The state government recently announced a policy for regularising buildings lacking an occupation certificate (OC) in Mumbai, in cases where factors are beyond the control of occupants, like land transfer or administrative lags. The government says the policy will benefit around 25,000 buildings without OC in Mumbai.
In this backdrop, The Free Press Journal spoke with the President, Cooperative Societies Residents Association, senior advocate Vinod Sampat, who said that the new OC policy will allow the builders/developers to go scot-free.
Q. There are lakhs of people in Mumbai staying in buildings without OC. Why do residents at first place take possession of such flats?
A: It is the builder who makes the flat purchasers take possession for the purpose of furnishing, interior work etc. Most of the time, the residents are not aware that the building lacks regularisation on paper. They are under the impression that it is under process and they start residing without OC.
Q. Does this mean the builders fool the residents?
A. Yes, the builders take undue advantage of the situation and residents suffer. Firstly, BMC charges more money for providing water connections on humanitarian grounds. Secondly, many times the developers have violated certain norms while construction, which at times cannot be regularised. Thereby, the builder makes flat purchasers’ scapegoats and vanishes with the money.
Q. What is your view on the new OC policy announced by the government, which is said to benefit some 25,000 buildings in Mumbai?
A. The government is allowing the builders to go scot-free. Why doesn’t the government take action against the builders, send them to jail for not obtaining OC? Also, this announcement is more of an election gimmick ahead of the BMC elections. It is a win-win situation for all- the residents, builders and government. There is a collision of politicians with the builders, who fund their parties.
Q. There are how many buildings in Mumbai without OC?
A. As per my knowlegde, since 1947, not more than 25% of the buildings have got OC. Including BMC, SRA and MHADA and other agencies, there must be more than 1 lakh such buildings in the city.
Q. What is the legal way to stop this?
A. There is no law that protects the flat purchasers in an effective manner. The builder should not be allowed to sell 10% of the flats till they handover the conveyance and OC. Also, all builders who have not obtained OC should not be allowed to carry constructions in future. Even if these two rules are followed, 90% of the problems are solved. But the government is at the mercy of builders. What stops the government from filing an FIR?
