HC breather for doctors

 June 29 2007: A day before a government notification demanding legal and medical professionals to pay up mixed land use and parking fee was to come in effect, the Delhi High Court on Friday passed an order of interim stay on the authorities’ move till July 10, the next date of hearing.

The order came on separate petitions filed by the Delhi High Court Bar Association and the Delhi Medical Association challenging a set of regulations drafted by the DDA on November 20, 2006 “demanding payment of conversion charges for land use and also one-time cost for development of parking space” from professionals.
Drawing inference from the Masterplan-2021:
Counsel for the High Court body argued that the document allowed advocates to use 50 per cent of the residential premises for professional purposes.The Association counsel added that the DDA regulations of November 20 were “illegal and ultravires” and “completely inconsistent” with the Masterplan.“The Masterplan does not make any mention either of conversion charges or one-time parking fee, except in the case of appropriate charges in case of use of basement for professional activities,” the counsel submitted.
Toeing the same line, the counsel for the medical body sought the court’s intervention to restrain the civic authorities from levying such charges on activities pertaining to medical profession.
On the other hand, the counsel for MCD and DDA countered that mixed land use for professional activities can be carried out by the members of both associations only after making payment of necessary charges as per the regulations.
After hearing the arguments from both sides, a Bench led by Justice H R Malhotra wrapped up the controversy with the observation that:
The guidelines of the February 7, 2007 Masterplan would prima facie override the earlier DDA regulations of November 20.“The associations have been able to make out a prima facie case in their favour entitling them to interim injunction, especially in view of the fact that Masterplan was notified on February 7, 2007 whereas the DDA Regulations imposing the charges is of a prior date,” the Bench said.

Source: HC breather for doctors, lawyers