Ours is Registered housing society ( Navi Mumbai )in which there are 2 commercial shop owned by a member. Member has leased this shop to Restaurant & PAN shop.
Our Query is —
Can a society refuse to give NOC to Restaurant / PAN shop under following circumstances?
Restaurant –
1)Our premises is a residential complex and families are residing in these apartments for which there is no need for setting up fast food center/ Restaurant / PAN shop
2) Smoke, Smell and food waste from the restaurant or fast food center will be health hazard to the residents and will also cause inconvenience.
3) Since there is no mechanism of prompt disposal of Kitchen waste and leftover cooked food, there may be health hazard to the residents
4) The drainage system is created considering residential use. However kitchen waste & waste water from restaurant’s kitchen may lead to overflowing/ choking of drainage system
5) There were 2 major fire incidence in our society. Last one in year May 2015 We understand that this restaurant shall process the food like oil frying, pressure cooking, boiling etc. by cooking gas cylinder or gas line.
6) By the said activities there is great threat of fire hazard to residents inside the society because the wall of restaurant is adjacent to our parking area. At any given time due to a possible blast of cylinder or leakage of gas , the parked diesel and petrol vehicles could lead to disaster to the society & its residents.
7) Smoke / Exhaust from the restaurant and unventilated sitting area will be dangerous and health hazard to the consumers as well as residents of the society.
PAN Shop –
1) Nuisance due to splitting by tobacco chewers, Cigarette smoking and consumption of other tobacco products which is dangerous to the health of children and senior
citizens of the society.
2) PAN shop is opened without Society NOC
Majority of society members are opposed to opening of this restaurant and PAN shop.
I C Naik
As per your mail a “Member has (already) leased his 2 shops to run Restaurant and as a PAN shop.
Now you have to issue an NOC for what?
As per your mail these are shops and obviously meant for commercial purposes. The issue needs to be examined according to what your society’s registered bye laws provide.
The other things to be examined are the “User Purpose Permission” sought by the Builder and granted by civil authorities. I have no access to either of these information to be able to advise you about what is the way forward?