Mr. Sanjay Kishan Kaul, Chief Justice (Oral): - The writ petition has been filed by the District Bar Association, Panchkula, which is an association of lawyers, through its elected representatives in pursuance to a resolution duly passed. A challenge is laid to the notification dated 12.1.1999 amending the Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 (hereinafter to be referred to as “the said Regulations”).

2. In terms of the Regulations originally framed, the undisputed legal position is that the land or building is not to be utilized by the transferee or lessee for purposes other than for which it has been disposed of to him. The stated reason for which the rights in the property have been conferred is for residential use. In terms of said Regulations, the amendment made is in Regulation-2 where, after clause (b), a clause (bb) has been inserted as under:-

“(bb) “Non-nuisance professional consultancy” means an activity carried on by an individual by his personal skill and intelligence and includes:-

(a) Doctors (without Nursing Home);

(b) Lawyers;

(c) Tax Consultants;

(d) Architects (without studio)

(e) Contractor Consultants;

(f) Chartered Accountant/Company Secretaries;

(g) Property Consultants;

(h) Tourist Guides;”

3. A reading of the aforesaid, thus, shows that the expression “Non-nuisance professional consultancy” has been defined under the definition Clause-2 to mean an activity carried on by an individual by his personal skill and intelligence and includes the professional activity of lawyers.

4. Now turning to Regulation-16, the same deals with the use of land and building which provides a prohibition from use of the land and building for purposes other than for which it has been disposed of to him. This is qualified by the proviso which was brought in by the amendment permitting 25% of the built up covered area of the building or 50 square metres whichever is less for rendering non-nuisance professional consultancy services with the prior permission of the Chief Administrator. However, this proviso further qualifies that this would be subject to payment of fee as prescribed therein. The permission is also required to be given for a period of five years on payment of the prescribed fee to be renewed after a period of five years on the payment of renewal fee. Regulation-16 reads as under:-

“16. Use of land/building.- The transferee or lessee shall not use the land/building for a purpose other than that for which it has been disposed of to him:

Provided that the transferee or lessee of a land/building can use 25% of the built-up covered area of the building or to square metre, whichever is less, for rendering non-nuisance professional consultancy services with the prior permission of Chief Administrator on payment of fee which shall be as under-

Total fee

1. For Panchkula, Gurgaon and Faridabad Urban Estates …Rs.0.50 lacs

2. For Hisar, Rohtak, Bhiwani, Bahadurgarh, Sonepat,

Rewari, Karnal, Panipat, Ambala, Kurukshetra,

Yamunanagar/Jagadhri Urban Estate …0.30 lacs

3. For Hansi, Shahbad, Kaithal, Sirsa, Jind Naraingarh

and Dharuhera Urban Estates …Rs.0.20 lacs

The permission will be given initially for a period of 5 years on payment of prescribed fee. The fee shall be recovered at 10% with application, 40% at the time of grant of permission and balance 50% after one year from the date of permission failing which the permission shall stand cancelled. However 10% rebate shall be given if payment is made in lump sum. The permission shall be renewed after a period of five years on the payment of renewal fee, equal to 10% of total fee which will be recovered in lump sum at the time of renewal.

16-A. Application to be made for rendering non-nuisance professional consultancy services.- A person seeking permission from Estate Officer, Haryana Urban Development Authority concerned for rendering non-nuisance professional consultancy services in land/building disposed of for residen