The society claimed that the nursing home cannot operate in a residential building, relying on provisions of Maharashtra Ownership Flat Act and regulation 51, under the 1991 Development Control Rules, permission allowing a nursing home can only be in an independent building.
The Bombay High Court recently rejected a petition filed by a housing society in Mulund, challenging the permission granted by the BMC, for a nursing home to operate on the second floor of a high-rise building. The dismissal of the petition holds significance as many buildings in Mumbai are similarly placed.
A division Bench dismissed a petition filed by Manisha Heights Cooperative Housing Society, challenging an order passed by the corporation in 2016. The building, which is ground-plus-19 floors, has reserved the first two floors for commercial use. The third and fourth floor are reserved for parking, while rest of the floors are for residential purpose.
The society claimed that the nursing home cannot operate in a residential building, relying on provisions of Maharashtra Ownership Flat Act and regulation 51, under the 1991 Development Control Rules, permission allowing a nursing home can only be in an independent building. The developer and civic body opposed the petition. They argued that permissions were granted in accordance with law. The commercial part of the high rise where the nursing home is situated has a separate access and developer has taken all efforts to ensure no inconvenience is caused to any resident of the building.
The Bench after going through the Regulation and Provisions of the Act, said "Courts are required to read the provisions harmoniously. If we read the regulation 51 of DCR, words used indicate that nursing home can be permitted in an independent part of the building. User of nursing home can be permitted only requirement will be that such a premises must have an independent access, from within or outside of the building."
Further it said "Since in the present petition it is seen that the nursing home is in an independent part of the building having independent access. Moreover, two floors above the second floor are reserved for parking purpose, in that view of the matter nursing home is in an independent area." Thus the petition stands dismissed.
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