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Allow nursing home to operate, HC to high-rise

DNMUM394432 | 8/13/2017 | Author : Mustafa Plumber | WC :329

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 residenti
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