Can legal action be taken against welding shop running in a residential area?


You will have to check your municipal laws about the kind of shops and establishments allowed in your locality.
If a welding shop isnÕt allowed in your area, you can straight away make a complaint against them and if they are allowed and have a valid license then no action can be taken against them.

You can complain the matter to District Administration, Development Authority and concerned Municipality Department for operating a commerical shop in residential area.
and you can also seek a remedy by filing a civil suit for getting a decree of Permanent Injunction.
Order 39 of the Code of Civil Procedure deals with injunction. An injunction is a judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing.

Section 91 of the Code of Civil Procedure also lays down the procedure to file a suit in case of public nuisance.
It states that in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,-
(a) by the Advocate General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.

Reference: Code of Civil Procedure, 1908



Ask FREE question
Ask Question
Eg - Start with How, Why, What, Should I, When will...? etc
Thank you.  Please share the below details
* If you are outside India, mention WhatsApp Number with Country Code
Place of Property / Employment / Legal Issue / Residence / Your City