• Garbage collection happening in a place not approved in plan

Hi, 
The association is enforcing garbage selection in a place which is not in the approved BDA / BBMP plan. This place is close to the area which sells food items including fruits and vegetables. Can we get a legal stay against this?
Asked 1 year ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

Issue notice to association to enforce garbage collection in area earmarked for same  in plan 

 

if association refuses  then obtain courts orders restraining association from doing so 

Ajay Sethi
Advocate, Mumbai
97489 Answers
7881 Consultations

Society is empowered to take decisions. You should write to society showing your concern. You can also file suit for injunction against society. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

If there's any resolution passed by the general body meeting of the association in this regard. 

If it's not then you can plan accordingly 

T Kalaiselvan
Advocate, Vellore
87691 Answers
2354 Consultations

You can complain to corporation and change the place 

Prashant Nayak
Advocate, Mumbai
32857 Answers
209 Consultations

- Since, that garbage selection place is not approved and near the vegetable market , then it can creates hazards for the people 

- You can file an Injunction Suit before the court for removing that garbage collection . 

- However, before filing the suit , you can send a legal notice to the association for removing the same. 

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

You can complaint to Commissioner BDA/BBDA. Under BDA Act throwing rubbish at places not marked for is an offence punishable with penalty and if continued with severe penalty. 

Ravi Shinde
Advocate, Hyderabad
4406 Answers
42 Consultations

Yes, you may bring an action against the association and its office-bearers at the proper court in consultation with a competent lawyer, through whom you arrange to send a notice first.

Swaminathan Neelakantan
Advocate, Coimbatore
2960 Answers
20 Consultations

Stay will grant

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

To determine whether you can obtain a legal stay against the enforcement of garbage selection by the association in a place that is not in the approved BDA/BBMP plan, it is advisable to consult with a local legal professional who specializes in property law or municipal law in Bangalore, Karnataka. They will be able to provide you with accurate and up-to-date advice based on the specific laws and regulations applicable in your jurisdiction.

 

In general, the legality of the association's enforcement of garbage selection would depend on various factors, including the relevant local laws and regulations, the terms of any applicable property agreements or bylaws, and the authority granted to the association to enforce such measures. The approved BDA/BBMP plan may also play a role in determining the permissibility of certain activities in specific areas.

 

A legal professional can review the relevant documents and advise you on whether the association's actions are lawful and whether you have grounds to seek a legal stay or challenge their enforcement. They will consider factors such as zoning regulations, health and sanitation laws, and any contractual obligations that may exist.

 

 

Anik Miu
Advocate, Bangalore
10379 Answers
121 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer