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Didn’t see any news regarding the court order!!!
5.7 Byelaw according to the said byelaw occupancy certificate is a must for new buildings and no person can occupy a building without occupancy certificate.
In a recent decision of Honorable High Court of Karnataka W.P.No.11522/2012 connected with W.P.No.739/2013 [Para 21 d, 22 a,b,c,d] :-
1. Tenants were inducted into the building by the builder without occupancy certificate. Such tenants were held has illegal occupants. Corporation was directed to recover all amounts paid by such tenants to the builder. Further it was observed that builder gets illegal income out of violation of law. It was also observed builder cannot be allowed to receive such an illegal income.
2. Partial occupancy certificate (POC) issued by BBMP was held illegal since it contained conditions regarding violations. Hence to prevent the builder from making profit out of illegal income the builder was asked to deposit amounts received as rents with the Commissioner BBMP. Further BBMP Commissioner was at liberty to adjust amounts received as payment of penalty.
Hence the Honorable High Court of Karnataka has taken a serious view regarding occupation of new building without occupancy certificate and if this precedent is followed, without “occupancy certificate” the builders and landlords will not be entitled to rents. Hence occupy new buildings or induct tenants only after issuance of occupancy certificate without conditions regarding violation.
Court Order is not required for the Occupancy Certificate.