1) whether doctor has taken prior permission from society ?

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

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.

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.

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.

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

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.

You can not stop

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

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,”