Residential apartments and colonies are being robbed of their peace and tranquillity due to increasing commercial activity on their premises.

A large number of flats located in once purely residential lanes and bylanes are being converted into IT-related offices, godowns and even restaurants. The failure of the GHMC officials in taking action is only adding to the woes of the residents.

As per the Hyderabad Municipal Corporation Act, conversion of residential premises to commercial use is illegal. The municipal authorities have to seize the building, if the owner does not revert to residential use after notice is served. But, the GHMC is yet to take action against such errant owners. In fact, in a large number of cases, it is encouraging commercial activities in residential buildings by collecting property tax under commercial category, which is two to three times more compared to residential category property tax.

Also, the civic body is issuing trade licence to such establishments, thereby not only earning trade lic-ence fee, but also giving a sort of covert approval to the owner of the commercial establishment to continue business against the majority decision of the apartment residents.

“My father purchased this flat after his retirement. Our building is sanctioned and approved for residential purpose. Out of 17 flats, as many as four are being used for running a BPO with 80 employees working day and night, due to which the families living in the other apartments are facing lot of inconvenience and insecurity. The employees create an unhealthy atmosphere. They pass comments and don’t make way when women pass through the corridors. We want relief from this nuisance caused by commercial activities,” said A.V. Kumar of Banjara Hills.

This is not an isolated case and it is estimated that nearly one lakh residential buildings in city have, either totally or partially, converted the land use for commercial purpose in violation of building rules.

“The number of shops are only increasing in our colony. Our children playing in the lanes and bylanes after school is history now. Goods vehicles come and offload things here. There is always the risk of children being run over by these goods vehicles. The drivers of these vehicles pass comments onwomen in the colony. They urinate on the compound walls of the apartments. Despite complaints, no authority has taken cognisance or acted to shut down these commercial enterprises in residential buildings,” said K. Jeevan Kumar of Sindhi Colony.

Another resident, M. Jayraj, said that over two dozen families have sold their houses in Sindhi Colony and shifted to other areas, unable to bear the nuisance caused by this commercial activities. “We can’t even drive our two-wheelers up to our apartments as the road is blocked by trucks. The truck drivers are rude and say the roads are not our father’s property,” she said.

Residents complain that the employees use the common parking area and personal parking area of the members to park their vehicles. In some cases, managements of commercial establishments have installed generators without the permission of the apartment’s welfare association.

“The employees use our common resources like water, power, drain-age, parking, corridors and lift, for which the residents pay maintenance fee. In our apartment, the owner of a commercial establishment uses the garden area as his parking place, ” said Sudha Rani, a resident of Begumpet.

Authorities respond to queries

Hyderabad municipal corporation act states that conversion of residential premises for commercial use without permission is illegal.

Can a building sanctioned for residential purpose be used for commercial activity?

GHMC Chief City Planner (CCP) G.V. Raghu: No. Change of usage of building without permission is illegal.

Can a person run a call centre or BPO in a residential building with 80 employees?

CCP: No. Commercial establishments cannot be run in residential buildings without permission. Even this permission is given after verifying the master plan for land usage. Also, several factors like adequate parking area, safety measures, NOC from residents have to be provided in order to take permission which is issued based on the land use as shown in the master plan. The land use can be changed only by the government after issuing a G.O. changing the land use.

Which government authority can take action against errant people who run commercial units in residential spaces?

CCP: The Town Planning Section and the Health and Sanitation wing of GHMC can take action as per the HMC Act. There is also a provision to levy penalties for violation of building rules. The GHMC can also write to the Water Board and Central Discom to disconnect water and power supplies.

What action do municipal authorities take against such misuse of the building on written complaint by the Residents’ Association? If municipal authorities don’t act, who should the residents approach?

CCP: The Health and Sanitation officials will issue a notice and have the authority cancel the trade licence. Subsequently, the Town Planning wing is empowered to seal the flat. Residents can approach senior officials in the municipal administration department against GHMC’s inaction or even go to court.

Do residents need to register a complaint with the Town Planning Officer?

CCP: Yes, but first the complaint should be lodged with the Health and Sanitation wing of the GHMC, followed by the Town Planning section. Residents also have to lodge a complaint with the deputy municipal commissioner of the local GHMC circle office.

How is trade licence issued by the municipal authorities without checking the building sanction plan?

CCP: As per rules, trade licence has to be issued only after verifying with Town Planning section about the usage of land and category of building permission approved.

Under what Section can residents register a police case? Many members believe that the police will not entertain such a complaint as it is a civil matter.

Deputy commissioner of police (North Zone) Srikanth: Residents can approach the police and lodge a complaint of public nuisance being created. But the fine is only `200 or so under the City Police Act. Even traffic police can be approached on grounds of obstructing traffic in lanes and bylanes. The police will provide security to GHMC if it takes action.

Can residents register a complaint against such a company with the Human Rights Commission as it disturbs the mental peace of the residents and also raises security issues?

Government pleader Ram Gopal: Yes, they can approach the State Human Rights Commission.

What directions has the court given in earlier cases of this nature?

Ram Gopal: It will take time to refer if there were such cases.

If residents want to take the matter to court, can the judgement be expected immediately or will it be dragged for years together as is the case with most of the civil cases?

Ram Gopal: Residents may first submit a representation on behalf of the Apartment Association to the GHMC and take an acknowledgement. If no action is taken after a week or two, they can file a writ in the court seeking directions for vacating the commercial establishment by implementing the permission which was granted originally by GHMC for residential purpose. Regarding the duration of case, an interim stay may be granted. Delivery of judgement depends upon several factors like ingredients of the case and the arguments put forth.