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Owner of commercial unit wants to run nursing home in society

(Querist) 03 June 2014 This query is : Resolved 

Our building is of (C) type building. The two sides are of eight floors and front road facing is ground + one. There are about eight shops on a ground floor which are front facing and first floor (equivalent to eight shops) is a single unit which is as per Building Plan is commercial and has separate entrance from front side.

Now owner of the first floor (single unit) wants to run a Nursing Home. He is planning accordingly. The owner has taken a separate commercial water connection for this unit. In our society Property Tax is paid by individuals directly to BMC. The owner of the Unit is paying the property tax for the Unit at commercial rate of his own.

We are going to hold our AGM by the end of the August this year. The owner of the Unit has orally said the Managing committee that BMC wants NOC from the society for Nursing Home to be approved by General Body of the Society. He is going to give a letter to society asking for Society’s NOC for Nursing Home.

If the owner of the Unit submits his letter for society’s NOC
1.How society should discuss this issue in AGM?
2.How the NOC to be issued? What points to be included in NOC?
3.Any documents to be demanded from the owner of the Unit?
4.Any undertaking to be obtained by the Owner of Nursing Home?
5.Whether Society should ask any copies of permissions from respective departments of BMC?
6.If the owner of the unit wants to make any alternations or changes in the premises whether society can ask to get certificate of such plan from BMC or approved architect?
7.On what grounds society or the members in the AGM can raise objections on NURSING HOME?

Knowledgeable persons are requested to guide on the issue so that there will not be any nuisance to residents and due care is taken before giving NOC.



malipeddi jaggarao (Expert) 05 June 2014
Already shops are there in the front part at ground floor. First floor owner is proposing to start a nursing home. He has separate water connection and everything.

What is the problem for you to give NOC to him as that property was commercial property.
Why do you create troubles in his plans of business.

There is nothing to discuss in the AGM. Obtain formal application addressing the Secretary of the Society and pass a resolution in AGM for giving NOC. NOC can be in simple terms that the society has no objection if the property owner proposes to start Nursing Home. By giving this NOC Society is no way liable to any body/organization and it is the sole responsibility of the porperty owner to fulfill all statutory requirements before commencing the Nurzing Home.
You can also add a sentence stating that "This NOC is issued at the request of property owner.......who a member of this society for purpose of submitting the same to BMC to obtain permission for Nursing Home".
Hope people, instead of creating hurdles.
D Chavan (Querist) 05 June 2014
Thank you very much Mr. Malipeddi Jaggaraoji for your reply.The property is in Mumbai. Municipal Corporation has not yet given Completion Certificate to the society as original approved plan is for 7 floors and illegally 8th floor was constructed by the builder. Building is constructed in 2001 and at present society is not having approved plan.(BMC is not giving as property is in dispute). The owner of the Nursing Home has also purchased residential flats adjoined to both the sides of the commercial unit. this was possible for him because the building is of "c" type.
The owner of the Nursing Home may use these 2 flats on first floor for commercial uses. This is the reason society wants to be careful before giving NOC.


T. Kalaiselvan, Advocate (Expert) 06 June 2014
The society which comprises of the premise used by the owner of first floor also, if responsible for issuing NOC, it can very well be decided in the AGM, please go through the bye laws of the memorandum of association or article of association in this regard and then the AGM can pass resolution accordingly.


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