Letter to Govt of India in the matter of ceiling of offices of professionals operating from residential areas
September 19, 2006
Shri Ajay Maken
Minister of State (Urban Development)
Ministry of Urban Development
Government of India
Maulana Azad Road
New Delhi – 110 011.
Sub: Notification dated September 7, 2006 published in the Gazette of India Extraordinary Part-II, Section 3 - Sub-section (ii) of Ministry of Urban Development (Delhi Division) S.O. No. 1456(E)
By Notification dated September 7, 2006 published in the Gazette of India Extraordinary Part-II, Section 3 - Sub-section (ii) of Ministry of Urban Development (Delhi Division) S.O. No. 1456(E) (copy enclosed) has modified the Master Plan for Delhi – 2001.
Vide para 10.8 of the said Notification, the professional activities of Chartered Accountants and other professionals have been covered which reads as follows:-
“10.8. Professional Activity – Subject to the general terms and conditions specified in para 10.4, professional activity is permissible in plotted development and group housing under the following specific conditions:
i. Professional activity shall be permitted if carried out by the resident him/her self.
ii. Professional activities shall means those activities involving services based on professional skills namely Doctors, Lawyers, 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 permissible or sanctioned FAR, whichever is less, of each dwelling unit.
iv. In the case of plotted development with single dwelling unit, professional activity shall 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.”
From the above it is understood that a Chartered Accountant can practice from a residential building only if he is residing in that premises/place and the professional activity is carried out from coverage area maximum upto 50%
It is submitted that 80% of the Chartered Accountants are operating from such residential areas where they are not living in the same premises. Application of the said notification will cause tremendous hardship to the said Chartered Accountants.
You are requested to use your good offices to exempt all the Chartered Accountants of Delhi from the application of aforesaid clause 10.8(i) and also allow the activity in 100% of the permissible or sanctioned FAR of the dwelling unit so as the Chartered Accountants can perform their professional duty also from the residential areas where they are not living in the same premises. In addition, it is also requested that they may also be allowed to work from lower ground floor or basement of the premises.
You may kindly grant an opportunity of hearing in person to our representatives who can call on you to brief the matter in detail.
Kindly render appropriate relief.
CA. T N MANOHARAN
Encl: As above