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
June 27,2020

Bengaluru, Jun 27: A Karnataka government employee on SSLC exam duty at a school in Pavagada, Tumakuru district, on Friday tested positive for Covid-19, prompting the education department to send all staff members of the exam centre on quarantine.

“No student has been affected. All the staff has been replaced,” said R Umashankar, principal secretary, education department.

How soon we get a coronavirus vaccine depends on not only the pace of work in research labs, but also the preparedness of factories supplying glass vials, stoppers and syringes

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News Network
February 18,2020

Bengaluru, Feb 18: Deputy chief minister Laxman Savadi was elected to the legislative council on Monday and although it was a done deal that he would win, a vote from across the aisle spiced up the election.

Counting was conducted soon after ballots were cast and Savadi polled 113 of the 120 votes cast, including the vote of disgruntled JD(S) legislator GT Devegowda. Seven votes were declared invalid. Members of the two opposition parties — Congress and JD(S) — abstained from voting.

The election was necessitated following the resignation of Rizwan Arshad of the Congress. Rizwan resigned after he was elected to the legislative assembly from the Shivajinagar constituency in the assembly bypolls held for 15 seats in December last year.

BR Anil Kumar, who was initially promised the support of both Congress and JD(S) was supposed to contest as an independent candidate. However, as both parties refused to support him at the last minute, he withdrew, paving the way for Savadi’s victory.

The BJP has 117 members in the 225-member assembly, but N Mahesh of the BSP and two independents, H Nagesh and Sharath Bachchegowda, besides GT Devegowda also voted, taking the total electorate to 120 (including the speaker). BJP’s SA Ramadas did not turn up because of health reasons.

“I would like to thank all those who were responsible for my victory. Special thanks to leaders of my party and chief minister BS Yediyurappa, who gave me the opportunity to be the BJP candidate,” said Savadi.

Winning this council election was crucial for Savadi to retain his ministry as he was not an elected member of either of the houses. Rules mandate that a non-member must get elected either to the assembly or council within six months after taking over as minister. February 20 was the deadline for Savadi, who had lost 2018 assembly polls from Athani, to get elected.

Officials in the assembly secretariat said seven votes were invalid because voters had wrongly marked their choices on ballot paper. According to norms, a voter has to mark numerical one, two and three against the names of the candidates in order of preference. Marking only numerical one is allowed. However, six ballots had a tick mark, while a voter had registered a cross mark. Since it was a secret ballot, it was not known who the MLAs were whose votes were invalid.

“The ballot papers bear serial numbers and they are randomly distributed. It is virtually impossible to say who a voter cast his or her vote for,” said assembly secretary MK Vishalakashi, the retuning officer for the bypoll.

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coastaldigest.com news network
July 28,2020

Mangaluru, July 28: A screenshot of a death threat message against IAS officer Sindhu B Rupesh, the deputy commissioner of Dakshina Kannada, is now going viral on social media.

The threat comes in the wake of the Deputy Commissioner’s warning against attack on cattle traders by anti-social elements ahead of Eid al-Adha. 

It is learnt that a discussion was held about DC’s warning in a pro-Hindutva WhatsApp group. The death threat was issued in the same group in Tulu language. 

A police officer said that if the deputy commissioner doesn’t lodge a complaint, the police will file a suo motu case in this regard.

Also Read: Sindhu B Rupesh transferred; Dr Rajendra K V is new DC of Dakshina Kannada

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