DR. PRADEEP B. PAWAR vs DILIP VARYAMAL VIRMANI & ORS.

In terms of the directions given by the District Forum in the consumer complaint filed by the petitioner, the respondents were required interalia to obtain the requisite Occupancy Certificate and execute the conveyance deed in favour of the Society. It transpired during the course of hearing that the respondents had obtained the Completion Certificate No.168/03 dated 19.9.2003 from Group Grampanchayat, Cherpoli Bamne. The question which arises for consideration in this petition is as to whether the aforesaid Gram Panchayat was competent to issue the requisite Completion Certificate or not, on the date it was issued. When this petition was heard, on 28.4.2016, a notice was issued to the Collector of District Thane to inform this Commission as to whether Grampanchayat Cherpoli, Taluka Shahpur, District Thane was competent to approve plan on 3.10.2001 and Group Grampanchyat Cherpoli Bamne was competent to issue the Completion Certificate on 19.9.2003 in respect of the project in question. Mr. N.B. Nagargoje, Assistant Director appeared before this Commission on behalf of Collector Thane on 4.1.2017 and filed an affidavit in response to the directions given by this Commission. He also stated before this Commission that though Group Grampanchyat Cherpoli Bamne was competent to issue Completion Certificate on 19.3.2003 it should have consulted the District Town Planner before issuing the Occupancy Certificate. He further stated that they are writing to the State Govt. to regularise the aforesaid irregularity. The affidavit of Mr. N.B. Nagargoje to the extent it is relevant, reads as under:-

"5. I say that according to section 42 of Maharashtra Land Revenue Code, 1966, no person can change the use of agriculture land to non-agriculture without permission to Hon''ble District Collector. I say that it is necessary for village Panchayat to take permission of Hon''ble District Collector before converting any agriculture land to non-agriculture purpose. Hence Village Panchayat has to refer the matter to Hon''ble District Collector for converting agriculture land to non-agriculture purpose. Hereto annexed and marked as an Exhibit "C" is a copy of Section 42 of Maharashtra Land Revenue Code, 1966.

I say that the Hon''ble District Collector while granting non-agriculture call for the reports/opinion of District Town Planner. There after the District Town Planner after scrutinizing the case according to the B&C class of rural areas, recommend the proposal to the Hon''ble of District. Therefore before granting non-agriculture permission, NOC of Gram Panchayat being local authority is also taken. Hence I say that power to grant development permission outside Gaonthan limit remains with Hon''ble District Collector.

But after grant of N.A. order occupancy certificate mentioned in Rule No.12 of development control regulation of B and C class "Every persons erecting building shall within one month after completion of such Building, shall give written notice to the authority through qualified Architect/Engineer Supervisor regarding completion of work" and occupancy certificate is issued under Rule No.13 of said rule. Hereto annexed and marked as an Exhibit "D" is a copy of rules of development control regulation of B and C class.

Since in village Panchayat area after Grant of N.A. Permission, power to grant occupancy certificate will remain with panchayat. But since permission has been granted with prior concurrence of District Town Planner according to B and C class rule opinion of District Town Planner before granting occupancy certificate under rule No.13 has not been taken. And the same has not been seen to be taken in this present case."

It is thus evident that as per the concerned Collector, Group Gram Panchayat Cherpoli ought to have taken the concurrence of District Town Planner before granting the Completion Certificate, which has not been done in this case. There is no evidence of the aforesaid irregularity having been regularised by the State Government till date. Therefore, the Completion Certificate dated 19.9.2003 cannot be considered to be a valid certificate in the eyes of the law, the same having been issued without consulting the District Town Planner. The conveyance deed also would be defective if it is executed without obtaining the Completion Certificate in accordance with law. Therefore, the revision petition is disposed of with the following directions:- (i) The respondents would request Group Grampanchyat Cherpoli Bamne, within four weeks from today, to obtain concurrence of the District Town Planner in respect of the project in question at the earliest possible and issue a fresh Completion Certificate or confirm the certificate previously issued if the requisite concurrence by the District Town Planner is given.

(ii) If for one reason or the other, the requisite concurrence by the District Town Planner is not given, within a period of three months from the receipt of request from Group Grampanchayat for grant of the requisite concurrence, the respondents shall initiate such action as may be open to them in law, to obtain the requisite Completion Certificate within three months of the date by which the District Town Planner is expected to grant concurrence in terms of this order or within three months of the concurrence being refused, whichever be earlier.

(iii) The conveyance deed in favour of the Society will be executed as soon as the Completion Certificate in accordance with law is issued to the respondents. It is made clear that once the Completion Certificate is issued, the Society shall comply with all the requirements for the execution of the conveyance deed in its favour.

The petition stands disposed of with no order as to costs.