By I C Naik
Lesser known Occupation Certificate become a grave issue. “It is against the law to move into flats in buildings without the mandatory municipal occupation certificate (OC), the Bombay high court has ruled.”
A division bench of Justice S C Dharmadhikari and Justice Gautam Patel reportedly sought action against 49 flat owners as well as a nursing home in two wings of a building with six wings in Sion East.
The BMC has now informed the court it will issue notices to the 49 families, which moved into wings E and F as well as the nursing home on the first floor.
The court’s order could have an impact beyond this multi-storeyed Sion building it is feared.
Reportedly there are estimated 6,000 buildings in Mumbai occupied without OCs. Over one lakh families staying in such buildings can get in to sleepless nights all of a sudden. Only around 100 buildings came forward for regularization in response to state government’s amnesty scheme for such buildings a few years ago.
The Division Bench was hearing a petition filed by the Sion Kamgar Cooperative Society that had leased the land in a central location in Sion for 999 years in the 1950s. A few years ago it went in for redevelopment. In its petition, the society claimed that while four wings were constructed as per plans, two additional wings were put up-—which now house around 50 families and also has a nursing home on the first floor.
The society asked the court to initiate action against the nursing home. Sai Prasad building. In 1956, State Government allotted land to the Sion Kamgar CHS for flats for its members. A decade ago the society went in for redevelopment. The builder constructed four wings as per rules, but allegedly built two more wings with 56 flats and a nursing home in violation of the law and despite stop work notices. BMC admitted in court that the two wings did not have an OC.
HC reportedly took civic body to task for ‘illegal’ wings at Sion Cooperative housing society.
“What we find is that there is complete silence maintained (in the corporation’s affidavit) with regard to the construction of Wings E and F and whether they are unauthorized as claimed,” said the judges.
The BMC’s counsel admitted before the court that both E and F wings did not have any occupation certificate. The court added that the nursing home might have been unaware of the disputes between the society and the developers, but the law did not permit occupying a building without OC.
Curiously, the nursing home was allowed by BMC because it had all licences and the corporation had taken an undertaking from the hospital owners that the OC would be produced whenever it is issued.
WHY IS AN OC IMPORTANT?
Once the building is complete, the developer has to obtain an OC, certifying that the building has complied with the approved plans. Only after the OC is issued can flat owners occupy the apartments as per law, as otherwise the building is considered illegal. BMC charges double the taxes and can initiate action against flat owners.
Many builders do not bother to get OC and owners move into flats once the construction is complete. The law says that if the building has been constructed without any plans it cannot be regularized by BMC.