IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 14604 OF 2024
(Arising out of SLP (C) No.36440 of 2014) RAJENDRA KUMAR BARJATYA AND ANOTHER ... APPELLANT(S) VERSUS
U.P. AVAS EVAM VIKAS PARISHAD & ORS. ... RESPONDENT(S) CIVIL APPEAL NO. 14605 OF 2024
(Arising out of SLP (C) No.1184 of 2015) RAJEEV GUPTA AND OTHERS ... APPELLANT(S) VERSUS U.P. AVAS EVAM VIKAS PARISHAD & ORS. ... RESPONDENT(S)
"(i) While issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate from the authorities concerned.
(iii) Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/occupation certificate in respect of residential / commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay. If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion/occupation certificate should be deferred, unless and until the deviations pointed out are completely rectified.
(v) Even after issuance of completion certificate, deviation / violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with law, against the builder / owner / occupant; and the official, who is responsible for issuance of wrongful completion /occupation certificate shall be proceeded departmentally forthwith.
(vi) No permission /licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building.
(vii) The development must be in conformity with the zonal plan and usage. Any modification to such zonal plan and usage must be taken by strictly following the rules in place and in consideration of the larger public interest and the impact on the environment.
(viii) Whenever any request is made by the respective authority under the planning department/local body for co-operation from another department to take action against any unauthorized construction, the latter shall render immediate assistance and co-operation and any delay or dereliction would be viewed seriously. The States/UT must also take disciplinary action against the erring officials once it is brought to their knowledge.
(ix) In the event of any application / appeal / revision being filed by the owner or builder against the non-issuance of completion certificate or for regularisation of unauthorised construction or rectification of deviation etc., the same shall be disposed of by the authority concerned, including the pending appeals / revisions, as expeditiously as possible, in any event not later than 90 days as statutorily provided.
(x) If the authorities strictly adhere to the earlier directions issued by this court and those being passed today, they would have deterrent effect and the quantum of litigation before the Tribunal / Courts relating to house / building constructions would come down drastically. Hence, necessary instructions should be issued by all the State/UT Governments in the form of Circular to all concerned with a warning that all directions must be scrupulously followed and failure to do so will be viewed seriously, with departmental action being initiated against the erring officials as per law.
(xi) Banks / financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned.
(xii) The violation of any of the directions would lead to initiat
"(i) While issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate from the authorities concerned.
(iii) Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/occupation certificate in respect of residential / commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay. If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion/occupation certificate should be deferred, unless and until the deviations pointed out are completely rectified.
(v) Even after issuance of completion certificate, deviation / violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with law, against the builder / owner / occupant; and the official, who is responsible for issuance of wrongful completion /occupation certificate shall be proceeded departmentally forthwith.
(vi) No permission /licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building.
(vii) The development must be in conformity with the zonal plan and usage. Any modification to such zonal plan and usage must be taken by strictly following the rules in place and in consideration of the larger public interest and the impact on the environment.
(viii) Whenever any request is made by the respective authority under the planning department/local body for co-operation from another department to take action against any unauthorized construction, the latter shall render immediate assistance and co-operation and any delay or dereliction would be viewed seriously. The States/UT must also take disciplinary action against the erring officials once it is brought to their knowledge.
(ix) In the event of any application / appeal / revision being filed by the owner or builder against the non-issuance of completion certificate or for regularisation of unauthorised construction or rectification of deviation etc., the same shall be disposed of by the authority concerned, including the pending appeals / revisions, as expeditiously as possible, in any event not later than 90 days as statutorily provided.
(x) If the authorities strictly adhere to the earlier directions issued by this court and those being passed today, they would have deterrent effect and the quantum of litigation before the Tribunal / Courts relating to house / building constructions would come down drastically. Hence, necessary instructions should be issued by all the State/UT Governments in the form of Circular to all concerned with a warning that all directions must be scrupulously followed and failure to do so will be viewed seriously, with departmental action being initiated against the erring officials as per law.
(xi) Banks / financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned.
(xii) The violation of any of the directions would lead to initiat
2 comments:
Mr. Yashwant Dalal, Patron members of The Estate Agents Association of India ( Estd 1968) ,
Professional Estate Agents since 1982.
After read the opinion /orders of SC regarding the activities of illegal construction , I'm very much disappointed and personality not agreeing the Order passed by SC , because of since 1963 onward over 60% Buildings in Mumbai doesn't have Occupation Certificate and /or Building Completion Certificate, including my building which was constructed in 1980 , I asked to Hon'ble SC that why punished to only Occupants of illegality constructed Building and not to Builders , MCGM ? Main culprits are corrupt Officers of MCGM , State Revenue Dept & Township Planning Department .
SC must keep eye on Courts whereas hugely negligence and irregularities prevailing, including huge corruption.
SC should take serious action against those Advocate who is accepting such illegal cases and activities and arguing the cases before Hon'ble Court for several years.
My opinion is that State Govt. should either punished or regulerised the illegal construction as soon as possible . Under Compounding Structures Act which was banned or Stay by Hon'ble Bombay H C & S C
As per my knowledge everywhere in India over 60% Builders have constructed extra area then permitted by Authorities by offering huge bribes to Govt. officials. Such Builders and Govt.officers must be punished for death sentence. Without that SC and Govt. can't stop illegal construction.
I think it is useless ideas of SC unless death punishment to the corrupt Government officers , Builders and Operator of financial from Banks and NBFC who bring such huge funds / mobilized from abroad at very lover interest rate .
All BMC and registering authority Authority's shall pay the cost & damages to the purchasers of residential and commercial premises with full amounts invested in illegal construction.
MahaRERA has taken strict action against such illegally constructed Building by such fraud Builders and even against Estate Agents. MahaRERA should also involved those properties which was constructed prior existence of RERA 2016 and MahaRERA since 1st May 2017. If OC or BCC not granted to any Building then such Building should not be allowed for Redevelopment till obtained full OC and/or BCC. Illegal construction of the Building should not be benefited for Redevelopment even though obtained Deemed Conveyance Certificate from DDR , Complaint Authority. Appointment of Builders for Redevelopment of Society Building must obtained full OC for existing Building prior start Redevelopment of society Building Projects. MCGM shall not entertain such project whereas full OC is not granted by MCGM . Otherwise all illegal constructed area of Building will get full benefits and legal Occupants will punished lot. Kindly distinguish the legal and illegal and/or unauthorized Occupants 1st then if Builders are ready to take responsibility for such unauthorized Occupants then only issue full CC . It is in the interest of existing legal Occupants.
Mr. Yashwant S Dalal is MahaRERA Registered and Qualified Real Estate Agents & Patron members of The Estate Agents Association of India ( Registered under B P T Act 1950 ) since 1968.
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