The Bombay High Court ordered CIDCO to consider the application for Occupancy Certificate (OC) for the flat buyers in the housing project Bhagwati Greens 3 in Kharghar.
CIDCO had refused to grant OC twice in a year to Bhagwati Developers, one of the most prominent developers of Navi Mumbai, for excess 1297 sq/m construction of the refugee area.
Flast owners file cases against developer
The flat owners had filed 42 separate cases from July 2022 against the Developer for delayed possession and for claiming interest and compensation, the same is pending before MahaRERA.
In September 2022, CIDCO refused to grant OC to the project stating that commencement certificate was issued with cupboards, flowerbeds and pocket terraces as free of FSI component which was challenged in public interest litigation.
Earlier, CIDCO had refused to grant OC in March 2022 as the Developer had received commencement certificate in 2017 and as per then prevailing norms which sanctioned cupboards, flowerbeds and pocket terraces as free of FSI components. The pendency of PIL delayed the possession of homes for hundreds of buyers of the project.
Buyers file Writ Petition in HC
The home buyers filed a separate complaint against the Developer and requested the Developer to file Writ Petition before Bombay High Court for receiving Occupancy Certificate but the Developer had failed to take steps to obtain Occupancy Certificate. The buyers together decided to file Writ Petition in Bombay High Court and prayed that pending PIL, their application for OC should be considered.
The High Court granted relief to the buyers and directed CIDCO thatthe outcome of PILs would be binding on the Developer/Allottees of the project but application for OC has to be considered.
Parth Chande, an Advocate from RERA Easy fighting the case on behalf of flat buyers said, “Bhagwati Greens 3 flat owners at the time of purchase and execution of their respective Agreement for Sale were promised that the project shall consist of 3 buildings Wings A,B and C. Even as per the layout plan sanctioned by CIDCO in 2017 and 2019, the Developer is entitled only to construct three buildings / wings, butthe Developers, in order to increase his profits, decided to construct one more building on the project land in the year 2022. The buyers had objected.”
“The Buyers went to meet the Developers multiple times to convince them not to construct additional building by changing the layout plan and to adhere to the sanctioned plans and obtain Occupancy Certificate for the same. The Buyers of the project also visited CIDCO officers and requested them not to permit the Developer to change the layout plan of the project since the Developers do not have required informed consent of the 2/3rd (67%) Allottees in the project, as required under section 14 of RERA and prevailing laws for change of layout plans,” he added.
The Home Buyers had agreed to purchase flats as the project is located in the midst of Kharghar Hills and has splendid view of Kharghar Waterfalls, Iskon Temple, Golf Course and Central Park. All this would have been lost and affected and their right to privacy and access to natural light and air would have been compromised due to construction of additional building in the project. T
herefore, to restrain the Developer from changing the layout plans, a separate complaint was filed by association of Home Buyers before MahaRERA on May 11, 2022 and a status quo order to restrain the developer from changing the layout plans was obtained on May 17, 2022.
The Writ Petition too was filed by Home Buyers on 29th November 2022 and Directions to CIDCO were also received on 8th December 2022.
The Buyers have filed separate 42 cases from July 2022 against the Developer for delayed possession and for claiming interest and compensation and the same is pending before MahaRERA. Although it has been 6 months since filing of the complaints, Buyers expect a favourable order in short time from MahaRERA.
An official from the Bhagwati Group said, “We have already applied for OC at CIDCO and we are awaiting a response from their end.”
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