MUMBAI: The Bombay High Court has provided much-needed relief to apartment owners in Kandivali West who have been unable to obtain Fire Clearance Certificates (NOC) and Occupation Certificates (OC) for over a decade. In a stern ruling, the court stated that if the builder fails to secure the Fire NOC within the stipulated time, he will have to pay a penalty of Rs 50,000 for each day of delay. The fine will be deposited with the Brihanmumbai Municipal Corporation (BMC) until the NOC is issued.
Furthermore, since the flat owners have not yet formed an association, the court directed that the money must be transferred to the association’s account within 30 days once it is formed. The builder must complete the process of obtaining the Fire NOC before December 31, 2025.
Background to the case
The case revolves around the flat owners in the C-wing building, which was constructed in Kandivali West. Despite purchasing their apartments in 2015, the owners were unable to move in due to the lack of a proper OC and Fire Department NOC. Many residents have already moved out in frustration, despite the lack of essential fire safety equipment in the building. The Bombay HC took a strong stand against the builder, highlighting the risks posed by the unapproved construction, including lack of fire safety measures.
Tough measures
Besides the penalty for delay in obtaining the Fire NOC, the court also took action against the builder for constructing floors 15 and 16 without prior permission. These floors remain the property of the builder. The court ordered that the builder must pay the regularization and premium costs for these floors no later than the specified date. If the builder fails to make the payment within the stipulated time, the BMC can auction these floors to recover the amount. However, if the builder secures the OC on or before December 31, 2025, the auction order will be quashed.
Apartment buyers in limbo
The petitioners, who had purchased apartments in the building almost a decade ago, could not take possession of the property due to the absence of an OC. They filed a petition seeking justice, stating that their rights as buyers had been ignored by the builder. The delay in obtaining the Fire NOC and the lack of a fire safety certificate have further delayed their ability to settle down. Despite these challenges, some condo owners have unofficially moved in, and others remain in limbo, waiting for legal solutions.
At the time of the hearing, the builder had applied to the BMC for a 20-day extension to secure the Fire NOC. But the BMC’s lawyer informed the bench that a notice had already been issued, demanding that the NOC be obtained before October 18, 2025. However, the bank was firm in its position, claiming that deadlines must be met and that further delays would no longer be tolerated.
The strict position of the Court
The court’s strict stance stems from the builder’s repeated negligence over a period of ten years. The lack of an OC and essential fire safety measures made the building’s residents vulnerable, making their homes unfit for occupancy. The builder had effectively usurped the rights of the flat buyers and endangered their safety. With patience running out, the court’s intervention was aimed at ensuring that the builder faces the consequences of his actions and that the flat owners finally get what they are legally entitled to.
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