Ahmedabad: Court Restrains Pre-Primary School From Operating in Naranpura’s Ankur Society
Summarized by AI; it may make mistakes. Check important info
Summarized by AI; it may make mistakes. Check important info
A local Board of Nominees Court has restrained the commercial use of a residential property in Ahmedabad’s Ankur Society in Naranpura for operating a pre-primary school, holding that premises in a cooperative housing society cannot be used for commercial purposes in violation of the society’s bye-laws and without its approval.
The court found that Ankur Society had established a prima facie case and that the balance of convenience and the risk of irreparable loss favoured the society. However, the court subsequently granted the defendants a two-day stay on the execution of the injunction to allow them to approach the tribunal against the order.
Society Objects to Residential Property Being Used for School
According to the society’s case, Defendant No. 1 obtained membership after giving an undertaking that the property would be used for residential purposes. The property was subsequently handed over to Defendant No. 2 under a lease or leave-and-licence arrangement for operating a pre-primary school, allegedly without the society’s consent.
Ankur Society challenged the change in the property’s use, as well as alleged alterations to the construction carried out without its approval. It sought an injunction against demolition, structural alterations and additional construction undertaken to establish the school in violation of the society’s rules.
Court Cites High Court and Supreme Court Rulings
In its order, the Board of Nominees Court considered relevant judgments of the Gujarat High Court and the Supreme Court concerning the use of properties in cooperative housing societies.
The court observed that where a society’s bye-laws restrict a property to residential use, permission obtained from another authority does not automatically entitle the owner or occupant to use it for commercial purposes in breach of those bye-laws.
The court held that the society had established a prima facie case and that the balance of convenience and the requirement of preventing irreparable loss favoured granting an injunction. It also observed that permitting non-residential use against the society’s bylaws and wishes could cause hardship and legal prejudice to the society.
Traffic Congestion Also Cited
The society raised concerns about traffic congestion allegedly caused by the school’s operation. The court took note of photographs submitted in support of the contention that the property, located on a TP Road, was contributing to vehicular congestion.
The court observed that this concern further supported the society’s position on the balance of convenience.
Defendants Get Two-Day Stay to Approach Tribunal
After the injunction was issued, the defendants sought a stay, stating that they intended to file a revision application before the tribunal challenging the order.
The Board of Nominees Court granted a two-day stay on the execution of its order. The society subsequently filed a revision application challenging the stay, with the matter scheduled for a hearing on October 29.
The supplied case details mention the stay as extending until October 29, 2029; this date appears inconsistent with the surrounding October 2026 timeline and requires verification.
