Illegal construction within the building causing an obstruction to get the OC for the remaining floors. MahaRERA while hearing a case decided that its secretary will inform authorities to get it removed.
By Varun Singh
When illegal construction of one phase in the building was causing obstruction for obtaining Occupancy Certificate for the other phase.
MahaRERA directed its secretary to inform the concerned authority Competent Authority to take necessary action regarding illegal construction in the building.
Recently during a hearing, the builder informed the authority that he was unable to obtain Full OC. The builder stated Full OC could not be procured due to the illegal extensions carried out by the occupants in the ground and first floors.
Milind Hebli, approached MahaRERA, against Shriram Developers, in regards to a redevelopment project Shri Ramdas Sahakari Griha Nirman Sanstha (Proposed), Thane.
Hebli stated that he is an original member as well as purchaser of an apartment in the project. He prayed that directions be issued to the builder to register the project in accordance with the provisions of Real Estate (Regulation & Development) Act, 2016.
During the hearing it transpired that the redevelopment project started in 2011. The ground and first floor of the building has been completed with part OC and also occupied. The upper floors up to 6th are unoccupied and Full OC has not been received till date.
During the hearing, the builder submitted that though the construction is almost complete, Full OC could not be procured due to the illegal extensions carried out by the occupants in the ground and first floors.
Gautam Chaterjee, Chairman, MahaRERA noted that the builder has completed the phase of the real estate project consisting of the ground and first floor, with part OC and the said floors have also been occupied, prior to the commencement of the said Act.
Chaterjee further said, “The construction completion work on the second to sixth floors cannot be carried out because there are alleged unauthorized extensions that have happened in the building, which are beyond the approvals given by the competent planning authority.”
His order noted, “In such a situation it would not be proper to direct the Respondent (builder) to register the balance phase of the project, at this stage. It would rather be prudent to direct the Secretary, MahaRERA to inform the concerned Competent Authority to take necessary action regarding illegal construction in the building.”
The builder was directed to apply for MahaRERA registration within 30 days of obtaining the clearance from the Competent Authority, regarding removal of the illegal extensions in the building.
The builder was further directed that he shall not advertise, market, book or offer for sale or enter into agreement for sale of any apartment on the floors from 2nd floor to 6th floor, without rectifying the illegalities in the building and thereafter obtaining the appropriate approvals from the Competent Planning Authority and without registering the balance phase of the building with MahaRERA.
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