Re: [mpisgmedia] MLU (misuser-NGOs-munch mails)

--- "Architexturez."
<interface.services@xxxxxxxxxxxxxxxxx> wrote:

> i think a strict distinction (Professional versus
> Squatters in
> professional space) is being blurred here. it is a
> serious attempt to
> obfuscate the structure of the professions, and
> somebody please write a
> proper one to the bar council, medical council and
> so on. it is
> actionable, so this 'delegation' better be met by
> the law, and
> professional ethics (i think each signatory will
> have to dole 10,000
> rupees fine to every professional institution listed
> in their
> communication, lawyers check)


Bulls-eye.

Mixed use provisions are not for any old mix-up. They
were incorporated in MPD-2001 to accommodate --
subject to restrictions and conditions -- specifically
home-based (a) retail, (b) household industry and (c)
professional activity. (note, professional activity is
clearly separately defined).
>From a MUD *notification* of 1999 onwards, specified
*other* activities have been proposed / notified /
not-notified. These NoGOs do all sorts of non
home-based things in residential premises, including
anti-professional activity and quackery, and could beg
for inclusivity in the category of *others* (ie
willful influential violaters piously claiming
public-purpose).
It is, however, to be noted that, unlike retail/Hh
industry/professional activity, impermissible uses in
residential premises are misuse, ie cognizable offence
inviting penalties including imprisonment. Also, there
was a public notice inviting objections/suggestions
for all equally and all or almost all were given
hearings during 28 aug & 2 sep. these fellas
overtaking all that with appointments fixed with
minister on 4 sep ought to give their public-interest
piety a rest.


===Excerpts:

MPD-2001, Development Code Clause-10.0: MIXED USE
REGULATIONS
...
PROFESSIONAL ACTIVITY
The professional activity shall be allowed in
residential plots/flats on any floor on the following
condition:
The resident of the premises shall be permitted to use
part of his residence to the maximum of 25% or 50 sqm,
whichever is less for a non-residential but
non-nuisance activity which is for rendering services
based on his professional skills. In case of
residential plots any one floor may be used provided
the whole premises is occupied by the same
professional.
The trade and industrial activity (excluding household
on ground floor to the maximum extent of 30 sqm) shall
not be permitted.
...

Draft MPD-2021, Chapter-15.0. MIXED USE
...
15.5 PROFESSIONAL ACTIVITY
Professional activity would include non hazardous and
non nuisance kind of activity based on professional
skills where the main premises of the concerned
professional like a doctor, lawyer, architect etc.
would be separate and only out of office hours could
be rendered from the residential premises. In such
cases, on part of the premises on any floor subject to
a maximum of 25% of the FAR or 100 sq.m, whichever is
less for services based on professional activities
shall be permissible.
15.6. OTHER ACTIVITIES
The following specific activities may be permitted in
residential premises on plots of a minimum size of 209
sqm facing a minimum road width of 18 mts ROW (9 mtrs
in 'Special Area' and 13.5 mts in Rehabilitation
Colony).
a) Pre-primary schools (Nursery / Montessori Schools,
Creche, etc)
b) Nursing Homes
c) Guest Houses
d) Banks
Further, the permission of residential land and
building for the above activities shall be governed by
the provisions of Notified Regulations in this regard
except for Pre-primary school which should be
restricted only on ground floor equivalent to the
permissible ground coverage.

MLU NOTIFICATION DATED 28/03/2006
...
10.5 PROFESSIONAL ACTIVITY
Professional activity includes non-hazardous and
non-nuisance kind of activity based on professional
skills where the professional like a Doctor, Lawyer,
Architect, Engineers, Chartered Accountant, Designer,
etc. may render such services from their residential
premise. Professional activity shall be permissible on
any floor subject to a maximum of 25% of the floor
area of the dwelling unit or not exceeding one floor
in case of plotted development.
10.6 OTHER ACTIVITIES
One of the following activities may be permitted in a
residential premise on plot of a minimum of size of
200 sqm. (160 sqm. In Special Area, villages and
Rehabilitation Colonies) facing a minimum road width
of 18 mtrs ROW (13.5 mtrs. in Rehabilitation Colonies
and 9 mtrs. in 'Special Area' and villages).
(a) Pre-primary school (Nursery/Montessori School,
Creche)
(b) Nursing home
(c) Guest house
(d) Bank
(e) Fitness center (Gymnasium, yoga/meditation center)

...

MLU PUBLIC NOTICE DATED 23/07/2006
...
10.7. OTHER ACTIVITY
10.7.1. The following other activities shall also be
permitted in the residential plots on notified
streets:
(a) Pre-primary school (Nursery/Montessori School,
Creche)
(b) Nursing home
(c) Guest house
(d) Bank
(e) Fitness center (Gymnasium, yoga/meditation center)

...
10.8. PROFESSIONAL ACTIVITY
i. Professional activity will be permitted if carried
out by the resident him/ her self.
ii. Professional activities would mean those
activities involving commercial services based on
professional skills namely Doctor, Lawyer, Architect
and Chartered Accountant.
iii. In group housing and plotted development with
multiple dwelling units, professional activity shall
be permitted on any floor subject to maximum of 50% of
the permissible or sanctioned FAR, whichever is less,
of the dwelling unit.
iv. In the case of plotted development with single
dwelling unit, such activity will be permissible on
any one floor only, but restricted to less than 50% of
the permissible or sanctioned FAR, whichever is less
on that plot.
...

(The last, btw, is for implementing the Tejinder
Khanna *expert* Committee recommendations that were
*informed* by these and such *expert* views of
civil-society interest-groups)




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