Clinic in residential building

Ashok (Querist) 04 April 2014 This query is : Resolved
Dear Sir
Our building is situated in seven Bunglow, Andheri , Mumbai, it's a pure residential building. One of our society member who is a doctor wish to open clinic in ground floor flat. Our society dose not allow any commercial activity in building. And all the members are also not ready to allow him to open Clinic. But doctor is pressuring the society for permission. Is he legally eligible to open clinic in residential Co-operative Housing Society when all other members are against it.

Please suggest.

Thanks and Regards

Dhahram Chand Jain

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Devajyoti Barman (Expert) 04 April 2014
If clinic does not create any nuisance then can well continue such activities.
It should also help you in case of any urgent medical need.

Ashok (Querist) 05 April 2014
Sir
If we allow clinic in building it will creat problem for other members. We don't want to allow to open clinic in our residential building. Can he legally forced the society to allow to open clinic.
All members are against the clinic in building.

Guest (Expert) 05 April 2014
Clinic can not be a commercial activity though it is so

Ashok (Querist) 05 April 2014
Thanks for reply.
But when most of our society members are against clinic, how can we stop him from opening clinic in building.

Guest (Expert) 05 April 2014
Legally you can not stop him only by 'On Saying Please'

Ashok (Querist) 05 April 2014
Thanks Mehar

Rajendra K Goyal (Expert) 05 April 2014
Clinical activity is not considered a commercial, he may be requested accordingly.

P. Venu (Expert) 05 April 2014
Law is meant for the evolution of a civil society, not a sanitized one.

T. Kalaiselvan, Advocate (Expert) 06 April 2014
Your society bye laws will be a better judge on such issues, if there are provisions for such activities, nobody can object to it until there is a resolution passed unanimously forbidding him from practicing medicine from that place.

P. Venu (Expert) 06 April 2014
Society bye laws cannot disallow what is permissible under ordinary law unless the said bye law is based on a clear and unambiguous enactment of the Legislature.

ajay sethi (Expert) 06 April 2014
the doctor would need consent of society if he wants to open a clinic . if members refuse to grant him permission he cannot go against wishes of members of society .

Ashok (Querist) 06 April 2014
Thank you all for valuable guide.

Devajyoti Barman (Expert) 06 April 2014
welcome.......Only court can stop such functioning of clinic.

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