by Suman Gupta
Mumbai, June 29, 2023: The Hon’ble Bombay High Court has directed the Vasai Virar City Municipal Corporation (VVCMC) to grant the Occupancy Certificate (OC) to Ekta Parksville Homes, an integrated township project of Ekta World. This order dated June 28, 2023 directs the VVCMC to grant OC in respect of 15 Buildings and a club-house forming part of Sector II and Sector III, standing on the land situated at Village Dongare, Vasai, Palghar within a period of four weeks.
The Honb’le Bombay High Court in its order has said that, “We direct the Corporation to decide the application dated 26th December, 2022 of the Petitioners in accordance with law, as early as possible, preferably within a period of four weeks from the date of receipt of writ of the Court, for which purpose all cooperation shall be rendered by the Petitioners.”
Commenting on this development, Mr. Ashok Mohanani – Chairman, Ekta World said, “We are delighted to have received a favourable ruling from the Hon’bleBombay High Court. We look forward to begin the handover process to our customers who will soon be able to take possession of their dream home.”
This integrated township project comprises of 43 buildings on sector II and sector III out of which 21 buildings have already been completed and OC has been received.
However, 15 buildings which have been completed two years ago in accordance with all sanctioned approvals / plans granted by VVCMC and other competent authorities, have yet to receive the OC. The developer had applied for the OC way back in December 2022, but the VVCMC withheld giving the OC on totally untenable grounds that the environment clearance has not been obtained. In addition, Ekta World is also constructing 4 buildings which have reached up to the plinth level and VVCMC hasn’t granted further CC.
All necessary environment clearances were obtained for this project and that is how construction was undertaken. Maharashtra Pollution Control Board had also given consent to operate which is valid till date and subsisting. As on date, the project stands fully completed and an Occupancy Certificate is awaited. Due to these inordinate delays, Ekta World has incurred substantial costs for developing this project and have created substantial third-party rights in the said Constructed Buildings by selling in aggregate 1011 units i.e. 932 Flats and 79 shops/commercial units to various flat/shop purchasers. But due to non-issuance of Occupancy Certificate, they have no option but to approach the Hon’ble High Court by filing the Writ.
Ekta has fulfilled all compliances required for the obtainment of Occupation Certificate and there is a valid Consent to Operate in force presently. With all requisite Environmental Clearances available, the VVCMC should grant Occupation Certificate without insisting upon the revalidation of Environment Clearance within 4 weeks.
