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
January 8,2020

Bengaluru, Jan 8: The second instalment of flood relief funds from the Centre, announced on Monday, has left BS Yediyurappa less than cheerful, with the chief minister insisting that it is barely adequate. The CM on Tuesday said he will urge the Union government to release more.

On Monday, the Centre announced it will release Rs 669.8 crore in addition to the Rs 1,200 crore it had released earlier towards flood relief and rehabilitation. The total sum is a small fraction of the loss, which the government pegged at a staggering Rs 38,000 crore.

“The Centre has released assistance in two instalments so far, but it is inadequate given the magnitude of the damage. I will request for more funds and I am confident the Centre will oblige,” Yediyurappa told reporters.

When Prime Minister Narendra Modi had visited the state last week, Yediyurappa had urged him — even openly at a function — to release funds. This followed several pleas over the past four months, which barely drew a response from the Centre. Now, the CM himself suggests it’s barely a drop in the ocean.

The opposition has been criticizing both Yediyurappa and the Centre for their handling of the situation and on Tuesday, leader of the opposition Siddaramaiah of the Congress criticised the CM for “misguiding people” on the sum released by the Centre.

Siddaramaiah tweeted, “Reports from State govt officials say only Rs 669 cr of addl funds are released in 2nd instalment as opposed to the claim of Rs 1,870 cr by Karnataka BJP leaders. At a time when manufacturing industries are closing, BJP’s fake news factory is running at full potential ".

In another tweet, he said, “Moved by the plea of chief minister, Yediyurappa, Prime Minister Narendra Modi released an additional Rs 669.8 crore, taking the total amount to Rs 1,869.8 crore. BJP leaders, who are devotees of the god of lies, attempts to depict the total relief amount as 1200+1869.85 = Rs 3,069 cr is ridiculous.”

A high-level committee chaired by Union home minister Amit Shah had sanctioned the National Disaster Response Fund (NDRF) funds on Monday. While the Press Information Bureau claimed Rs 1,869 crore was approved on Monday, state government officials clarified that the figure included the Rs 1,200 crore released in October.

Meanwhile, sources say the two instalments is all the assistance the state can expect from the Centre towards flood relief. Sources say the Rs 1,870 crore is roughly 60% of the funding — Rs 3,000 cr— which was supposed to be allocated for Karnataka, based on an inter-ministerial team’s assessment of losses in the state.

“Compared to other states for the same period, Karnataka has received the highest amount in flood relief. We cannot expect more,” said a revenue department official, who said the government will not approach the Centre for a special package.

However, revenue minister R Ashoka said the state will pitch for the entire Rs 3,000 crore. “The state government will pursue the matter with the Centre until it releases the entire Rs 3,000 crore. The state government will cover the remainder of the Rs 38,000 crore loss. We will not go back on our word,” Ashoka said. Incidentally, the state has spent about Rs 6,000 crore on relief and rehabilitation so far.

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News Network
July 12,2020

Tumakuru, Jul 12: A four-year-old boy was killed by a leopard at Rajendrapur hamlet at Hasige Hobli village near Huliyurdurga in Kunigal taluk.

Police said on Sunday that this was the third such attack by big cats in the district in a span of six months.

Forest officials said that the boy had gone with his mother to wash clothes at a tank and the animal attacked him while playing there on Saturday late evening. 

A passerby who witnessed the incident scared the animal, it escaped leaving the boy’s body behind.

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News Network
April 28,2020

Bengaluru, Apr 28: A local court in Karnataka on Tuesday granted bail to a CRPF commando who was arrested by state police officials for alleged assault on them during COVID-19 lockdown duty, a charge contested strongly by the paramilitary.

The jawan has been taken to the jungle warfare training school of the paramilitary force in Belagavi district, a senior official said.

Constable Sachin Savant of the 207th CoBRA battalion was granted regular bail by a court located in Chikodi taluka of the district, he said.

A team of CRPF and CoBRA officials were present in the court during the proceeding during which the state police did not oppose the bail, the official said.

The commando was arrested by police on April 23 from Examba village (Belagavi district) when he was washing his bike outside his house without wearing a mask, as required under the coronavirus prevention protocol.

An altercation and physical fight took place between the two sides, following which the trooper was taken to the local police station and arrested.

The Central Reserve Police Force (CRPF) had on Monday taken up the case with the Karnataka director general of police (DGP), calling the incident "unpleasant".

The CRPF letter said commando Savant was "manhandled, ill-treated, paraded to the police station barefooted, kept in chains and handcuffs" by police personnel and sought the intervention of state Director General of Police Praveen Sood.

The paramilitary had said that from the scrutiny of a viral video on social media of the incident "it is apparent that the conduct of the police personnel was not citizen-centric".

A police report had said the CoBRA commando "started the altercation" with the beat constable and another policeman accompanying him, and "assaulted" them.

As per the official Twitter handle of the Karnataka DGP's on Monday evening, "IGP (inspector-general of police) Belagavi has been asked to enquire into the incident involving the CRPF constable and action will be taken against guilty after receipt of the report".

The Commando Battalion for Resolute Action (CoBRA) unit of the CRPF specialises in guerrilla tactics and jungle warfare.

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