Is it allowed to operate a fitness centre on the first or second floors of a mixed land use building located on Delhi’s Main Road?

Response

Before the approved amendments to the Master Plan of Delhi (MPD) 2021, Gyms and fitness centres were only permitted in commercial buildings. Also, only those centres that were founded before to August 12, 2008 were eligible and the Supreme court had ordered the seal of any fitness centres, including gyms, yoga and meditation centre which came up after this date.

However, The Delhi Development Authority (DDA) have approved amendments to the Master Plan of Delhi (MPD) 2021, allowing fitness centres, including gymnasiums and yoga or meditation centres in non-commercial areas but only on the ground floor and the basements. It had been determined that new fitness and wellness centres will only be allowed to operate on ground floors and basements in residential areas and mixed-use streets as of the date of notification.

Hence, it is not allowed to operate a fitness centre on the first and second floors, but only on the ground floor and the basement of the mixed-use areas. All the new centres have been directed to be run and operated only on the ground floor and the basements. For the period during which the property is placed to mixed use, the premises under mixed use will be subject for payment of mixed-use charges to the local authority concerned at the rates announced with the consent of the Central government every year.

Reference: Mixed-use regulations – Delhi Development Authority.
15.2- Master Plan For Delhi 2021

Case law: Mrs. Vasumati Mahajan And Anr. vs South Delhi Municipal

202100315-20210043-7457

LAWAYZ-2023-264

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