The Karnataka High Court has sought an explanation from Joint Commissioner of Mahadevapura zone of the Bruhat Bangalore Mahanagara Palike (BBMP) for not issuing occupancy certificate (OC) to a building citing a vague reason.
Justice Vineet Kothari passed the interim order on a petition filed by Vaswani Estates Developers Pvt. Ltd.
The Joint Commissioner has stated that “since other developers and residential complex owners in nearby area have deliberately shrunk the width of the existing road, the OC cannot be issued to the petitioner”.
The court said that the Joint Commissioner has to file his own affidavit in the court explaining the details, cogent reasons and facts for not issuing the OC to the petitioner though the construction, as contended by the learned counsel for the petitioner, appears to have been completed by the petitioner in accordance with the sanctioned plan.
“The vague and untenable reason is not only surprising, but even if the BBMP itself has failed to prevent the encroachments on the road width of 40 feet, as given in the sanctioned plan, then also, prima facie, the petitioner cannot be denied the Occupancy Certificate on the said ground,” the court said while adjourning further hearing till October 25.
