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 initiative targets cases where factors beyond the occupants’ control—such as land transfer issues or administrative delays—have prevented obtaining the OC. According to the government, this policy will benefit around 25,000 buildings in Mumbai currently without an OC.
In this backdrop, The Free Press Journal spoke with senior advocate Vinod Sampat, President of the Cooperative Societies Residents Association, to get his perspective on the policy and the broader issue of buildings without occupation certificates.
**Q: There are lakhs of people in Mumbai staying in buildings without OC. Why do residents, in the first place, take possession of such flats?**
**A:** It is the builder who compels flat purchasers to take possession prematurely for purposes like furnishing and interior work. Most of the time, residents are unaware that the building lacks official regularisation. They operate under the impression that the process is underway and start residing without an OC.
**Q: Does this mean the builders fool the residents?**
**A:** Yes, the builders take undue advantage of the situation, and the residents suffer the consequences. For example, the BMC charges higher fees for providing water connections on humanitarian grounds. Additionally, many developers violate certain construction norms, some of which cannot be regularised. The builders then make the 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’s approach essentially allows builders to go scot-free. Instead of penalising them, there seems to be no action like sending them to jail for not obtaining the OC. This announcement feels more like an election gimmick ahead of the BMC elections. It creates a win-win situation for all parties—the residents, builders, and the government. There is clearly a nexus between politicians and builders, who fund their parties.
**Q: Approximately how many buildings in Mumbai lack an OC?**
**A:** To my knowledge, since 1947, not more than 25% of the buildings have obtained an OC. Including those built by the BMC, SRA, MHADA, and other agencies, the number of buildings without an OC must exceed one lakh in the city.
**Q: What is the legal way to address this issue?**
**A:** Currently, there is no effective law to protect flat purchasers properly. Builders should not be allowed to sell more than 10% of the flats until they hand over the conveyance and the OC. Moreover, any builder who has not obtained an OC should be barred from carrying out further construction. Enforcing these two rules alone could solve 90% of the problems.
Unfortunately, the government remains at the mercy of the builders. There is nothing stopping the authorities from filing an FIR against erring builders, but action is often lacking.
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This dialogue sheds light on the complex challenges faced by residents in Mumbai living in buildings without an occupation certificate, as well as the roles played by builders and government authorities. The recently announced policy may bring some relief to residents, but concerns remain over accountability and the need for stricter enforcement to prevent such issues in the future.
https://www.freepressjournal.in/mumbai/fpj-interview-new-oc-policy-more-of-an-election-gimmick-says-housing-expert-on-mumbais-oc-crisis
