Dedicated locality research platform
Dedicated locality research platform
Enter your email address and you will receive
a link to reset your password
The Bombay High Court has directed the Vasai Virar Municipal Corporation to grant occupancy certificates to 27 buildings constructed more than two years ago. The move is expected to provide relief to over 1,000 flat buyers in the massive HDIL layout project. The court directed the corporation to issue the certificate within four weeks after verifying compliances. The developer and owners of flats in nine buildings of the project had moved the HC to challenge an August 2022 municipal order rejecting the certificate, citing lapsing of a green nod.
While 96 buildings in the project received occupancy certificates in 2019, the nine buildings forming part of the HDIL layout in Vasai Virar were kept waiting for two years. They sought judicial intervention to be able to get actual possession of their homes. The petitioners were from the nine buildings that have 300 flats, but over 1,000 flat purchasers in all 27 buildings were affected by the denial of occupancy certificates.
The court noted that the environmental clearance was obtained by the petitioner, and the construction was undertaken accordingly. Since being issued in July 2010, the environmental clearance was renewed from time to time. It was reissued last November, and the Maharashtra Pollution Control Board (MPCB) had renewed a post-environmental clearance "consent to operate" certificate. The MPCB said there had been compliance with the conditions laid down in the environmental clearance.
The HC bench of Justices Girish Kulkarni and R N Laddha was "quite astonished" with the contents of the municipal corporation's order refusing the occupancy certificate. "The occupancy certificate has been withheld by the municipal corporation, and in our prima facie opinion, it appears to be on the totally untenable ground that the environment clearance has not been obtained," said the HC. The Vasai Virar Municipal Corporation, through its lawyer, said it would reconsider its position and issue the certificate subject to verification of compliance after the HC questioned the long hold-up.
The HC disposed of the petition on Friday after observing that public interest was at play in the issuance of the occupancy certificate. The move is expected to provide relief to over 1,000 flat buyers who have been waiting for two years to take possession of their homes. The HC directed the corporation to issue the certificate within four weeks after verifying compliances, bringing an end to the long-standing legal battle.
The decision is a significant relief for the flat buyers, who can now finally occupy their homes. The HDIL layout is a massive project, and the delay in issuing the occupancy certificate had caused a lot of anxiety among the flat buyers. The HC's decision is expected to set a precedent for similar cases where occupancy certificates have been withheld for flimsy reasons.
The HC's decision is a significant win for the flat buyers who had invested their hard-earned money in the project. It is also a clear signal to the developers and builders to ensure that they comply with all the regulations and obtain all the necessary clearances before starting construction. The HC's decision is a welcome move in the right direction, and it is hoped that such cases will be resolved quickly and efficiently in the future.
Propscience is India’s dedicated property news portal. We cover the latest events, news, trends, deals, new launches and more.
All our services and tools are completely free of cost and available 24X7!
