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nuisance created by clinic and medical shop in residential area
15-May-2023 (In Civil Law)
In front of my house, a doctor has opened a clinic and medical shop in their current house. The problem is visitors park their vehicles blocking entry to my house. Since there is a tree next to my house gate, few people come and sit/stand in front of my house gate. Which makes us uncomfortable to enter and exit.
Also lot of vehicle sounds. We told the doctor to keep a watch man but he is least bothered about it. Can the clinic and medical shop be operated in residential area? Also, How can we proceed with this problem?
Clinic and medical shop can be operated. If you are facing issues please send him legal notice failing which file a suit for injunction in jurisdiction court restraining the doctor or his patients from blocking your house gate. Feel free to contact me for further guidance if needed
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Adv. Swarnarka Chowdhury
Mysore | 400+ Answers
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What is the Supreme Court Judgement on commercial use of residential property for doctors?
Jagjit Mehta C.A. No. No. 4216 of 1998, the Supreme Court ruled that the use of residential premises for the purposes of a doctors office did not equate to a change in user. 09-Sept-2016
Can doctor practice at home in India?
Yes. Professionals like us can also work in residential premises. There is no restriction on doctors and advocates operating clinics in residential premises.
It may noted that concerning the running of the clinic itself, if it is registered under Karnataka private medical establishment Rules, 2009 and if the occupier is in compliance with all the terms of the licens and acting in accordance with the rules , little can be done to obstruct running of clinic itself ( this will depend on nature of clinic and nature of patients taken)
on the other hand, you do have a right to unobstructed pathway to enter and exit your home, and this can be remedied by an order of injunction .
You must firstly ascertain the nature of license, then get issued a legal notice.
on the other hand, you do have a right to unobstructed pathway to enter and exit your home, and this can be remedied by an order of injunction .
You must firstly ascertain the nature of license, then get issued a legal notice.
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Adv. Sushanth Sharma BS
Bangalore | 25+ Answers
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Running a clinic is not commercial activity Supreme Court
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Hi, we have gon through the issue, it is void to open commercial establishments in residential area and we can file complaints before the regulation authority and if they fail to take action we can initial legal proceedings against the doctor and the authorities for not taking actions
kindly contact us for further discussion
thanking you
kindly contact us for further discussion
thanking you
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Adv. Yathish Sathyanarayana
Bangalore | 100+ Answers
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