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Author Topic: unlawful sealing of shops  (Read 744 times)

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Offline prabhuthenath

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unlawful sealing of shops
« on: September 03, 2015, 10:20:01 PM »
I am a shop owner in one of the G+4 bldg(arnd 33 yrs old) in Thane. TMC has issued sec 268 (BPMC) notice to our bldg and sealed only ground floor shops. No notice was given to shop owners before sealing the shop. Moreover, as per them bldg is in dilapidated condition but as per structural audit report, bldg is not dilapidated but repairable. TMC has not sealed residents residing above our shops.
As per my understanding, TMC has unlawfully sealed only the shops. TMC should either open our shop seals or  seal the entire bldg bcoz as per them bldg is in dilapidated condition.
Pls advise what should we do to solve this issue.

Offline adv.amarnath

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Re: unlawful sealing of shops
« Reply #1 on: September 04, 2015, 08:15:32 AM »
TMC cannot over power to seal all shops. There must be Government Notifications to get power to seal all shops else it will be illegal and not lawful. All the shop owner's can challenge the same before the Hon'ble High Court or you have to file a suit for Declaration, Recovery of Possession and Permanent Injunction.
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Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline prabhuthenath

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Re: unlawful sealing of shops
« Reply #2 on: September 04, 2015, 09:38:06 PM »
Thank you Adv Sanyal for your inputs. Can you throw some light on the meaning on 'file a suit for Declaration, Recovery of Possession and Permanent Injunction'. And how time it will take to get the seal opened if we follow the high court route?

Offline adv.amarnath

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Re: unlawful sealing of shops
« Reply #3 on: September 04, 2015, 11:45:27 PM »
I cannot disclose the legal procedure and my tactics in an open forum due to my professional and technical reasons. You can contact me for detail consultation and case study of your matters with all soft copy of relevant papers to my email address.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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