Owners, builders demand new amnesty scheme for occupation certificates
MUMBAI: The numbers are alarming: as many as two lakh flat owners in the city are paying the price for their buildings not having occupation certificates (OC).
A staggering 10,000 buildings do not have the mandatory OCs that forces these occupants to shell out huge amounts of money to avail basic civic amenities such as water supply. These flat owners have to pay double the amount of water tax and are also charged higher for other services.
Also, these buildings are denied the ownership of the land on which they stand for want of OCs. The reason for this is most of the builders that constructed these structures violated the FSI (floor space index) rules.
According to Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association (MSWA), the flat owners are paying for the violations carried out by the builders. “It is impossible for the flat owners to rectify the violations carried out by the builders as they demand huge costs,” said Prabhu. “We need a simplified amnesty scheme to get the OCs,” he added.
The Brihanmumbai Municipal Corporation (BMC) issues an OC only when the builder has adhered to all the rules and regulations specified in the development control (DC) rules. However, over the years, builders have just handed over the flats to the buyers and exited from the project, leaving the buyers in a lurch.
Although the building is illegal, the BMC taking a humanitarian stance by supplying water but has doubled the charges. The amnesty scheme to obtain OCs that was launched by the BMC some years back proved to be an utter failure.
Builders though blame the system saying it was time to revisit the issue. “A builder alone cannot be blamed as the regulations have become so antiquated that it is not possible to implement them,” said Anand Gupta, spokesperson, Builders Association of India (BAI). “In many cases, even the flat owners have carried out illegal alterations,” he added.
In 2013, the Bombay high court came down heavily on this issue, saying that flat owners should not be given possession till the OC is re-obtained for the structure. Though the practice still continues, it merely remains on paper.
WHAT THIS MEANS FOR OWNERS
IT IS IMPOSSIBLE FOR THE FLAT OWNERS TO RECTIFY THE VIOLATIONS CARRIED OUT BY THE BUILDERS AS THEY DEMAND HUGE COSTS. WE NEED A SIMPLIFIED AMNESTY SCHEME TO GET THE OCS.
RAMESH PRABHU, chairman, Maharashtra Societies Welfare Association.
Buildings without occupational certificates are denied the ownership of the land on which they stand The reason being most of the builders that constructed these structures violated the FSI (floor space index) rules They did not set aside the mandatory open spaces, construct compound walls or sewage disposal systems Many even defaulted in paying dues to several government agencies Residents end up paying huge amounts for water supply and other basic civic amenities
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