• Using flat for clinical laboratory

A doctor has opened a clinical lab in the one BHK flat in society on the first floor in Municipal area. He also has a clinic in the same building in the commercial part i.e the row of shops in the ground floor. He says that the medical practice like legal practice is not a commercial activity. Secondly he also refers to the government of Maharashtra notification number TPS-1812/157/CR 71/12/REC No 34/12/UD 13 dated 21 Nov 2013 -standard Development Control Regulation and Promotion regulation for Municipal Council and Nagar Panchayats in Maharshtra . In the Part III para 22.1.1 sub para iii of tha above he says government has permitted the use of pure residential areas for clinic and pathology lab. He is also a society memeber. In what legal means we may stop his laboratory.
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

1) whether doctor has taken prior permission from society ?

2) he can use the flat for clinical lab only with prior permission of society

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

In clinical and pathology lab many human waste and rotten body parts are examined and tested which is not conducive for human habitation.

So the doctor is not saying the right kind of things.

Even if the notification or part of it is his favour you can always challenge its efficacy before the high court under its writ jurisdiction.

So since the doctor is running the lab under license issued from the Municipality you can challenge the same in high court by filing writ of mandamus and certiorari seeking quashing of the notification.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

Dear Client,,

Such units can operate in residential area until activities do not involve hazardous substance or process.

In one the judgement by Delhi High court upheld the paths labs in residential area. Read Below -

http://www.thehindu.com/news/cities/Delhi/hc-ruling-on-path-labs-in-residential-areas-welcomed/article7639541.ece

It can be curb only if found unhealthy to inhabitants. Rest, proceed acc. to society memorandum.

Yogendra Singh Rajawat
Advocate, Jaipur
22984 Answers
31 Consultations

This is debatable whether a pathological/clinical lab operate from a residential area.

However, you can take your chance by sending a legal notice to this Doctor, calling upon him to immediately shut down this lab.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hello,

You may challenge the same if the same is causing some nuisance to you i.e., he is carrying on some pathalogy work there which is not good for human habitation, or he is dealing with some hazardous substance.

Has he taken the permission from the society?

Also you will have to file a suit for injunction if the same is causing nuisance for the residents of the society.

If he has the defense of that notification then challenge the notification before the HC, the notification being in violation of Article 21 of the Constitution of India.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

1. A Doctor and a lawyer can carry on their practices from their residential flats even those flats are situated in residential areas.

2. However, running clinical laboratory for pathological examinations will not be permitted to be run in a residential area and he shall have to avail license/approval for the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

You can not stop

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Hello sir , you can collect the photographs of Clinic and patients as a evidence and can file a suit for permanent injuction in court . Also file complaint at the municipal corporation office

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

While full commercial usage of residential apartment is often opposed by the housing societies, however a fixed area can be legally used for this purpose. This area, however, differs from state to state and can even vary within the city.

Services by resident advocates, chartered accountants, lawyers, doctors are some of the approved commercial activities in any residential area.

There is no specific provision for conversion of the use of flat from residential to commercial. One can use the flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature. In addition, it should not cause nuisance to other dwellers of the society.”

However, necessary approvals from the housing society are required. “It may also be necessary to obtain permission from the local municipal authorities for conversion of the flat into a commercial establishment depending on the nature of the business,”

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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