Procurement of Occupancy Certificate - NGT Challenges

[Jaiganesh T R]

Hi,

Our society construction work got over in April 2017 and we association took the hand over from builder during May 2017. Builder raised a request for OC with BBMP during June 2017 because of the amount of pressure we owners created to him. Builder also shared a receipt copy as a proof to say that he already raised a request to BBMP for procurement of OC.

Inspite of continuous follow up with Builder, he didn't took any actions specific to procuring OC for our society. Recently we sent a warning notice to builder to complete the OC process. He called for a meeting and explaining that OC process is being blocked now because of the challenges imposed by NGT(National Green Tribunal) regarding construction of apartments near lakes. He is telling that OC process can be started once NGT issue gets cleared which is expected to happen during coming June/July timeframe.

Our society is not near to lakes, but we have a small Nala called RajaKalve which is behind our apartments. There is enough buffer zones already given for that as well as per the norms. We are not convinced with the builder explanation, although we showed some pointers from the internet, he strictly says that he follows what builder associations are requested to follow and he cannot violate the rule. He strictly told us that OC process will start after June/July timeframe. Its been already 2 years now since we took the possessions of apartments and I am worried whether we will get OC for our society or not. 

We are also thinking of taking legal action against builder on the same. Not sure whether to wait till July timeframe or take legal actions immediately to procure OC and Khatha.

Please guide us on the current status of NGT issues and how to take this issue forward. Any expert advice will really help us to move forward with next step.

NOTE: In parallel, we also raised a RTI to BBMP requested them to provide the status of our OC which was applied by Builder during last June 2017.

Thanks and Regards,

Jaiganesh

[Ahneesh Pujari]

Hi Jaiganesh,

Did you receive any response to the RTI?

We are in a similar situation with respect to OC. The builder has been making up on excuse or another for the last 2 years now.

I submitted an RTI to BBMP 3 months back but there was no response and now I have submitted a First Appeal. They said that a response can be expected between 10 to 45 days but I do not know whether I can be very hopeful about the same.

It would be great to hear a positive experience as far as RTI filed with BBMP goes.

Regards,

Ahneesh

[CN Kumar]

If you have time visit the BBMP head office town planning section after 3 pm and try to find out if an application for OC has been submitted. If yes then put an RTI application and ask for file inspection. Carry a ₹10 postal order with you. 

After file inspection is granted study the file carefully and also note sheet. Ask for document copies after inspection. That way you will know the true picture on status and decide on next steps. 

Please carry OC application submission receipt if you have from builder. 

Regards 

CN Kumar 

9844056666

c...@advantageofindia.com

Sent from my iPhone

On 24-Jul-2018, at 5:09 AM, Ahneesh Pujari <anis...@gmail.com> wrote:

Hi

[Ahneesh Pujari]

Hi Mr Kumar,

Isn’t it a legal requirement for the authorities to respond to an RTI application ?

What legal steps can one take if there is not response for several months together?

Regards

Ahneesh 

Sent from my iPhone

[Umapathi S]

Kindly escalate the matter to Karnataka information commission by filing Appeal/complaint you will get the relief. 

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[CN Kumar]

You have to make a first appeal after 30 days if you haven't received a reply. 

Hope you followed what I had suggested in my mail earlier. 

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[RK Suprabatha Association]

Hi,

We are also in a similar state. Our Apartment was constructed in 2005 and we got the BWSSB connection in the year 2016. We have been charged penalty to the tune of 50% of the monthly bill (for sewage and cauvery water) for not holding a OC.

What is the requirement for having a OC. Is it mandatory for all apartments or specfic to buildings constructed beyond a certain period. Any notification available to this effect?