File writ petition in HC to direct BBMP to issue trade licence
2) take the plea that there are other commercial establishments in the area against whom no action has been taken and you are being discriminated against
Trade licence Not issued due to RWA complaint.
My client is runs an Ayurvedic centre(run by some senior doctors) in Bangalore in a BDA location on a corner auction site, the road is a fairly busy street and hence not suitable for residential housing. Its a corner property and the road width on one side is well over 40 feet(as per BBMP norms) as its got a storm water drain and again another road next to the storm water drain. Now the Municipal body BBMP has refused to issue a Trade licence stating that the RWA(residential welfare associaton) has objected to all commercial activity in the entire neighborhood. Whereas there is no notice or any letter till date from BBMP or the RWA nor even a board to state that commercial activity is not permitted. They have not invested heavily on interiors and the business and due to some RWA complaint the BBMP trade licence officer says he cannot issue a trade licence? Whereas at the same time there are several other business in the same area that are running their business and no notice sent to any establishment. How are the clients options to get this trade licence, can they pay online and apply for it. Is there a way to put a stay on this BBMP trying to close the business based on some random complaint made by RWA for the entire block being used as commercial.
Asked 9 months ago in Business Law
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4 Answers
If you have received the communication rejecting your application for trade license from BBMP then you can approach high court with a writ petition against the authorities concerned and implead the RWA as necessary party seeking relief. Before that you should confirm that you have not violated any rules of the conditions in this regard.
You can also mention that there are plenty of shop commercial establishments in the same residential zone or in the neighborhood, to which the authorities have closed their eyes and this is being done on some vendetta.
Yes they can apply without rwa interference
- As per Delhi High Court, the professional establishment of a doctor does not fall within the definition of commercial activity , and Doctors can use 30%of residential premises for consultations that would not be regarded as using property for commercial purposes .
- Further, one can use the bungalow/ flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature, and it should not cause nuisance to other dwellers of the society, but, approvals from the housing society are required.
- Since, your location is not a part of the RWA , then the rules of the association cannot applied in your case, and the said refusal by the BBMP is against the law , and hence you can send a legal notice for the same.
- If no response then approach the court against the society and the BBMP.
