii)  The local muncipal corporation
iii)  The society
iv)  The local corporators office
v)   The local politicians office
vi)  The manager of the Gym
vii)  The regional transport office (RTO)

 

THEN THE FOLLOWING CAN BE ACHIEVABLE, LEGALLY :
a)  An application u/s 133 Cr.P.C. to the local magistrates court
b)  A dispute-cum-compensation application to the District Consumer forum
c)  An petition to the Cooperative Registrar
d)  An petition to the RTO, to maintain parking free zone and enforce vehicle-tow rules
e)  several others

 

Alongwith above,  file a WP at the state HC, asking restraining orders on the Gym's functioning hours and noise levels and directions to the appopriate authorities for compliance of respective laws.

 

REFER following judgements pertaining to "LEGAL" usage of residential premises :
a)   V.Sasidharan V/s Peter and Karunakar (1984) 65 FJR 374 (SC)
b)   Dev Brat Sharma V/s. Dr. Jagjit Mehta C.A. No. 4216 of 1988
c)   Devendra M. Surbi V/s. State of Gujarat (AIR 1969 SC 63 6T)

 

BTW,  in contrary to what Adv.Gundlapallis has mentioned above,  there is no restriction for conducting  "random"  "prostitution"  work for inevitable self-sustainance,  from residential premises,  IF IT DOES NOT CAUSE "PUBLIC  NUISANCE"  to other neighbours.

 

Keep Smiling .... Hemant Agarwal

Ha ha.. hemanthji... enlighted

thank you

i requested as per mentioned above

i r first requested to the gym manager and given in written also please keep your music level low and they already implemented it

but the other problem of parking still exist as when i come back home in evening late i couldn't find a place to park my own damn car :(

as many of you given me solution of filling a petition to RTO and MCD and local politican

 can anyone tell me how i can proceed with it

and what if no action is taken what are my steps then

because they monthly bribe the traffic police ppl(what we called hafta or chadva)

Hello,

You just launch an police complain, they are bound to take action in residential zone. Mention the points of harrasments done. like noise, many people coming and goin. Keep your other flat member to sign the application and give it to police station and take signed copy.

It will help you. And no action taken send a copy fo commisioner office.

Come on lawyers guide him properly buddies.

Regards

Director

Human Rights Foundation of India

 

 

 

Hi everyone.

 

I have a problem with my neighbour. We live in old style house. It is owned by us. There exists some portion of our house which land up in our neighbour area like our balcony etc ( as we live on first floor and problem with ground floor people )

Whenever we have to do something they have problem. It is in our area we need to accomplish something but they claim it would disturb them somehow and create disputes. The level of disputes are so much if we dont agree to there demands they simply claim of calling police, which they do also . Then they call us with names if we have problems with there issue.They feel the rain water should be divided equally and which ever should belong to our area should come to our area only . If we wish to cover it with fibre sheet or something. They create problem and ask for equal distribution of rain water.

 

She creates problem when we are in high problems like if one of our family member is in hosiptal or there are function at our home. They are misusing our simplicity.

 

Can u suggest how should we legally follow on .

Its not easy to live someones  house and shift to some other area. :( 

I am looking for desperate help. And this time we really want to show them if we are silent to there demands and nuisance we are not idiots.

 

i have recently sifhted to delhi. I am into fashion , flim and media industry.

i wanna know what all legal activites can be carried out in a resdential area's according to delhi govt or mcd act.

CAN I OPEN MY OFFICE IN RESIDETIAL AREA.

THANKS 

CAPIL VERMA 

 

Can a society have a Gym operating without a Gym Instructor? Is there any law prohibting the same? What can be consequences in case of any mishappening?

capil, you have not specified what exact nature of business you want to run fron residential area. If you want to run a fashion boutique that is permissible but only in a shop not exceeding 20 sqm.of area situated on the ground floor of the building and if in media you are a documentarfilm maker then of course you will be permitted to run your office from tje residential area. For any other activity related to fashion or media you have to search a place located on notified streets or proper commercial areas.