Bombay High Court lifts ban on issuance of commencement and occupancy certificates for housing projects in Baner & Balewadi

In the last 6 months, after Bombay High Court issued the stay order,
no individual flat-owner or housing society in Baner Balewadi
came forward with the complaints about water shortage!

The Pune Municipal Corporation (PMC)'s advocate said it wrote letters to housing societies, asking their representatives to attend meetings but nobody had turned up.

“If there is any violation, we can take action. I'm waiting for the last six months. Water is something you cannot stay without,“ said the Chief Justice (CJ) Manjula Chellur.

“We are surprised to hear that none of such meeting (sic) were attended by (housing) societies or occupants. If there was really a water problem, as severe as expressed by the petitioners, the persons affected would have approached this court,“ the judges said in their order.

They - Chief Justice (CJ) Manjula Chellur and Justice Nitin Jamdar - added, “We cannot totally shut our eyes or opine that there is no water problem. It may not be to the extent expressed by the petitioners but there is bound to be water problem with so many flats coming up."

The court was hearing a public interest litigation (PIL) filed by corporator Amol Balwadkar.

Earlier (in May 2017), the court had restrained the Pune Municipal Corporation (PMC) from doling out these - commencement and occupancy - certificates - to the new buildings, while hearing the PIL.

The petition stated that over 200 societies were facing problems in securing basic amount of water - 150 litres per person - which is provided by the PMC on daily basis.

The overall requirement is 165 lakh litres. However, the PMC only provided 60 lakh litres, which is far from adequate.

The report also stated that it had supplied 21,533 water tankers in these areas between 2015 and 2016.

Apart from this civic body help, the residents had arranged for 1.40 lakh tankers at the cost of Rs 12 crore in the same duration to replete their supply.

After hearing the case on Tuesday, Chief Justice Manjula Chellur and Justice Nitin Jamdar asked for formation of a committee to keep an eye on water supply and the availability scenario, a report of which has to be submitted every two months.

"Let us see how this committee works,“ said the CJ, adding that the PIL would be kept pending.

Read more at:

1) Bombay high court vacates stay on occupancy certificates in Baner, Balewadi

2) Court lifts ban on construction for Baner, Balewadi

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Now, you don't have to depend on the builder for the occupancy or completion certificate!

Owners of flats and houses will no more have to depend on the builder for the occupancy or completion certificate as the same will soon be issued to them if the construction norms have been met and the builder has not bothered to procure it from the Pune Municipal Corporation.

However, if the flat or house has not been built as per the norms laid down by the PMC, the owner will have to either tell the builder to fulfill the requirements or do it himself or herself.

Pune Mahanagarpalika (Pune Municipal Corporation) 

“Many developers/builders or individuals who submit building plans are supposed to seek the occupancy certificate from the building permission department of the PMC,which certifies that the building is safe and that it is not encroached upon. A majority of the 6,60,000 identified/assessed property in the city have not obtained occupation certificates,” municipal commissioner Mahesh Zagade told TOI on Saturday.

“Many builders and developers sell the property without this document and leave flat/house owners in the lurch. We will use the Development Control Rule (DCR) provision to issue the occupancy certificate to individual house/flat owners,” said Zagade while clarifying that the construction should be within the norms.

Additional city engineer Vivek Kharwadkar said, “We will start issuing individual certificates within a fortnight. There is a provision in the DCR to issue partial occupancy certificate to individual tenement owners. Holder of the building permission is considered as tenement holder but once the flat/house is sold, the tenement owner becomes a holder. We have initiated steps to legally secure this move”.

“We are planning to make a provision in the DCR to make the builder as well as the architect accountable if the occupancy certificate is not taken from the PMC. They are the ones who should ensure that the certificate is issued. If the property is sold without the certificate, the builder and architect should face the heat,” said Kharwadkar.

The certificate is denied to a builder if he fails to adhere to the PMC norms, fails to provide amenities or undertakes construction not in accordance with the approved plan. Many builders/developers sell buildings/flats without this document. Although the completion certificate is denied to penalise the builder/developer for not fulfilling the desired norms, it ultimately affects the flat owners. In many cases, builders/developers disappear once the flat is sold and the owners face the music because it is difficult for them to resell or mortgage the property without the document.
To read more, please, visit:Now, flat owners can get completion certificates directly

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