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Author :
Vilas Dhage
Posted On 10 July 2012 at 22:01
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Dear Sir/Madam,
Use/occupation without occupancy certificate in respect of building which has been given develolpment permission, is an offence?
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Expert :
Advocate Rajkumarlaxman
Posted On 11 July 2012 at 08:13
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of course its illegal. and can be attracted by MRTP Act 1966. bmc has powers to vacate such illegally possessed tresspassers.
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Author :
Vilas Dhage
Posted On 11 July 2012 at 08:25
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Dear Adv. Rajkumarlaxman,
Thank you very much for promptitute, but could you quote exact section provision of the act and any case law/judgement where the court has declared or decided occupation/use without Occupancy Certificate is an offcence in respect of permission of development is given and the construction is as per development permission.
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Expert :
ajay sethi
Posted On 11 July 2012 at 12:14
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1)under section 31 of DCR Rules maharashtra Govt has sanctioned development control regulations for Greater mumbai .
2)it applies to all building activity and development work in areas under jurisdiction of Muncipal coprortion of greater Mumbai .
3) it provides that no person shall erect a building or carry out any development unless commencement certifcate obtained from Commissioner . necessary to have building plans sanctioned .
4)owner is liable to construct building in accordance with regulations
5)the owner has to submit buildng completion certifcate through his architect who has supervised construction
6)only on being satisfied that building is completed as per plans will completion certifcate be issued
7)the owner has to submit a development completion certifcate . only on Coomr being satisfied that there is no deviation from sanctioned plans issue OC within 21 days from date of receipt of completion cetrticate .
8)in case unauthorised development has taken place commissioner can take suitbale acton including demolition of unauthrosed construction under section 53 of MRTP act
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