OC is meant for entire building, not for individual flats: HC

An occupancy certificate (OC) cannot be issued to individual flats, as it is a certification meant for the entire building, the Bombay high court has said while staying an OC granted by the Brihanmumbai Municipal Corporation (BMC) to two flats in Quettawalla Residenecy in Agripada

An occupancy certificate (OC) cannot be issued to individual flats, as it is a certification meant for the entire building, the Bombay high court has said while staying an OC granted by the Brihanmumbai Municipal Corporation (BMC) to two flats in Quettawalla Residenecy in Agripada.

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“There is no concept of a flat-wise OC. An OC is issued to part or the whole structure, i.e. either the entire building or up to a specified floor,” a division bench of justice Gautam Patel and justice Kamal Khata said in their order on Monday.

The court was hearing a contempt petition filed by Najma Aslam Merchant against Darvesh Properties in Khar (West). Merchant, currently residing in Panchgani, had alleged a breach of HC’s earlier order by the developer.

Merchant had first approached HC in 2022 to facilitate the redevelopment of Quettawala Residency where she owned two flats – 701 and 702 – on the seventh floor. After a legal tussle, both parties agreed to the terms laid down by HC on March 16, 2023.

The contempt petition, which was filed last year, claimed the developer failed to acquire the building’s OC within the deadline, making Merchant eligible for a sum of ₹51,21,035. The developer, however, argued before the court that he had obtained an OC for Merchant’s two flats by June 22 and hence he was absolved from any liability to pay.

Dismissing the developers’ argument, the court said an OC cannot be obtained on per-flat basis; it must pertain to the entire structure.

The court also chastised BMC for issuing a certificate against legal provisions. “The municipal corporation must not allow itself to be misled by any individual into granting certificates contrary to law. It is always open to any officer of the civic body to tell the developer to obtain an order of a court permitting this kind of an OC.”

The bench emphasised that as an OC declares a structure fit for human occupation and having all the basic facilities “it was inconceivable that there could be water supply to two flats on the 7th floor but not to other flats on that floor nor to any of the flats above or below the 7th floor”.

HC directed the developer to deposit ₹51,21,035 with the court’s register.