After SC intervenes, MCC issues occupancy certificate for ‘Solitaire’ within a day


Media Release

Mangaluru, Dec 11: In a heartening corollary to the legal maxim ‘Justice delayed is justice denied’, the Supreme Court has effectively intervened to ensure justice to the citizens by instructing Mangaluru City Corporation to stop delay and comply with its earlier order to issue Occupancy Certificate to the residential building Solitaire situated at Hat Hill in the city.

Flat owners in the building were being put to great hardship due to failure of Mangaluru City Corporation (MCC) to process the application for Occupancy Certificate for the building submitted by its promoter Land Trades Builders & Developers, though the apex court in its Order dated 19.07.2019 had upheld its Building License and directed Mangaluru City Corporation ‘to consider the issuance of completion certificate in accordance with law, expeditiously’.

Despite the clear court directive, the City Corporation had taken no initiative during the past four months to issue the Occupancy Certificate though the builder had fulfilled all the requirements. The Fire Department too had promptly complied with the court order and given its clearance. Hence there was no valid reason for the City Corporation to withhold giving the Occupancy Certificate.

Customers who had purchased flats in the building were experiencing unnecessary hardship due to City Corporation’s delay as many were forced to continue to stay in rented house while paying instalment on Home Loan. Some flat owners were having difficulty in redeeming tax relief on Capital Gains Tax. The deadline given by RERA to file Completion Certificate for the project too would have expired in the first week of December. Due to this reason, and also to protect the interests of the flat owners, the builder was forced to approach the Supreme Court for relief.

On November 25, 2019, while considering the builder’s plea, the court enquired with the Counsel for City Corporation about why the Occupancy Certificate had not been given and whether it would be given or not. The Counsel responded that it would immediately comply with the Court Order. Subsequently, he produced the certificate before the court on November 29, 2019, and handed it over to the builder.

“I am grateful to honourable Supreme Court for ensuring justice to me and my customers,” said K Shrinath Hebbar, proprietor of Land Trades Builders & Developers. “It is regrettable that citizens have to repeatedly approach the highest court in the land to get justice even after favourable order is passed. Legal remedies like PIL are meant to protect citizen’s rights. The court has made a clear distinction between public interest and private interest and showed that it will not allow anyone to misrepresent PIL for making unlawful gain. This experience has strengthened my faith in the justice delivery system,” he said.

  

Top Stories

Comment on this article

  • Flavian, Mangaluru/Kuwait

    Thu, Dec 12 2019

    What a magnificent residential complex !
    My house is situated just below this building on Hat Hill itself on higher elevation and having a flat
    in this building is fabulous. Mangalore has developed to a great extent.

    DisAgree Agree [5] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Dec 12 2019

    Someone wanted to Gobble ...

    DisAgree Agree [4] Reply Report Abuse

  • SK, Udupi/Qatar

    Thu, Dec 12 2019

    This building pride for Mangalore, some one want to eat money or some other builders jealous on this building structures.

    DisAgree [2] Agree [4] Reply Report Abuse

  • Ruben Pinto, Mangalore/Australia

    Thu, Dec 12 2019

    They should change the rules.
    At the execution stage, all licences should be given as per the rules and then the corporation has no more rights over the licencing.

    DisAgree Agree [6] Reply Report Abuse

  • Mohit, Mangalore

    Thu, Dec 12 2019

    MCC officials who refused to issue OC should be sent to jail for the rest of their life for causing emotional athyachar to the builder and residents.
    Jai Hind.

    DisAgree [3] Agree [4] Reply Report Abuse

  • LeslySaldanha, Shirva/Dubai

    Wed, Dec 11 2019

    Dear Srinath, Kudos to you and your team for the commitment and dedication to satisfy your client and investors . All the very best for future project. I know Solitaire is dream project of Land Trades.

    DisAgree [2] Agree [6] Reply Report Abuse

  • Peter, mangalore

    Wed, Dec 11 2019

    when people don't know the truth they shouldn't comment

    DisAgree [9] Agree [10] Reply Report Abuse

  • Charles D'Mello, Pangala

    Wed, Dec 11 2019

    This is clear cut issue of trying to take bribe from the builder. Those who are responsible this delay must be penalized.

    DisAgree [2] Agree [23] Reply Report Abuse

  • Sheikh M, Mangalore

    Wed, Dec 11 2019

    MCC officials thought that like other builders , this builder also give money under the table in order to release occupancy certificate

    DisAgree [3] Agree [26] Reply Report Abuse

  • Allen, Mangalore

    Wed, Dec 11 2019

    MCC is well known for this kind of blunders. Den of a bunch of corrupt and useless officials 😠

    DisAgree Agree [47] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Wed, Dec 11 2019

    May be MCC thought they are above the law and they could manipulate SC as a kiosk. I wish the officials were sentenced to 6 months imprisonment for delaying the issuance of certificate.

    DisAgree [2] Agree [32] Reply Report Abuse

  • Satya, Mangalore

    Wed, Dec 11 2019

    A tight slap on the face and a sound kick given my the Honourable Supreme court to MCC where the officials thought that this was their golden goose to extort as much in bribes as possible. I wish the court had also penalized the officials who delayed the certificate by imposing heavy fines to be paid from their personal funds to the builder.

    DisAgree [7] Agree [41] Reply Report Abuse


Leave a Comment

Title: After SC intervenes, MCC issues occupancy certificate for ‘Solitaire’ within a day



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.