Mangaluru: The Supreme Court recently instructed the Mangaluru City Corporation (MCC) to comply with its July 19 order to issue an occupancy certificate to the residential building “Solitaire” located in Hat Hill in the city. Subsequently, the Corporation’s counsel produced the certificate before the court on November 29 and handed it over to the builder.
It can be recalled that, even though the apex court had upheld Land Trades Builders & Developers’ building license in its order dated July 19 directing the MCC ‘to consider the issuance of completion certificate in accordance with law expeditiously’, the City Corporation had failed to process the application submitted by the builders.
Even though the SC had issued the order four months ago, the MCC had failed to issue the occupancy certificate even after the builder fulfilled all the requirements. Even the Fire Department had complied with the Court’s order and given its clearance.
Many of the people who had purchased flats in the building were forced to continue living in rented houses while paying regular instalments on home loans due to the delay. Some flat owners found it difficult to redeem tax relief on Capital Gains Tax. The RERA’s deadline to file a completion certificate for the project was close to lapsing in the first week of December, forcing the builder to approach the Supreme Court for relief.
“I am grateful to the Supreme Court for ensuring justice to me and my customers,” said K Shrinath Hebbar, proprietor of Land Trades Builders & Developers. “It is regrettable that the citizens have to repeatedly approach the highest court in the land to get justice even after a favourable order is passed. Legal remedies like PIL are meant to protect the citizen’s rights. The Court has made a clear distinction between public interest and private interest and showed that it will not allow anyone to misrepresent PIL for making an unlawful gain. This experience has strengthened my faith in the justice delivery system,” he said.