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  • 13 years ago
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Respected Raghu Sir, ********** **********. Just now i had a chance to watch you on Kutch Samachar. Had almost lost ********** in Indian System before a few minutes after what myself, my family and other residents of

Reported on January 11, 2011 from Bangalore , Karnataka  ι Report #33877


I am sorry, I was not able to respond earlier to your story. In ideal circumstances, every city is to prepare a comprehensive development plan (CDP), with participation of the people and after much public consultation. This plan is to designate areas into zones and then enforce this plan. We in India do things differently. We make the plan without much consultation. Then we notify it and ignore it. Why does this happen? This is because decision making on zoning is done by the BHADA, which is a nominated body and is not accountable to people through their representatives.



In most cities, there are no strict rules prohibiting conversion of a residential plot to that of  commercial activity. To get a commercial license all one needs  is a No-objection Certificate (NOC) from neighbours, owners consent letter, tax paid receipt and khata extract. At the time of granting of trade license there is no investigation done. As long as the person declares it as commercial property and pays tax the BHADA (or the Municipality) usually does not  have any issue.



The Municipality can cancel or suspend any license granted if it is of opinion that the licence conditions have been violated.  However, whether it will take action accordingly is anybody's guess.In such circumstances, there seems to be no nswer except to organise a strong protest by involving all the neighbours. Please file RTI applications to obtain copies of the licence given to the party. Please check whether the neighbours consent has been taken in the first place. If not, you have a very strong case to insist upon the licence to be withdrawn.



I would suggest that you file court proceedings under Section 133 (relating to removal of public nuisance) of the CrPC, before the District Collector. It will also be useful if you file cases against the offending parties before the Pollution Control Board at the State level.

What is your reaction after reading this report?