The Real Estate Appellate Tribunal, Bihar, has expressed surprise over the practice of local mukhiya at Danapur in Patna sanctioning the building map for a big apartment project on nearly 16 acres of land without having the competent authority under any provision of Bihar Municipality Act, 2007, or the Bihar Panchayati Raj Act, 2006.
The tribunal has asked urban development and housing department to get the matter probed by appropriate authority and to take action as per law.
Hearing a case involving the landowners and R R Builders and developers, the promoters of the project at Danapur, and sale of apartments without completion and occupancy certificates, the tribunal bench of chairman Arun Kumar and member Sunil Kumar Singh on Tuesday expressed surprise how the building plan could be sanctioned by local mukhiya (panchayat head) though the place where the project is situated falls under Nagar Parishad (City Council), Khagaul, at Danapur Patna.
тАЬIn the project, 11 towers, comprising total number of 1088 flats, have been constructed on the basis of building map plan sanctioned by incompetent authority. It is a matter of concern that the Real Estate Regulatory Authority (RERA) registered such projects not qualified for registration and jeopardized interest of a large number of allottees. Interestingly, on March 15, 2022, a building map plan earlier not sanctioned by a competent authority was also revalidated by executive officer of Nagar Parishad at Khagaul,тАЭ the bench said in its order.
тАЬIt is a matter of serious concern. Let a copy of this judgment be sent to principal secretary, urban development and housing department, Government of Bihar, for conducting an inquiry in the concerned matter by appropriate authority and to take appropriate steps in accordance with law,тАЭ it said.
The tribunal also took exception to the fact that the promoters were engaged in selling apartments without completing the project and without obtaining completion and occupancy certificates. тАЬIt is mandatory obligation of the promoter to obtain completion certificate or occupancy certificate or both as applicable from the competent authority and to make available such certificates to the allottees individually and also to the association of allottees thereafter to execute registered conveyance deed in favour of allottees along with undivided proportionate title of common areas to association of allottees,тАЭ it said.
