• Occupancy certificate

Sirs,
Regards to OC, the builder had charged us additional amount and issued receipt for the same as charges for OC.(2013-14)
Builder issued a OC to us , but later turned out to be fake
Builder had paid all the neccesary fees to BBMP, looks like some insider has forged the OC.
it is almost 3 years now, builder has again submitted for OC with the old application.
BBMP has given a reply stating no deviations in building , but because of NGT order they cannot issue OC.
We have been paying property taxes for the last 4 years and staying in the property.
What is the way forward?
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Hello,

Sue the builder in the consumer forum and claim compensation for the mental torture and the forgery being played by the builder.

Please clarify as to which order of the NGT is being referred to by you?

The Karnataka HC in one of the judgement has recently held that OC can not be denied on the basis of the order of NGT. Ask the builder to file a writ in the High Court.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Owing to the NGT landmark judgement disallowing any construction within 75 metres from a lake, unfortunately no CC or OC can be issued in this case. Some petitions seeking a clarification of the NGT order are pending before the Supreme Court and you'll to wait until the time they are disposed off. Till then, nobody is going to interfere with you peaceful possession over your flat.

Vibhanshu Srivastava
Advocate, Lucknow
9582 Answers
303 Consultations

5.0 on 5.0

The language that has been used in the order of the NGT is being termed ‘ambiguous’ leading to multiple interpretations, and as such the matter is pending before the SC for its interpretation. Do not worry you will retain the possession of the flat.

I referred to one of the articles with regards to the judgment of the Karnatak HC. You may also access the following link for the same:

http://www.deccanherald.com/content/623666/hc-palike-cant-cite-ngt.html

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1)it appears building has been constructed as per sanctioned plans

2) hence BBMP has intimated that there are no deviations

3) if NGT has passed orders not to issue OC then BBMP cannot issue you OC

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

The NGT order will prospectively affect only projects that will now come up. It will not apply to earlier approved plans or buildings that are already in place.” “As far as buildings that have been built with approved plans within 75 metres of SWDs lakes or rajakaluvas, the ambit order of NGT will not affect them

hence you can file writ petition in HC to direct BBMP to issue your building OC

3)According to NGT orders, buffer zones of rajakaluves, drains and wetlands must be calculated from the edge of the drain, as opposed to the current norm of measuring from the centre of the drain.

The orders will hence, disallow any further construction at least 75 metres from a lake and 50 metres around a primary SWD.

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

Dear Client,

Live peacefully and keep paying dues and taxes, what ever accrued .

default on builder side, so in case any issue occur in future, file criminal case against builder, (Keep original receipts safe and never part with them , but only copy)

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

Dear sir/madam, with regard to your query, for your kind information, kindly read as carefully below mentioned parameters;

BUFFER ZONE-GOVT DIRECTIONS :-

With the implementation of the National Green Tribunal’s landmark judgement against the Mantri Techzone Private Limited and Coremind Software and Services Private Limited to follow the 75-metre buffer zone for lakes and wetlands, the government has cracked the whip on builders. The government has asked two civic agencies – Bruhat Bengaluru Mahangara Palike and Bangalore Development Authority – to implement the orders with immediate effect.

While the new orders will not affect ongoing projects, BBMP and BDA have been asked to obtain legal opinion on the status of approved projects within 75 metres of waterbodies that are yet to take up construction activity.

Though the government does not have any specific numbers of such projects that come in the 75-metre buffer zone, it has asked engineers from both the departments to conduct a fresh survey and mark boundaries of the buffer zone.

Additional chief secretary Mahendra Jain (urban development department) issued an order on May 17 asking BDA, BBMP and the district administration to coordinate with each other and mark boundaries of all storm water drains (SWD), lakes and rajakaluves. He also directed officials not to issue plans or change of land-use or any kind of developmental activity in buffer zone.

Sri.Mahendra Jain said, “The NGT order has to be implemented strictly in Bengaluru. The order will prospectively affect only projects that will now come up. It will not apply to earlier approved plans or buildings that are already in place.” “As far as buildings that have been built with approved plans within 75 metres of SWDs lakes or rajakaluvas, the ambit order of NGT will not affect them. In cases of plans being approved but the actual projects not yet coming in place, legal opinion needs to be taken. In such cases, BBMP and BDA will examine it legally and take a decision case wise,” he added.

According to NGT orders, buffer zones of rajakaluves, drains and wetlands must be calculated from the edge of the drain, as opposed to the current norm of measuring from the centre of the drain.

The orders will hence, disallow any further construction at least 75 metres from a lake and 50 metres around a primary SWD. Earlier, officials were following a 30-metre buffer zone order, calculated from the centre of the drain.

WHAT BBMP AND BDA NEED TO FOLLOW

» In the case of lakes and wetlands, 75 m, from the periphery of the waterbody will be maintained as a green belt or buffer zone

» 50m from the edge of a primary rajakaluve

» 35m from the edge of a secondary rajakaluve

» 25m from the edge of tertiary rajakaluve

kindly go through.... by Chandrashekhar Vithal Jadhav, Advocate & Law Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

continued to the earlier answer;.....

