Maharashtra Societies Welfare Association
What is Occupation Certificate (OC) or
Completion Certificate ? It is proof that a building has been constructed as
per approved plans. The OC from the planning authority is essential for any
construction as per the law. Why is OC important? It is mandatory for every
residential or commercial complex to obtain OC. However, it is not required for
flat registration. Because of this, many buyers tend to overlook OC, which also
plays a significant role in getting a home loan. It is illegal to occupy a flat
if the building doesn’t have the OC. Such buyers can be prosecuted by the
municipal corporation.
Citing that over 10,000 residential buildings in Mumbai, which do not have an occupation certificate, Ramesh Prabhu, founder chairman of Maharashtra Societies Welfare Association (MahaSEWA) urges the chief minister to bring out an amnesty scheme. In 2004-05, an OC amnesty scheme was initiated which was not successful for various reasons. The builders often do not fulfil a host of obligations like handing over recreation or playground to the planning authority, getting NOC from the Collector and Tree Authority and payment of taxes and premiums to BMC that are essential to getting an OC. There may be an encroachment of common area or closing of the balcony or excess use of FSI than permitted.
There may be many violations done by the developer or the residents. Now, having permitted the purchasers to occupy the flats, providing water on humanitarian ground, conveyance permitted without OC etc., obtaining OC has remained as only a paper requirement. Therefore, it is time for the government to bring an amnesty scheme to regularise all lapses and provide OC. However, for all dues, FSI violations, penalty, premium, etc., the developer or the builder should be booked and the charges should be recovered from him. The same may be reported to MahaRERA and the planning authority that if any partner of such a builder approaches the BMC for new permissions, or for new RERA registration, the same should not be granted till the old dues of the planning authority are cleared. Nothing should be charged to the Society.
Advocate Godfrey Pimenta, a trustee of
Watchdog Foundation, differed: Such an amnesty scheme is nothing but a scheme
to protect the interests of builders’ lobby. Why should the flat purchasers or
housing societies be made to run from pillar to post to gather documents to
obtain the OC? He is strongly of the view that a mere amendment in
the Maharashtra Ownership Flats (Regulation of the promotion of Construction,
Sale, Management and Transfer) Act, 1964, is required which casts an obligation
on the builder to obtain the OC in a time-bound manner failing which the
offence should be made non-bailable attracting jail term of 5 years or penalty
of minimum R1 crore or both.
Advocate Vinod Sampat, founder president of
Co-operative Societies Residents Association, said the situation is the fallout
of collusion between builders and BMC officials. Glaring instances of
violation is Tilak Nagar where BMC has not given OC to almost all buildings
that have gone for redevelopment in the complex except for about 4 buildings. While
the government has told the Assembly that about 50 per cent of the files of the
building proposal department for the western suburbs are not traceable, hardly
any steps have been taken by the BMC. Many leading builders provide double
walls where the same can be broken and have an area of about 400-500 sq.ft. can
be encroached at a later date. Citing the Friends Colony case in the Supreme
Court, he said even the court said that builders would know the law better.
“Our Association supports granting OC to innocent purchasers, but the
Government should take action on such unscrupulous builders.”
30,000 co-operative housing societies
across Maharashtra await elections to plan redevelopment: https://timesofindia.indiatimes.com/city/pune/maharashtra-30000-co-operative-housing-societies-await-elections-to-plan-redevelopment/articleshow
/85469829 .cms
Accordingly, a study group-2 has been
formed by MahaSewa to study and to represent before Govt.:(1) Ar. Samir Hingoo,
President of Practising Architects, Engineers, Town Planners Association of
India,PEATA. (2) Ar. Manoj Daisaria, former President of PEATA(3) Er. Tarun
Motta, former President of PEATA (4) Ar. Sandeep Kangutkar (5) Ar. Ashish
Solanki. Convenor, CA. RameshPrabhu,
Chairman MahaSewa. 9820106768. https://chat
.whatsapp.com /L9xtBEAYRBE5r6rgRY4rsP
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