Restaurant in Residential Property - Objected by Neighbour Restaurant in Residential Property - Objected by Neighbour

5 years ago

Dear Sir,
I am going to start a chinese restaurant (NO ALCOHOL, NO DANCE, NO LIVE MUSIC) in a RENTED RESIDENTIAL PROPERTY in KOLKATA. The owner of the property has given no objection for my restaurant.
Now one neighbour of the restaurant has objected on the restaurant operation and threatened to issue an injunction from court to stop the operation. His points are
1. Commercial operation can not be run in residential property, even if trade license has been issued by Kolkata Corporation (Is it right?)
2. As he is sharing a COMMON WALL with the restaurant property, if he objects restaurant can not start (Is it possible?)
3. As the building plan was sanctioned in common. (Restaurant address 23 Russa Road, HIS address 23/1 Russa road), commercial operation can not be executive if he objects (Can he object?)
4. The restaurant will violate his right of privacy and peace (Though it has complete separate entry from other side (What law is saying for this?)
Kindly suggest me the solution for ab

Tanima Das Ghosh

Responded 5 years ago

A.If you have trade license for commercial use and in the same area other commercial activities are going on, you can do....
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Nirmal Chopra

Responded 5 years ago

A.Consult an architect who can better tell about building laws of Kolkata.If law permits then go ahead .otherwise NOC of owner of the premesis is not relevant.
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GANESH SHARMA

Responded 5 years ago

A.Only one thing is valid that commercial operation can not be permitted in residential areas . He may take injunction on this ground only and other grounds will add fuel to the fire
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