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Bharat Mody 19 November 2022

Housing society approving nursing homes already existing for decades

In our society there are two nursing homes and and a physiotherapy clinic in 25% of the property for decades. Can the housing society allow commercial and nursing homes by a general body resolution to allow them to continue. Many society residents have benefitted by these nursing homes and clinic. In the Noida case the court had left to Noida the authority of the scheme to allot them alternate premises. We would like all properties in the road facing part of the society where these doctors are utilizing to be permitted to continue as they are already operating for long without using internal society space. In one nursing home govt. Had opened a COVID facility

Can this be done?

1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 July 2025

This is a nuanced situation, and you're clearly advocating for a thoughtful resolution that balances community benefit with legal compliance.

Here's a breakdown of how this could potentially be approached:

🏥 Existing Medical Facilities in Housing Societies Long-standing use: If the nursing homes and clinic have been operating for decades and are road-facing (not infringing on internal society space), their continued presence may be seen as de facto accepted by the community.

Public benefit: The fact that residents have benefited from these services — and that one was even used as a COVID facility — strengthens the case for their continued operation. 🧾 Legal and Regulatory

Considerations Zoning and land use: The key issue is whether the property is zoned for residential use only, or if limited commercial activity (like clinics) is permitted.

Local municipal laws and development control regulations will govern this. General Body Resolution:

In many jurisdictions, a housing society can pass a resolution to permit certain activities — especially if they are beneficial and non-disruptive. However, this resolution must not violate municipal or state laws.

Noida Case Reference: In that case, the court deferred to the local authority (Noida) to decide on alternate premises. This suggests that local planning authorities have the final say, even if the society supports the use.

✅ What You Can Do Consult the local municipal authority or development authority to confirm whether such use is permissible or if a change of land use is required.

Pass a General Body Resolution formally documenting community support for the continued operation of these facilities.

Request regularization or formal permission from the local authority, citing public benefit, historical use, and the absence of encroachment on internal society space.

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