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Mumbai Architect Faces Action For Misleading BMC To Get OC



Mumbai Architect Faces Action For Misleading BMC To Get OC

In a recent development, a senior architect is seeing an action recommended against him by the Maharashtra Real Estate Appellate Tribunal, under the RERA Act, for misleading the BMC to get an occupation certificate (OC) for an ‘incomplete’ building at Borivali.

According to the accusations, architect Manoj Dubal, a former president of Practising Engineers Architects & Town Planners Association (PEATA), allegedly submitted a certificate to the BMC. In which he stated that the building work of Gundecha Trillium near Thakur Village has been completed as per the BMC-approved plan in November 2017. The BMC issued an OC, based on his certificate.

Later his claims were found false by the tribunal and recommended action to be taken to finish the incomplete work. Whereas according to Dubal, he was not given an opportunity to explain his stance before the order was passed.

The matter heated, when the Architect association members came in defence of Dubal, stating that four BMC officials had inspected the building after Dubal’s submission of his certificate. And based on which the BMC officials had given their approval to it along with the chief fire officer after which the BMC issued OC.

In his statement, senior architect Shirish Sukhatme of PEATA informed that all approvals were given by the BMC officials as well as BMC-approved consultant. Despite this, the order against the architect was passed by the Appellate Tribunal without providing him an opportunity to explain his case.

In December 2016, the developer had promised to give possession to flat owners. Some of the flat owners approached RERA, as he failed to give the possession, seeking compensation for the delay. The ruling came in the favour of the owners by the RERA, in order to challenge which, the developer Sea Princes Realty, appeared before the Appellate Authority constituted under RERA.

But here too the order was passed into the favour of the flat buyers by the Appellate Authority. According to the order, Dubal was responsible to issue the certificate, though the   project was incomplete. The order further stated that there were incomplete work pertaining to water supply, staircase, lobby, recreational activities and club house. Despite all these, the promoter wanted the flat owners to occupy the premises and release the balance liabilities.

Finally the order asked for an independently initiate action under the RERA provisions, from the secretary of MahaRERA, against Dubal for issuing a factually incorrect certificate to the BMC.

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