FPJ Interview: ‘New OC Policy More Of An Election Gimmick’ Says Housing Expert On Mumbai’s OC Crisis
The state government recently announced a policy for regularising buildings lacking an Occupation Certificate (OC) in Mumbai. This applies in cases where factors beyond the control of occupants—such as land transfer delays or administrative lags—have prevented obtaining the OC. According to the government, the policy will benefit around 25,000 buildings without an OC in Mumbai.
In this context, The Free Press Journal spoke with senior advocate Vinod Sampat, President of the Cooperative Societies Residents Association, who offered his perspective on the new OC policy.
**Q: There are lakhs of people in Mumbai staying in buildings without an OC. Why do residents take possession of such flats in the first place?**
**A:** It is usually the builder who persuades flat purchasers to take possession early for purposes like furnishing and interior work. Most of the time, residents are unaware that the building lacks formal regularisation. They believe the OC is under process and start residing without it.
**Q: Does this mean the builders deceive the residents?**
**A:** Yes, builders often take undue advantage of the situation, leaving residents to suffer the consequences. For example, the BMC charges higher fees for water connections granted on humanitarian grounds. Moreover, many developers have violated certain construction norms, which cannot always be regularised. Consequently, builders make flat purchasers scapegoats and often disappear with the money.
**Q: What is your view on the new OC policy announced by the government, which is said to benefit some 25,000 buildings in Mumbai?**
**A:** The government is essentially allowing builders to go scot-free. Instead of taking strict action against builders—like sending them to jail for not obtaining OC—this policy seems more like an election gimmick ahead of the BMC elections. It results in a win-win situation for residents, builders, and the government alike. There appears to be a collision of interest, with politicians and builders, who fund their parties, working hand in hand.
**Q: How many buildings in Mumbai currently lack an OC?**
**A:** To the best of my knowledge, since 1947, not more than 25% of buildings have obtained an OC. Including structures under BMC, SRA, MHADA, and other agencies, there are likely more than 1 lakh buildings in Mumbai without an OC.
**Q: What is the legal way to address this issue?**
**A:** There is no effective law protecting flat purchasers. Ideally, builders should not be allowed to sell more than 10% of flats before handing over the conveyance and OC. Additionally, any builder who fails to obtain an OC should be barred from carrying out future construction projects. If these two rules were strictly enforced, 90% of the problems would be resolved. However, the government remains at the mercy of builders. It begs the question: what stops the government from filing an FIR against errant builders?
https://www.freepressjournal.in/mumbai/fpj-interview-new-oc-policy-more-of-an-election-gimmick-says-housing-expert-on-mumbais-oc-crisis
