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Judgment
Sh. Parvin Goel and Mrs. Leena Goel, Complainants appeared in person.
Adv. V.K Ahuja alongwith Adv. Kamal Joshi and Sh. Sanjeev Kumar, AR appeared on behalf of the Respondents.
Sh. Sanjeev Dara, Executive Engineer (Bldg) HQ appeared on behalf of MCD.
Sh. Ajay Kumar Saroj, Director (Bldg) alongwith Dr. Yogesh Tyagi, Deputy Director (Bldg) appeared on behalf of DDA.
Sh. Sanjeev Dara and Sh. Ajay Kumar Saroj both clarified that obtaining Occupancy-cum- Completion Certificate is mandatory in all cases after regularization as per Unified Building By-Laws, 2016 and in subject case also the Promoter is required to obtain Occupancy-cum-Completion certificate.
They further clarified that charging penalty for occupation by MCD does not mean that occupancy has been regularized. Even if penalty has been charged by MCD, the occupancy remains illegal till such time Occupancy-cum-Completion Certificate is obtained by the Promoter as per the Unified Building By-Laws (UBBL), 2016.
Ld. Counsel for Respondents argued that since fire certificate certifies the fire safety of the building and regularization certifies structural stability of building there is no requirement of Occupancy-cum-Completion Certificate.
Ld. Counsel for Respondents also submitted that as on date 53 families have occupied flats out of 230. He further argued that pre-occupancy charges @ 25000/- per dwelling unit in case of residential plot or group housing are compoundable items under Annexure 4a to the UBBL, 2016.
Executive Engineer, MCD, Narela (Bldg) is directed to verify the Occupancy in the subject project as on date and report to the Authority within a week.
We also direct Promoter to not to allow any further occupancy in the building till further orders.
Case is posted for further hearing on 08.08.2023 at 2:30 pm.