• Commercial charges for clinic with less than 30% area

Delhi jal board is levying commercial charges for my dental clinic which inside a house in a residential area and it occupies less than 30% of total area.
They have been harassing us and have now sent a bill with commercial charges. They are not ready to change the bill.As per previous high court cases, they are not allowed to charge as per commercial guidelines. Can you help me solve the problem and provide the correct legal opinion/ recourse.
Asked 5 years ago in Civil Law

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14 Answers

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 

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

Water charges are levied as per the house tax assessment we need to speak to the Nagar Nigam offices in this regard and get your assessment of house connected and on the basis of that the house water tax assessment will be done and  your bill will be rectified

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Don't pay the same and file writ petition in high court for direction to delhi board

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

Dear,

        If you have copy of that high court orders, file writ petition in high court.

        High court will give direction to Delhi jal board, in this issue.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Please read Dr.DV Chug V/S State & another decided by Hon'ble Delhi High Court on July 2,2012 which very clear and specific on your point and made a representation to them annexing the above ruling if they don't pay any heed then move a petition on very point to the Hon'ble HC.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Client,

Doctors , lawyers , CA can use 30%of residential premises for consultations that would not be regarded as using property for commercial purposes and if more than 30%of flat is used for commercial purposes then they would have to pay commercial water charges , property tax for commercial purposes.

Approach HC for relief and directions.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

If you are sure that your clinic do not fall under commercial establishment especially if only 30% of the are has been utilised for the purpose of running this clinic, then you may first issue a legal notice to the authorities concerned to revert their decision. If there is no proper response then you may better file a suit to declare the same as per the existing rules in this regard and direct the authorities to do the needful 

T Kalaiselvan
Advocate, Vellore
85000 Answers
2207 Consultations

5.0 on 5.0

1) doctors,lawyers, CA can use 30% of residential premises for consultations . that would not be regarded as using property for commercial purposes .2) if more than 30% of house is used for commercial purposes then they would have to pay commercial water charges , property tax for commercial purposes

3) in your case you are not using the entire house but only portion of the house for clinic , that is permissible. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear

You should file a writ petition in high court for giving direction to Delhi jal board for correction of your bill.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1) take physical measurement of area occupied by clinic 

 

2) you can pay bill under protest file writ petition in HC against unjust demand of jal board 

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

As per the citation there is no commercial activity so the question raised by the board is against the spirit of citation and the question of 30% or 100% does not arise here.

Relevant para I am quoting below:

 

“I am of the considered view that the professional establishment of a doctor cannot come within the definition of commercial activity,” ruled justice Suresh Kait.

The court made the ruling while setting aside the penal proceedings initiated eight years ago by the Municipal Corporation of Delhi (MCD) against one doctor DV Chug, who ran a clinic at his Rajouri Garden residence.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Self declaration enough, dept. has authority of inspection to conform. Enclose pictures.

Approach HC for directions, don`t default in bills, court will order refund or adjustment towards future bills

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

Till any court or tribunal doesn't order don't pay it wait for the legal verdict

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

You can take the photo of the clinic along with photographs of the entire flat which would show the demarcation of the clinic and also the property documents copy to prove the usage of space for clinic in your flat.

First you pay the bill and later go ahead with the dispute through court of law to avoid disconnection of supply.

 

 

T Kalaiselvan
Advocate, Vellore
85000 Answers
2207 Consultations

5.0 on 5.0

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