Issues with occupancy certificate

The authentic response can only be provided by a Municipal corporation.  It is not clear as to whether the builder has issued a notice stating of such deemed OC, demanding balance payments. Please file on line RTI Application to the relevant corporation with Rs.10/- as RTI fee.  You may seek information as follows:

Subject on which information is sought: We had booked flats in a project at.....................in................. and the builder......................................... states that the project is completed and inviting us for possession. The problem here is that the builder states that the OC is deemed as per the following.  Please note that as per MRTP act, 1966, Section 45(5), read along with Maharashtra directive number TPS-1816/CR-452/UD-13 dated 29.11.2017, occupancy of ''xxx PHASE I'' is deemed to be granted. We have intimated the same in MAHA RERA as well. We invite you to please clear your pending dues and take possession at the earliest. However, we as buyers want Occupancy Certificate from the competent authority and not the deemed one. Builder is forcing us to take Possession and also stating that since the project is completed from his side, he would also charge interest for delay in payment of maintenance.

Information solicited:  1. Please inform the laid down norm for deemed OC and such norm is applicable to the above building.

2. Please inform the reasons as appearing in office notes for not issuing OC for the project.

3. If there are violations, inform and provide such copies of notices given to builder refusing OC for the above project.

Hi thanks for your reply, we had raised an rti and we went to the municipal corporation too.The muncipal corporation told us that the entire plot of the builder is under reservation for playground 

The history of the project is as follows:

The project got its commencement certificate in the year 2013 and at that time the competent authority was zilla parishad 

In 2015 the area was transferred to kdmc jurisdiction and  then part area where the builder was developing was added as a part of playground in the development plan

In 2017 the area of the builder was entirely put as a aprt of the playground and then municipal corporation issued a stay order

The builder then appealed in highcourt with writ petition and got an injunction favourable to the builder and the stay was lifted. 

Now the building is completed but muncipal corporation is not issuing OC because they say there is reservation on the plot and builder says that reservation was put after the commencement certificate was provided. 

Because of this we buyers are suffering and we are not getting OC from authority. We want to appeal and explore our legal options as a group. 

Attaching the high court judgement for your reference. 

Kindly let us know what legal options we have as a group. The ask here is to force the builder and the muncipal authorities to provide us OC

It will be advisable to enquire with MAHARERA -Mumbai, with the relative reference number of the building plan to know the exact position. 

One of the lawyers we consulted suggested us to file a writ of mandamus with parties as follows

Buyers, muncipal authority and Builder.

Is this a good way to go forward? 

Yes, filing the Writ Petition is the best option.

Thank you so much for the advice. 

Is it a good idea to include the muncipal corporation along with the developer when filing mandamus writ petition?

Thanks for your reply Mr Venu. Can you please let us know if it would be advisable to include the municipal authority in the writ petition along with the builder?

Asking this because we do not want to be seen fighting on behalf of the builder but rather force muncipal authority and Builder fight it out and we as buyers get a favourable response from high court stating that we are good to live in that building.