Mumbai OC Amnesty Scheme Faces Hurdles: Tardeo's Willington Heights Residents Unable To Apply, Only 4 Societies Succeed

Mumbai, November 4, 2026: Willington Heights CHS, the 34-storeyed high-rise in Tardeo whose top 17 floors were vacated in August last year following a Bombay High Court order, which also triggered the BJP government to announce the OC Amnesty Scheme, is unable to apply for the amnesty scheme.

The residents are facing problems since the building has a partial OC and the BMC's AutoDCR website does not allow such buildings to apply, while applications by individual residents are also not going through, despite the September 8 BMC guidelines allowing individual applications.

Satish Mehta, a resident of Willington Heights, said, "If the BMC was not ready with its system, why did it come out with the SOP and guidelines? Since the policy is officially implemented from September 8, we are also losing time to apply within six months to get our 100% penalty waived off. We were promised that our case falls well within the amended OC Amnesty Scheme and we will get OC soon. We have withdrawn our HC cases as well, and have got fire safety compliances too."

"We are not only waiting for OC but eagerly waiting to reside in our own houses, purchased with our hard-earned money. It's more than a year that we, the top 17 floors residents, are staying at alternate accommodation," Mehta added.

Sunil Rathod, Chief Engineer of the BMC Development Plan Department, said, "For cases like Willington Heights CHS and individual applicants, there are three norms under the Mumbai Municipal Corporation Act which need to be relaxed. We have written to the state UDD on the same and expect the relaxation to come into place within a couple of months."

Technical Glitches Hinder OC Amnesty Applications

The OC Amnesty Scheme, which was sanctioned by the state UDD in December last year and passed in the BMC general body in August this year, has several such technical and practical glitches hindering genuine residents for whom the scheme was introduced.

Some of the hurdles include individual applicants being unable to upload documents, delays in applications implying full penalties, the scheme accepting DCPR 2024 rules while maximum buildings before 2016 were built under DCPR 1991, creating confusion among residents, developers' NOCs still being required, creating a major hurdle for buildings whose developers are absconding or against whom litigation is ongoing, and buildings violating civil aviation height rules requiring further clarity, among others.

While the scheme is aimed at benefiting nearly 20,000 buildings which are authorised but lack OC, the SRA and MHADA are yet to come up with their SOPs and guidelines for the policy. Thereby, as of now, the scheme is limited to buildings falling under the BMC for granting an Occupation Certificate.

PEATA Flags Practical Implementation Issues

Yomesh Rao, President of the Practicing Engineers Architects and Town Planners Association (PEATA), said, "People staying in buildings without OC not only pay double water tax and assessment but the fear of no-OC buildings is that it is an ultimate weapon in the hands of the BMC to demolish, file FIR and evict, which is used as a threat for obvious reasons. This is bad for the occupants without OC or any unauthorised extension too."

"The OC Amnesty Scheme is brought in to benefit maximum people and the application system should have started from day one of the implementation. But the application system has several hurdles. The PEATA will keep knocking on the doors of BMC, UDD and Government for the fraternity and the public at large," Rao said.

Regarding Willington Heights CHS, Rao said, "It should be read as the upper floors with no OC can get the benefit of amnesty as per the eligibility and others who do not qualify shall have to pay full price. But the entire building can be regularised as per prevailing norms and rules, to the best of my understanding. It is unfortunate that it is yet not regularised and genuine residents are still staying at alternate accommodations."

Architect Manoj Daisaria, former PEATA President, said, "The OC Amnesty Scheme has the potential to unlock substantial value in Mumbai’s residential housing stock that has remained in limbo for years. For many societies, the absence of an Occupation Certificate has become a legacy issue affecting flat transactions, bank finance, property valuation and, importantly, future redevelopment.

The scheme provides an opportunity to resolve eligible cases in a structured manner. However, the technical and administrative lags prevent genuine residents from taking benefit of the scheme. The issues need to be addressed soon so that maximum people, for whom the scheme is meant, can benefit from it."

Key Details Of The OC Amnesty Scheme

• The OC Amnesty Scheme was announced last year before the BMC elections.

• It aims to benefit around 20,000 buildings across Mumbai but lacks occupation certificates.

• The scheme, sanctioned by the state Urban Development Department in December 2025, is applicable for flats up to 80 sq. mt. (816 sq. feet) built from 1991 to November 17, 2016.

• Apart from residential buildings, schools and hospital buildings will also be considered.

• Penalty for applicants who apply within six months of implementation of the scheme is waived off by 100%.

• Penalty for commercial use is not waived off.

Technical And Administrative Hindrances In The Scheme

• Only the BMC has come up with the SOP and guidelines, which were issued on September 8, 2026 (legally making it implemented).

• However, SRA and MHADA are yet to come up with their SOPs. Thus, residents staying in SRA and MHADA buildings continue to wait despite the scheme being sanctioned.

• Several buildings built before 2016 were constructed as per DCPR 1995, while the scheme considers DCPR 2034. Thus, residents are confused about how their buildings will be accommodated under the scheme.

• Since almost two months of scheme implementation, only four societies could successfully apply due to technical issues on the BMC's AutoDCR website. Residents were unable to upload documents.

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Practical Hindrances Pointed Out By PEATA

• No Amnesty-Specific Formats: The amnesty files are being scrutinised in the same way as a regular OC application. If the earlier practice continues, it can fail the scheme.

• Areas Of Subjectivity (Marginal References): There is no specified rule, leaving it to interpretation for partial occupation or for documents showing different dates. The RERA carpet limit does not specify what happens when only some flats exceed 80 sq. m.

• Developer’s NOC Still Required: Society and individual applications need the owner/developer’s NOC until the UD Department directs amendments to the MMC Act and MR&TP Act. Until then, the portal accepts only owner applications. Those the scheme is meant for cannot use it.

• The Penalty-Waiver Clock Is Already Running: Nil penalty applies only up to 08.03.2027 and 50% up to 08.09.2027, counted from the SOP date. Societies will remain barred with this relaxation as time is running to apply.

• Fresh NOCs Are Not Exempted: AAI, Railway, MCZMA and MoEF NOCs must be obtained afresh. Older buildings may not meet present height or CRZ norms, and CRZ cases cannot be regularised at all.

• Limited Concessions: Only CC revalidation and regularisation charges get 50% concessions. Clarity is needed on whether scrutiny fees are payable in full and all other premiums are charged as per the new proposal at current rates.

• Liability Should Not Be Shifted To Occupants: Where layout infrastructure is pending, the Occupation Certificate is given only against a registered undertaking-cum-indemnity bond by the society. Shifting the developer’s default to the occupants should not be the case.

• Blanket Bar For Court And ACB Matters: Pending court matters and ACB cases bar the Occupation Certificate until an order is obtained, even where the dispute does not concern the applicant’s flat. This should be clarified.

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