Prevention of dental clinic in society
shalini
(Querist) 29 January 2014
This query is : Resolved
Dear Sir,
One of the flats was sold on the ground floor to the dentist 2 yrs ago wherein the dentist had given an undertaking that he will not open the clinic at the time of obtaining NOC from society and even signed the Form 4 . its a 1RK 280 sqft flat and remained empty since last 2 yrs .he doesn't stay here Now he is wanting to start a clinic and says he doesn't need society permission. He was present in the AGM wherein resolution was passed that no professional activity is allowed in society premises since all are senior citizens . Need your help to prevent him from setting up clinic
Advocate M.Bhadra
(Expert) 29 January 2014
In this case Society by laws are applicable,you must see the Sanctioned Plan of the Municipality for construction of residential apartment in itself is a condition that no commercial or professional activity could use in such apartment,but you also see by laws of the Society that the owner can use such flat for his own business or profession. After compare with sanction Plan you can complain to the Municipal authorities about the same and also get a stay from the court,so Society can file a Suit for Declaration and Injunction under order 39 Rule 2 A of C.P.C restraining the owner of such flat letting it for commercial or professional activity.
