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
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commercialisation
A few pointers /inputs.
a)it is not possible to get a stay on the high court order of the Chief justice court .A lower court has only to be told of the CJ's order.It has happened in a few cases .
b)Any commercial sanction or trade licence given after CJ's order ( 25/1/2012) amounts to contempt of court.BBMP has given an affidavit in court that all sanctions given have been withdrawn.
c)There is really no such thing as "neighbours consent" in the sanctioning process.
The High court order which we had got, has an omnibus effect , but each case on the ground has to be spotted and fought separtely under the cover of the High court interim order.
in cases such as this, course of action should be as follows.
a)Ascertain facts absolutley
-That the area was residential in the 1995 CDP ( it would have been).
--That commercial sanctions or trade licence was given after 25/1/2012( if at all)
--Write formal letter , preferably as an RWA or even as a group of people, to concerned BBMP official , claiming contempt and warning of proceedings .against them.If one goes to the higher ups on this they will move .
--Go to the legal department BBMP Ho for exact status,
Actually go to the lawyer arging the case for BBMP and brief him directly!!If right pressure and fear of god is pout ion the legal depoartment , this can be done and has been done in the past.
.
--implead in the case ( the particular case ) where the party got the stay, and inform the magistrate( must be a civil court) of the real story.( that is if BBMP still does not do anything).
--But do make sure if there is a sanction given at all, cos there is another scenario where this is going on without any sanction given at all, and ironocally that is harder to fight.
hope this helps.
vijayan menon
98860 31420( call for clarifcations)
Commerical Use
Dear Vijayan Sir,
Thanks for the update. I did check and got the update that the stay is obtained by the hotel BY 2 Coffee at High Court.
Do send me your mail ID so that I can send the stay order copy.
The stay order does not say anything just that status quo need to be maintained.
The case is pending since Apr'2013 onwards.
Regards,
APS Team