Spelling relief for several of the Capital’s doctors, the Delhi High Court on Monday ruled that running clinics from residential premises would not be counted as a commercial activity.
The court said that this would not constitute violation of sanctioned use of property and also ruled that a written permission of the municipal commissioner was not required for this purpose.
“I am of the considered view that the professional establishment of a doctor cannot come within the definition of commercial activity,” ruled justice Suresh Kait.
The court made the ruling while setting aside the penal proceedings initiated eight years ago by the Municipal Corporation of Delhi (MCD) against one doctor DV Chug, who ran a clinic at his Rajouri Garden residence.
MCD charged him with illegal change of use of property to “commercial” while the sanctioned use of the property was “residential”. The doctor was charged under section 437 of the Delhi Municipal Corporation Act.
“Commerce is that activity where a capital is put into work, there is risk of profit or loss. Only if the activities are undertaken for production or distribution of goods or for rendering material services, it comes under the definition of commerce. There is fundamental distinction between professional activities and commercial activities,” said justice Kait.