MUMBAI: The Bombay High Court has granted significant relief to flat owners in Kandivali West who have been unable to secure Fire Clearance Certificates (NOC) and Occupation Certificates (OC) for over a decade. In a decisive ruling, the court asserted that should the builder fail to obtain the Fire NOC within the specified timeframe, they will incur a penalty of Rs 50,000 for each day of delay. This penalty will be submitted to the Brihanmumbai Municipal Corporation (BMC) until the NOC is granted.
Additionally, as the flat owners have not yet formed a society, the court mandated that once established, these funds must be transferred to the society’s account within 30 days. The builder is obligated to finalize the Fire NOC process by December 31, 2025.
Case Background
The case revolves around flat owners in the C Wing building in Kandivali West. Despite purchasing their flats in 2015, they have been unable to move in due to the absence of a valid OC and Fire NOC. Many residents have already relocated in frustration, as the building lacks crucial fire safety measures. The Bombay HC has taken a firm stance against the builder, highlighting the dangers associated with the unapproved construction.
Strict Measures
Beyond imposing penalties for delays in obtaining the Fire NOC, the court also reprimanded the builder for constructing floors 15 and 16 without necessary approvals. These floors remain under the builder’s ownership, and the court has ordered the payment of regularization and premium fees by the specified deadline. Should the builder fail to make the payment, the BMC may auction these floors to recover owed amounts. However, if the builder secures the OC by December 31, 2025, the auction will be canceled.
Flat Buyers’ Dilemma
The petitioners, who purchased flats nearly a decade ago, have been unable to take possession due to the absence of an OC. They filed a petition for justice, asserting that their rights as buyers had been overlooked by the builder. The delay in obtaining the Fire NOC and lack of essential fire safety certification have extended their inability to settle in. Some flat owners have unofficially moved in, while others are left awaiting legal resolution.
Court’s Firm Stance
The court’s stringent measures are a direct response to the builder’s ongoing negligence over the past decade. The absence of an OC and critical fire safety measures has left residents vulnerable and their homes unfit for habitation. The builder’s actions have effectively infringed upon the rights of the flat buyers, jeopardizing their safety. With patience running thin, the court’s intervention aims to ensure accountability for the builder and secure rightful entitlements for the flat owners.
