Do not ex­ploit us: A home owner’s plea to de­vel­op­ers in Noida

HT Estates - - HTESTATES -

Amit Chauhan, a home­owner af­fected by the Na­tional Green Tri­bunal or­der on Okhla Bird Sanc­tu­ary, says the gov­ern­ment and the au­thor­i­ties should en­sure that buy­ers are not ex­ploited. Oc­cu­pancy cer­tifi­cates (OC) for projects should only be is­sued to those de­vel­op­ers who have com­pleted con­struc­tion of the projects. The “NGT is­sue should also not be used as an ex­cuse not to pay penalty to buy­ers,” he says. Some de­vel­op­ers ap­plied for oc­cu­pa­tion cer­tifi­cates in Novem­ber 2014 even though they had not com­pleted con­struc­tion. “They did not give us pos­ses­sion, telling us that the cer­tifi­cate was not given due to the NGT is­sue. When we filed an RTI to ver­ify the builder’s claim we were told that he and oth­ers had not been is­sued the cer­tifi- cates as they had not com­plied with lo­cal re­quire­ments such as no fire clearance, no wa­ter con­nec­tion, no elec­tric­ity, no sewage fa­cil­i­ties and no plan­ta­tion as per ap­proved lay­out plans. Nowhere was the NGT is­sue cited as a rea­son,” he says.

The dan­ger here is that even though the NGT is­sue has been cleared, builders are not likely to be under much pres­sure to de­liver projects on time be­cause they are under no com­pul­sion to pay penalty to buy­ers. Some of them might claim that as they had sent out let­ters stat­ing that the OC had not been handed over due to short­age of labour, ground wa­ter and sand, the force ma­jeure clause (de­lay due to rea­sons be­yond one’s con­trol) had kicked in and they were not li­able to pay penalty, adds Chauhan


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