Legality of physiotherapy rehab clinic in group housing society

UP Cooperative Societies Act / Rules and Bye- Laws adopted by the Society shall govern the subject matter which are required to be perused.

Generally residential CHS do not permit any such commercial activity other than specifically provided in the plan sanctioned by concerned authorities.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

You better to put a representation regarding this issues to your society management. 

ascertain it is legally permitted by the authorities to run a clinic. 

so as advised by the expert better to consult local lawyer and get advise and act accordingly

You can also file online grievance to the Municipality/corporation stating that a residential apartment is being used for commercial purposes.  Let them investigate into, and it is likely they have considered the resident as a professional working from Home.

Supreme court  has observed  in the case of 

R.K. Mittal & Ors. Vs. State of U.P. & Ors. Civil Appeal No. 6962 of 2005

thus:

Lack of adoption of uniform application of law has resulted in large number of cases of violation of law all over the State of Uttar Pradesh going unnoticed. The time has come for the Development Authorities to change their style of functioning and act vigilantly and uniformly, that too, strictly in accordance with law, keeping in view the larger public interest.

Under Regulation 3.12 (h), of The New Okhla Industrial Development Area Building Regulations and Directions, 2006, 

a residential building is explained as under:–

 Residential building refers to any building in which sleeping accommodation is provided for normal residential purpose with or without cooking or dining or both facilities and includes one or two or multi family dwelling, lodging or rooming houses, dormitories, apartment houses, flats and hostels.

The change in user of the building is, therefore, violative not only of the Regulations, bye laws and the provisions of the Act, but is also contrary to the law governing erection of the building.

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 v. Union of India  Anr. (2006) 6 SCC 305] wherein similar directions were issued. 

From the above dictum of this Court, it is clear that environmental impact, convenience of the residents and ecological impact are relevant considerations for the Courts while deciding such an issue.

 For the reasons afore-recorded, we would dispose of the appeals of the Development Authority, the appellants/occupiers/lessees, interveners and occupants in the following terms:–

That the Doctors, Lawyers and Architects can use 30 per cent of the area on the ground floor in their premises in residential sector for running their clinics/offices.

That for such use, the lawyers, architects and doctors shall be liable to pay such charges as may be determined by the Development Authority in accordance with law and after granting an opportunity of being heard.

In the event the misuse is not stopped within a period of two months in terms of this judgment, then besides sealing of the premises, these orders of cancellation shall stand automatically revived and would come into force without further reference to any Court.

Now in your case you being a resident and aggrieved by the said activity of the physio, you may raise an objection this activity with the association and escalate the matter with the NOIDA under reference of the supreme court judgment referred above and seek relief.