shiva786 (n/a) 12 February 2012

Commercial use of residential property

Dear Colleauges,

Need your expert advice, help and suggestion, below is the case

I have purchased a flat on 3rd Floor in a apartment of 5 floors. 1 and 2 floor are passed as comerrcial and 3 onwards residential by Muncipal corporation. On 3rd floor two adjacent flats are owned by a single person (Doctors)...they have broken the wall to connect both and have opened clinic (Dental and Cardiologits) on residential passed flats. We are a registered society and have sent them a formal letter taking objection on this for which they have not responded. Pls. note that they are not yet part of the soceity as members.

Below are my questions

1) Is there any law which enables them to continue operating the clinic

2) Can this be prosecuted under law and kindly advice the steps that we need to take

3) If we continue with legal is there anything that will go against us.

4) can they go against the muncipal passing in any case without approval from society (i dont think so) Pls. advice

As per the completion certificate issued by the Muncipal corporation it explicitly states that it is passed as residential. Property is in Pune. KINDLY HELP AND ADVICE

Warm Regards,

Reply Follow

3 Replies

Nandagopal Rao (Retainer) 13 February 2012

Change of user is not permissible unless there is permission from local authorities such as Municipality/Corporatoin/Panchayat as well as from the Housing Society if the premises is situated ina housing society complex. However, there is a decision stating that one room in a flat can be used as office, such as using of one room as office by advocate, chartered accountant, etc. If there is a Society, you have to write complaint to the Society and if no action is initiated, write to the Registering Authority of Society with copies to concerned local authoritites.

prasad hari chaudhari (vp) 14 February 2012

Please check bye laws. Clinic can be opened in residential premises.

regards,

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 06 March 2012

Your society must be coming under the Maharashtra Co-operative Societies Act, 1960. Your Society also must be having byelaws. If it is a recent Society, you would have adopted the model byelaws. Though these byelaws can be amended, in the first instance they have to be registered without any amendments. Even if amended there will not be any major ones. The following are the mandatory requirements under the laws which evidently the doctors have not followed.

(1) In order to occupy a flat a person has first to become a member of the Soceity. How did they come to occupy the flat without becomig members?

(2) In order to make any addition or alteration, the permission of the Society should be obtained first and thereafter permission of the Municipal Corporation.

(3)For change of user also, permission of the Society has to be obtained first and then of the Municipal Corporation. The Corporation will generally increase property tax for commercial use. Some people bribe the Municipality and get registration without the knowledge or permission of the Society. That is illegal.

The remedy for any or all these breeches is only the Co-operative Court. The Complainant in this case is the Society and not individual members, though individual members have a right to complain. Registrar generally entertains complaints from individual members against the Society only and not from one member against another member or from the Society against a member. Everything said and done the Registrar is very lethargic in these matters.