SC has held that 30 per cent of residence can be used by doctor , lawyer , architect for his office
2)in Civil Appeal No.6962 of 2005
R.K. Mittal and Ors. Appellant(s)
VERSUS
State of Uttar Pradesh and Ors. Respondent(s)
An ancillary question that comes up for consideration
is as to how much area can be permitted to be used by a doctor
to run his clinic or by a lawyer or architect to run their offices
in the residential sector. If other conditions are satisfied, then
as the law stands today, according to the Development
Authority, they can be permitted to use 30 per cent of the Floor
Area Ratio (FAR) of the ground floor for their clinics/offices.
Reference can also be made to the judgment of this Court in
the case of Delhi Pradesh Citizen Council Vs. Union of India &
Anr. [(2006) 6 SCC 305] wherein similar directions were issued.
We are not only relying upon the precedents of this Court, but
such an approach would also be permissible in face of the
Regulations, terms and conditions of the lease deed executed
by the parties and the Master Plan. It would, therefore, be
suffice if 30 per cent of the ground floor area is permitted to be
used for office of an architect/lawyer and for clinic simplicitor
2) commercial assessment cannot be done of residential premises . File writ in HC