Buying Flats and Apartments: Public Caution

Port Blair, Mar 14: The Secretary PBMC today said in a caution notice that it has been observed that some Real Estate Developers have constructed Apartment complexes in gross violation of Building Bye-Laws ignoring stay orders and demolitions orders issued by the Port Blair Municipal council. Further some of the flats in the un-authorisedly constructed complexes have been stated to be already sold. Port Blair being in seismic zone-5 such un-authorized constructions may lead to serious public safety issues. The violations of Building- Bye Laws are not only ruining the City but have also become safety hazards for the life of construction workers and general public. The un-authorized constructions by Real Estate Developers are clear examples of playing with the life of people for the sheer greed of earning extra money.

“Recently a case of un-authorised constructions by a Real Estate Developer has come into notice where more than two dozen residential flats have been constructed in violation of Building Bye-Laws. The Developer continued with the un-authorised constructions despite stay order and demolition orders issued by the PBMC. Some of the residential flats have been stated to be sold prior to getting completion certificate from the PBMC and completing required formalities under Real Estate Regulation Act (RERA) etc.,” the official caution said.

The Hon’ble Supreme Court in the case Friends Colony Development Committee Vs. State of Orissa has observed that builders violate with impunity the sanctioned building plans and indulge in deviations much to the prejudice of the planned development of the city and at the peril of the occupants of the premises constructed or of the inhabitants of the city at large. Serious threat is posed to ecology and environment and, at the same time, the infrastructure consisting of water supply, sewerage and traffic movement facilities suffers unbearable burden and is often thrown out of gear. Unwary purchasers in search of roof over their heads and purchasing flats/apartments from builders find themselves having fallen prey and become victims to the designs of unscrupulous builders. The builder conveniently walks away having pocketed the money leaving behind the unfortunate occupants to face the music in the event of un-authorized constructions being detected or exposed and threatened with demolition.

“All concerned are hereby advised to ensure that the building plans are approved by the PBMC and a completion certificate is obtained by the Real Estate Developer. Flat purchasers may also protect their interests by confirming about applicability of provisions of Real Estate Regulation Act (RERA) and its compliance by the Developer. Here it is also clarified that mere providing water connection does not mean that the building has been constructed without any violation of Building Bye-Laws. The action against un-authorized constructions will continue despite sale of flats and the un-authorized constructions are liable to be demolished, by following due process of law,” the Sectary said in his release.

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