Long wait ahead for home­buy­ers

De­spite the eco-sen­si­tive zone around Noida’s Okhla Bird Sanc­tu­ary get­ting no­ti­fied, home­buy­ers are still wait­ing to get pos­ses­sion as de­vel­op­ers of many projects have not ac­quired com­ple­tion cer­tifi­cates

HT Estates - - HTESTATES - Su­nil Tyagi

The no­ti­fi­ca­tion of min­istry of en­vi­ron­ment, for­est and cli­mate change (MoEFCC) on Au­gust 19, 2015, no­ti­fied that the eco-sen­si­tive zone around Okhla Bird Sanc­tu­ary was to be 100 me­tres from the eastern, western and south­ern bound­ary of the Okhla Bird Sanc­tu­ary and 1.27 kilo­me­tres from the north­ern bound­ary of the Sanc­tu­ary.

Ear­lier, the Na­tional Green Tri­bunal (NGT) had di­rected author­i­ties not to is­sue com­ple­tion cer­tifi­cates for con­struc­tion projects within a 10-kilo­me­tre ra­dius around the sanc­tu­ary even where con­struc­tion was com­plete, till the bound­ary of the eco-sen­si­tive zone was noti- fied by the gov­ern­ment. Due to this, apart­ments lo­cated within 10-kilo­me­tre ra­dius of the Okhla bird sanc­tu­ary have not yet been handed over to al­lot­tees due to non- is­suance of com­ple­tion cer­tifi­cates, de­spite con­struc­tion of these apart­ments be­ing com­plete. This no­ti­fi­ca­tion gave respite to many flat own­ers who had booked apart­ments in these residential com­plexes and were wait­ing to re­ceive pos­ses­sion.

As per the Ut­tar Pradesh Apar t ment ( Pro­mo­tion of Con­struc­tion, Own­er­ship and Main­te­nance) Act, 2010, in or­der to trans­fer an apart­ment, a com­ple­tion cer­tifi­cate has to be ob­tained by the builder/devel­oper and fur­ther pos­ses­sion can­not be handed over with­out ex­e­cut­ing an ap­pro­pri­ate trans­fer deed which has to be duly reg­is­tered.

In fur­ther­ance of this le­gal re­quire­ment, Noida Au­thor­ity in its re­cent state­ment had clar­i­fied that the builders/de­vel­op­ers had to com­ply with the pro­vi­sions of the Act and the rules framed there­un­der be­fore hand­ing over pos­ses­sion to the al­lot­tees.

Since the land in Noida had been al­lot­ted to builders/ de­vel­op­ers on per­pet­ual lease or longterm lease ba­sis, they needed to com­ply with the terms of their re­spec­tive lease deeds. As per the state­ments of the Noida Au­thor­ity, in or­der to re­ceive a com­ple­tion cer­tifi­cate, the builders/de­vel­op­ers had to clear all their dues per­tain­ing to their re­spec­tive land par­cel. Fur­ther, in case the builders had made any changes or de­vi­ated from the pro­ject’s lay­out plans, they would have to ob­tain a no-ob­jec­tion/ con­sent from the al­lot­tees. There­fore, to ap­ply for a com­ple­tion cer­tifi­cate, the builders should have cleared all dues per­tain­ing to their land parcels and ob­tained no ob­jec­tions from each of the al­lot­tees, if ap­pli­ca­ble.

Thus, com­ple­tion cer­tifi­cate would be is­sued by the ap­pro­pri­ate au­thor­ity only af­ter the builders/de­vel­op­ers, whose residential com­plexes are lo­cated out­side the eco sen­si­tive zone, have com­plied with the above stated con­di­tions.

Upon ob­tain­ing the req­ui­site com­ple­tion cer­tifi­cates, the builders/de­vel­op­ers can pro­ceed with ex­e­cut­ing trans­fer/con­veyance deeds and hand­ing over pos­ses­sion to the al­lot­tees.

Af­ter the MoEFCC no­ti­fi­ca­tion, the gen­eral public as­sumed that the pos­ses­sion of their apart­ments will be handed over.

How­ever, even if the residential com­plex is no longer within the purview of the ecosen­si­tive zone around Okhla Bird Sanc­tu­ary, due le­gal process is re­quired to be fol­lowed by the builders/de­vel­op­ers.

Prior to hand­ing over pos­ses­sion, a com­ple­tion cer­tifi­cate for the pro­ject is a le­gal ne­ces­sity and for that the re­quire­ments un­der the Act need to be com­plied with.


Builders should should fo­cus on clear­ing all their dues for get­ting com­ple­tion cer­tifi­cates

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