After SC intervenes, MCC issues Occupancy Certificate for Solitaire within a day

Mahesh Nayak
December 11, 2019

Mangaluru, Dec 11: In a heartening corollary to the legal maxim ‘Justice delayed is justice denied’, the Supreme Court has effectively intervened to ensure justice to the citizens by instructing Mangaluru City Corporation to stop delay and comply with its earlier order to issue Occupancy Certificate to the residential building Solitaire situated at Hat Hill in the city.

Flat owners in the building were being put to great hardship due to failure of the City Corporation to process the application for Occupancy Certificate for the building submitted by its promoter Land Trades Builders & Developers, though the apex court in its Order dated 19.07.2019 had upheld its Building License and directed Mangaluru City Corporation ‘to consider the issuance of completion certificate in accordance with law, expeditiously’.

Despite the clear court directive, the City Corporation had taken no initiative during the past four months to issue the Occupancy Certificate though the builder had fulfilled all the requirements. The Fire Department too had promptly complied with the court order and given its clearance. Hence there was no valid reason for the City Corporation to withhold giving the Occupancy Certificate.

Customers who had purchased flats in the building were experiencing unnecessary hardship due to City Corporation’s delay as many were forced to continue to stay in rented house while paying installment on Home Loan. Some flat owners were having difficulty in redeeming tax relief on Capital Gains Tax. The deadline given by RERA to file Completion Certificate for the project too would have expired in the first week of December. Due to this reason, and also to protect the interests of the flat owners, the builder was forced to approach the Supreme Court for relief.

On 25-11-2019 while considering the builder’s plea, the court enquired with the Counsel for City Corporation about why the Occupancy Certificate had not been given and whether it would be given or not. The Counsel responded that it would immediately comply with the Court Order. Subsequently, he produced the certificate before the court on 29-11-2019 and handed it over to the builder.

“I am grateful to Hon’ble Supreme Court for ensuring justice to me and my customers,” said K. Shrinath Hebbar, proprietor of Land Trades Builders & Developers. “It is regrettable that citizens have to repeatedly approach the highest court in the land to get justice even after favourable order is passed. Legal remedies like PIL are meant to protect citizen’s rights. The court has made a clear distinction between public interest and private interest and showed that it will not allow anyone to misrepresent PIL for making unlawful gain. This experience has strengthened my faith in the justice delivery system,” he said.

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News Network
April 5,2020

Madikeri, Apr 5: Following the novel Coronavirus and imposition of Lockdown in the country and departure of the migrant labour force to their hometowns, the harvest of Pepper and post-harvest process of Coffee have taken a hit in Kodagu region of Karnataka.

In the Coffee land, most of the workers at these estates are primarily from north Karnataka and neighbouring districts, including Periyapatna and Hunsur taluks in Mysuru District. Local workers are also sourced for the job as the harvest area is large.

The Kodagu district which already faced severe natural calamity during the last two years now added with the COVID-19 outbreak and the subsequent Lockdown, many workers have returned to their home districts, barring a few who have been working in the plantations for many years and reside in the estates themselves.

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News Network
April 26,2020

Bengaluru, Apr 26: Two businessmen brothers, Tajammul Pasha and Muzammil Pasha, in Karnataka's Kolar district have set out to help people in need amid the lockdown over the COVID-19 pandemic by selling their land for Rs 25 lakh.

On seeing daily wage labourers and their families in Kolar suffer during the lockdown, the brothers said they decided to sell their land and use the money to buy essentials and food grain for a large number of poor people.

The brothers also bought oil and cereals with the money. Then they set up a tent next to their house and started a community kitchen to make food for labourers and homeless people.

"Our parents died early. When we shifted to our maternal grandmother's place at  Kolar, people from communities, Hindus, Sikhs, Muslims helped us survive without any religious bias," said Tajammul Pasha, visibly emotional.

The Pasha brothers are into banana cultivation and real estate. Tajammul was five and his sibling Muzammil was three when they lost their parents. They had to move from Chickbalapor to Kollar, where their grandmother lived.

"We were brought up in poverty. We survived because of the support of people of all communities and religions. We have signed the society agreement bond and handed it over to our friend who purchased our site and gave the money," the brothers said.

Once the lockdown ends and the land registrar's office opens, the remaining steps to transfer the land will be completed, they said.

So far the two brothers have supplied food grain, oil, sugar and other essentials to over 3,000 families. They have also given hand sanitizers and masks to the poor.

The Kolar administration has issued passes to their volunteers so that they can help in this difficult time.

The number of coronavirus cases in India has increased to 24,506, including 775 deaths, the Home Ministry said today, adding that 1,429 cases and 57 deaths were reported in the last 24 hours.

Amid a countrywide lockdown to check the spread of the highly contagious illness, which began on March 25, the government last night issued an order to allow neighbourhood shops to remain open with conditions; malls across India continue to remain shut.

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News Network
May 26,2020

Bengaluru, May 26: After Yogi Adityanath said that no state can take manpower from Uttar Pradesh without his government's permission, Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar on Tuesday termed the Uttar Pradesh Chief Minister's move as "unconstitutional" and "against the right to freedom of movement."

"Uttar Pradesh Chief Minister Yogi Adityanath's move to restrict hiring people of Uttar Pradesh is unconstitutional and goes against the right to freedom of movement. Mr Yogi, please note that UP is not the private property of your govt. The people of Uttar Pradesh don't need your government's permission to work anywhere in India," Shivakumar tweeted.

"Mr Yogi doesn't understand the basic rules of governance in a democracy. Such actions lack common sense and will only make the people of Uttar Pradesh suffer more. When it's convenient for BJP, it's One Nation, when it's not, it's different states and different people. Heights of hypocrisy," he added.

Adityanath had on Monday said that the state government will provide social security and insurance to labourers and no state can take manpower from Uttar Pradesh without his government's permission.

"If any state wants manpower, they cannot take our people from the state without our permission as there were reports of misbehaviour with them in other states. We are taking full responsibility for labourers' social security. We will provide every kind of security to them including insurance. Wherever they will go, we will always stand by them," Yogi said.

The Chief Minister said that skill mapping is being done in Uttar Pradesh and a commission will be set up for labourers to ensure employment for them.

On Sunday, Adityanath had ordered the formation of a 'Migration Commission' for the purpose of providing the workers, who have returned to the state during the lockdown phase, with employment suited to their skills.

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