With the implementation of the National Green Tribunal’s landmark judgement against the Mantri Techzone Private Limited and Coremind Software and Services Private Limited to follow the 75-metre buffer zone for lakes and wetlands, the government has cracked the whip on builders.

The government has DIRECTED the two civic agencies – Bruhat Bengaluru Mahangara Palike and Bangalore Development Authority – to implement the orders with immediate effect.

The NGT orders will affect the ongoing projects which are not completed, though it is approved, projects within 75 metres of waterbodies from the border or the edge or the periphery of the boundary wall.

Though the government does not have any specific numbers of such projects that come in the 75-metre buffer zone, it has asked engineers from both the departments to conduct a fresh survey and mark boundaries of the buffer zone.

BDA, BBMP and the district administration to mark boundaries of all storm water drains (SWD), lakes and rajakaluves and have directions not to issue plans or change of land-use or any kind of developmental activity in buffer zone.

The BWSSB has already garnered itself and will be issuing notices to the apartment complexes which have more than 20 apartment to install the SEWAGE TREATMENT PLANTS and discharge the treated (properly treated) sewage to the communal drains.

According to NGT orders, buffer zones of rajakaluves, drains and wetlands must be calculated from the edge of the drain, as opposed to the current norm of measuring from the centre of the drain.

The orders will hence, disallow any further construction at least 75 metres from a lake and 50 metres around a primary SWD from the boundary wall or the border or the edge of the Lake or Raja kaluve.

Earlier, officials were following a 30-metre buffer zone order, calculated from the centre of the drain.

In the case of lakes 75 meters ( 246 feet )from the periphery of the waterbody will be maintained as a green belt or buffer zone

» 50 meters (164 feet) from the edge of a primary rajakaluve

» 35 meters(115feet)from the edge of a secondary rajakaluve

» 25 meters (82 feet) from the edge of tertiary rajakaluve

NO COMMENCEMENT CERTIFICATE FOR THE BUILDING VIOLATING THE ABOVE DIRECTIONS.

NO OCCUPANCY CERTIFICATE FOR THE BUILDINGS VIOLATING THE ABOVE DIRECTIONS.

.... by Chandrashekhar Vithal Jadahv, Advocate & Law Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

A. As per the National Green Tribunal Order, that the following distance should be maintained from Rajkulewas,Waterbodies and wetlands viz.,:-

(i) In the case of Lakes, 75m from the periphery of water body to be maintained as green belt and buffer

zone for all the existing water bodies i.e. lakes/wetlands.

(ii) 50m from the edge of the primary Rajkulewas.

(iii)35m from the edges in the case of secondary Rajkulewas

(iv) 25m from the edges in the case of tertiary Rajkulewas

B. NGT order will not applicable retrospectively which is means it is prospective nature. Hence, your building construction has been completed before this order and the plan approval also got by the builder very long back. Therefore, you can challenge the BBMP decision before the High Court. But you need to get endorsement from the BBMP and submit the same before the court. Moreover, your building is far from 70 metere from the Rajakaluve. Hence, 75 meter buffer zone is applicable only for the Lake not Rajakaluve.

C.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Hello sir , when the builder submits it sanction plan , with the competent authority,( BBMP) to obtain a licence for the development of land , first it is approved by the competent authority, only after that builder can proceed forward for the sale of the flats/project .. In your case , if the BBMP has granted licence for the development of the project and now they are not issuing the OC due to proximity of nalla, then it is a default on the side of BBMP, as they would have taken it into consideration while granting license, for development .. Moreover according to RERA provisons , OC can only be put on hold of the builder has not developed the project according to the sanctioned plan .. It is advisable , to approach national consumer forum , Delhi and make builder and BBMP a party to the complaint

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

If the government has stopped issuing OC due to ongoing NGT issues, then you may have to wait for clearance.

You may request for alternative to avail the basic amenities like electricity , water supply and tax payments based on the OC, to grant you blanket permission at least for utilisation of such services.

You can put pressures through your builder or even you can apply for it by yourself at least in respect of your own property.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

How long would it take in case we fight legally,

property is about 70metres from nallah

With the implementation of the National Green Tribunal’s landmark judgement against the Mantri Techzone Private Limited and Coremind Software and Services Private Limited to follow the 75-metre buffer zone for lakes and wetlands, the government has cracked the whip on builders. The government has asked two civic agencies – Bruhat Bengaluru Mahangara Palike and Bangalore Development Authority – to implement the orders with immediate effect.

While the new orders will not affect ongoing projects, BBMP and BDA have been asked to obtain legal opinion on the status of approved projects within 75 metres of waterbodies that are yet to take up construction activity.

In the case of lakes 75 meters ( 246 feet )from the periphery of the waterbody will be maintained as a green belt or buffer zone

» 50 meters (164 feet) from the edge of a primary rajakaluve

» 35 meters(115feet)from the edge of a secondary rajakaluve

» 25 meters (82 feet) from the edge of tertiary rajakaluve

NO COMMENCEMENT CERTIFICATE FOR THE BUILDING VIOLATING THE ABOVE DIRECTIONS.

NO OCCUPANCY CERTIFICATE FOR THE BUILDINGS VIOLATING THE ABOVE DIRECTIONS.

You may not find any result in the stretched legal battles even if you plan to fight it out legally.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

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