Legal Assistance (mananger) 19 April 2013

Clinic in residential apartment - is it allowed?

A doctor has started a clinic in his residential apartment. This is inconveniencing other residents.

We have a Residents Welfare association which is not taking any interest in this matter.

The Sale Deed specifically states that no commercial activity can be started in the premises.

Any pointers to how we can stop this clinic? Thanks in advance.

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5 Replies

Tajobsindia (Senior Partner ) 19 April 2013

Annexed is a Judgment from ALD HC and the essence of decision is that professionals can practice at home in an area around 30% of their floor area like doctors and lawyers and does not come under commercial activity.

In the Annexed Judgment the doctors have crossed the limit of 30% of floor area and gone to the extent of admitting patients which of course are not permissible.

However there are various judgments of Hon'ble SC and from various HCs' that says there is no bar for doctors, lawyers and chattered accountants to practice at their residential flat / apartments as long as they do not use the substantial portion of the flat for profession.

Attached File : 96567743 doctors inhouse practice (all hc).pdf downloaded: 1070 times

Legal Assistance (mananger) 19 April 2013

Thanks for your reply. Appreciate it.

I think it is on a case by case basis.

I believe there are a few cases too where the doctors have been asked to close down their clinics. Will hunt these cases up.

A related question would be, should not such doctors pay commercial rate for electricity connection, water services, etc instead of the domestic rate?

sheetal zende (manager) 26 November 2018

No way. Doctors service is more essential than our legal services. Doctors save live by their immediate presence of mind. If you mess with good things, you or your family member ( also mine & others ) life may be lost. Do good things. Supreme court has allowed doctors to practice, keeping them out of commercial establishment acts. I personally feel like fighting for decommercialisation and decorporatisation of medical profession. Reduce power and water tax etc do that they can buy more equipment , charge us less and do more good. Good doctors are more important to the society than us lawyers. Sometimes people among us fight to save criminals and punish innocents . They should be ashamed for spoiling the reputation of lawyers in the society. Fight to get more doctors in your society .

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Anand 13 September 2019

@Sheetal ji agree with you 👍