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Building Use - Illegal Refreshment/Hotel in Residential Area

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Urban Development

There was a time when the area of Basavanagudi especially Police Station Road was peaceful and resident friendly.

However from last 6-8 months there is a lot of commerical activities which are coming up in the residential area and the whole charm of the old bangalore is completely lost.

This is the case of a refreshment (By 2 Coffee) which occupies  No. 22, Police Station Road, Basavanagudi, Bangalore-560004.

As per the sanctioned plan of the building which we got via RTI, this was a residential building and not to be used for commercial purposes.

1. The Building is meant exclusively for RESIDENTIAL use and is in are area earmarked as residential by the BBMP (Bangalore’s Municipal Authority).


2. The building is not fit to run the refreshment services as they have converted the car shed into the place where refershment is provided to the cusotmers.

3.The customers do not have a place to sit and have the refreshments but instead have to stand on the footpath and have the tiffen.

4. No parking facilities available for the customers coming to the refershments.

 

As a result of this refreshment there is a lot of problems which the local residents are facing:

 

1. The footpath is completely blocked by the customers using the refreshment and it is becoming extremely difficult for the local residents.

2. The refershment timings are also affecting the immediate neighbours as they close the shop after 10.00 PM in the night and then start the vessel cleaning activities which goes on till 11.00 - 11.30 PM especially on Saturday and Sunday.

After complaining to BBMP, there was a closure notice which was served on the refreshment owner, dated 08-Apr-2013, which was based on  the The Honorable High Court of Karnataka (Justice Vikramjit Sen, CJI & BV Nagarathna) Order via WP 3676/2008 on 25/01/2012 directing BBMP not to sanction any buildings for commercial purpose and also to recall all commercial sanction plan in residential areas sanctioned after 25/01/2012.

However the owner has taken a stay on this and BBMP is yet to take action to vacate the stay.

When the local residents contact the BBMP officials, they say that the no objection certificate has been obtained from the neighbours and they cannot do anything.

However what the residents feel is that if this is an illegal activity/building then why did the BBMP give the trade licence in the first place.

There is also a bakery coming up next to the hotel/refreshment adding worries to the already suffering local residents.

 

Also we would like to know from the PRAJA Team/Members as to whether we can take back the no objection which was provided with a honest intent to allow the local resident to start the hotel activities.  What needs to be done?

 

Any advice/suggestions are welcome.

Comments

vmenon's picture

basvangudi

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97 users have liked.

hi,

I am part of thegroup that filed the PIL in which the Vikramjit sen order on commercial buildings came about , and aware of difficulties on ground to to get local BBMP office to enforce.

a)Would very much appreciate if you can get a copy of the stay that you were referring to.would like to bring it up to courts notice. Not sure however if  the stay relates to the Cjs order or is on some other basis.

b) As far as i know there is no legal sanctity to "neighbours permission" 

 

Unfortunately in most such case, separate writs need to be filed, or citizens need to implead into the stay proceedings.

If truly there is a contempt of court by BBMP , then ;legal notices to BBMP officers by name gets them moving.

 

not a simple fight, i know !!

vmenon

 

 

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