On 5-12-2011, the Apex Court has disposed of Civil Appeal No. 10535 of 2011 and issued certain directions. In the said direction, one of the directions 5 was that the doctors, lawyers and architects can use 30% of the area on the ground floor in their premises in residential sector for running their clinics/offices.
On 23-1-2012, it was pointed out before the Supreme Court that 30% of the ground floor area permitted to be used under Direction (5) above is contrary to the bye-laws and master plan of NOIDA. It was urged before the Supreme Court that the expression ‘ground floor’ used in the same clause may be clarified as ‘any floor’ because somebody may be having a two-storeyed house and may himself be living on the first floor only. In the circumstances, the court modified the Direction (5) quoted above and clarified that 25% of the permissible FAR is allowed to be used for their professional purposes by doctors, lawyers and architects.
It was then modified that the doctors, lawyers and architects can use 25% of the permissible FAR of any floor in their premises in the residential sector but only for running their personal office or personal clinic in it restricted sense. In the said order it was also directed that the NOIDA Authorities shall, issue a final notice to all the owners of the residences requiring them to stop use of the premises for banking or any other commercial activity and requiring them to shift from the residential areas. The NOIDA Authority shall also issue an advertisement stating therein the premises which can be offered to the banks as per the policy of the NOIDA Authority. This policy shall clearly state the terms and conditions for allotment and the manner in which the allotment of the alternative site/land would be made to the banks and/or other commercial activities in appropriate sectors i.e. commercial, institutional or industrial-commercial. Such policy should be fair and transparent.
The Hon’ble Supreme Court directed that individual doctors would not be entitled to any benefit under the Scheme that the NODIA will declare under said order. A clinic simpliciter can be run by a doctor within such area as already specified, of his or her residence. This clinic would mean one as per the bye-laws. To put the matters beyond ambiguity, it was clarified that the doctor can have his clinic with a table, a bed to examine the patient and such facilities which may be necessary to provide first aid. A dentist may have a dental chair in his clinic. Under this head, neither a polyclinic nor a nursing home can be run in the residential area. Further, no doctor would be permitted to run a polyclinic or a nursing home in the garb of a clinic. Therefore, the question of keeping the patients in the clinic overnight would not arise. The purpose of permitting a clinic is strictly in accordance with the directions of this court as already issued as well as the bye-laws. The doctors will be permitted to run a clinic to provide personal service to the outdoor patients and nothing more. The doctors would be permitted to conduct professional practice, by the resident doctor alone, within the scope of the directions already issued by this court. (CA No 10535 dt 5-12 -2011)( Refer ( 2012)12 SCC 717 / 12 SCC 720 )