Buildings, which are occupied, despite lacking Occupation Certificate (OC) are a rare thing in Mumbai. There have been several instances in the past which are a proof of this. But, perhaps, it is the first time that MahaRERA has taken action against residents who were occupying flats in a building, which hasn’t received an OC.
According to a report by squarefeatindia.com, MahaRERA while hearing a matter noticed that residents were occupying a building despite construction work still going on. The building in questions is Nivrutti Heights which is being developed in Pimpri-Chinchwad Municipal Corporation limits. The report states that 62 flats have been constructed, but some amount (just 1% according to the promoters) of construction work is still pending.
MahaRERA further noticed that 45 families were residing in the building and is not safe to live in due to lack of fire system and other safety measures. The state real estate authority further noticed these families were residing without the building having an OC.
According to Section 3 (2) (i) of MOFA 1963, home buyer can not take possession of such flats without OC, it also prohibits a builder from inducting any person without completion certificate in the flats. While taking action against promoter and the occupants, MahaRERA member B D Kapadnis, who was hearing the matter, according to squarefeatindia.com report said, "In view of this legal position, I find that it is necessary for this Authority to prosecute the complainants, respondents and all those occupants, who have occupied the premises without OC. Therefore, it is necessary to refer the issue to Municipal Commissioner for taking action in accordance with the law.”
The MahaRERA directed the secretary to bring to the notice of the Municipal Commissioner of Pimpri Chinchwad to take legal action against the offenders.