JAMES GEORGE 25 December 2022

Oc issued by gram panchayat

I have a property at Palaspe Gram Panchayat area, in Panvel, Maharashtra. The project completed in 2016 and builder given completion certificate and OC ( bhogvatta pramanpatre - in marathi) stampled and signed jointly by the Gramsevak & Sarpanch of Grampanchayat of Palaspe. This project plan was sanctioned by the Collector of Raighad district under whose jurisdiction Palaspe Grampanchayat situates. Since the project is sanctioned before RERA and NAINA comes effective. The builder says Gram panchayat has the authority to issue OC where there is no Municipal Corpn. Flat owners names are registered in the property record for collection of property tax and paying individually to gram panchayat. My question is whether the Gram Panchayat is authorised to issue Occupancy Certificate (OC) and it is legally valid.

Sir, awaiting your valuable advise.

Thanks and Regards

James George, Siddhivinayak Eden

email crystaloverseasinc@gmail.com

Survey Nos. 121/6 & 121/9, Palaspe village

off Goa highway, Palaspe, Panvel 410 221

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 26 December 2022

In Maharashtra, occupancy certificate is issued by the Department of Urban Development only if the constructed building is in the appropriate condition for occupancy.

sahithi reddy 28 December 2022

Gram panchayats do not have the authority to grant OC. When it is within municipal bounds, it is given by competent authorities. It is preferable to have documents reviewed by local advocates because procedures differ from state to state. You can proceed with the purchase if a completion certificate is issued, the property is ready for registration, and the gram panchayat takes tax.

P. Venu (Advocate) 28 December 2022

Any suggestion depends upon the law as prevalent in Maharashtra. You may visit the Panchayat and ascertain the factual position. This aspect could be ascertained through Right to Information as well.

In Kerala , OC is to be issued by the local body i.e. the Panchayat, the Municility or the Municipal Corporation.

According to RERA, it is mandatory for all the builders to update the status of the project regularly on the RERA portal. If your property is registered under RERA, you can check the occupancy certificate online on the web portal of the respective State’s RERA.