A homeowner in a high-profile Bilekahalli apartment is battling builder NSR Projects after his khata application was rejected by the BBMP. The reason: the apartment complex, NSR Greens on Kodichikkanahalli Main Road, lacks an Occupancy Certificate (OC).
When he applied for the OC, the BBMP zonal office rejected it, saying the builder had violated the sanctioned plan and there was a clear deviation in the construction. The letter issued to the owner, Subrata Sen, by Assistant Director (Urban Planning), BBMP, Bommanahalli Zone, states, "The building is not as per the sanction plan and in violation of BBMP bylaws and zonal rules. The deviation is also more than 5 per cent, hence, Occupancy Certificate cannot be given."
Sen is worried that his 2BHK house for which he paid Rs 40 lakh in June 2017 could be considered illegal and demolished some day. "There are 37 flats in our apartment block, which lies just behind IIM Bangalore. As far as I know, 26 flats have been sold and the rest rented out. There is neither an Occupancy Certificate (OC) nor a fire clearance certificate. I approached Karnataka Real Estate Regulatory Authority (RERA) seeking justice in the past. I want my full payment returned by the builder with interest amount for the past eight years so that I can use it to buy some other house," he stated.
The homeowner said that he had taken a loan from State Bank of India and the bank authorities were asking him to submit the OC.
"Without the OC, I am also unable to transfer the house's electricity connection to my name," he added.
The builder, NSR Projects, told TNIE, "We were initially forced to change the plan to have car parking in the basement due to flooding in basements across many areas of Bengaluru during heavy rains. As a result, we decided to use the ground floor for parking and left the basement out." The builder also alleged that many other apartment complexes had engaged in similar violations.
The builder claimed that the project did not fall under the purview of K-RERA, as it was approved before the Authority's formation. "The only solution now is to wait for the Akrama-Sakrama scheme (regularisation of unauthorised buildings) to be implemented," the builder added.
In response to the builder's statement about the plan changes, Sen argued, "If that was the case, the modified plan should have been submitted to BBMP for approval."
Sen further emphasized, "The RERA Act is retroactive. Any building that has not received an Occupancy Certificate (OC) or Completion Certificate falls under the RERA Act 2016."