Legal Question in Real Estate Law in India

Sudershan Goel: Illegal use of residence property for Nursery School use

Sudershan Goel, Attorney at Law

Sir below are the details

My Query regarding whether Residential property can be used for commercial purpose i.e. opening a Nursery school. I am struggling with Pune Municpal corporation since July 2007 on such incident of opening a Nursery school in one of the society in our colony.I have taken up this problem thru RTI dated: 11/02/2008 with Pune Municipal Corporation reply date 03/03/208 to my RTI query period of notice issued to concern school operator expires on 29/02/2008 and according to sec 53(1) school operation stop if school operation does not stop then as per sec 52 case will be transferred to Police for further action. Hence I have been pursuing this case in each Lokshahi Din with PMC. Finally I received letter from PMC quoting concerned school operator has submitted fresh plan for use of the residential property and is waiting final decision, nothing heard from PMC on this subject even after sending reminders and providing PMC information that school is not paying commercial tax as well as using domestic electricity. Finally to my shock the school reopened wef 4th June 2009. Need information Development control rules etc on this subject and mainly High Court ruling passed.

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