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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coastaldigest.com news network
July 1,2020

Bengaluru, Jul 1: Eighteen private hospitals here have been slapped with a show-cause notice after a 52-year old patient with influenza-like illness symptoms died here on being allegedly denied admission by them citing "non- availability" of beds. 

Health Minister B Sriramulu on Wednesdy said refusal to provide treatment was not only inhuman but also illegal as he tagged a copy of the notice in a tweet. 

"Notice has been served to the hospitals taking cognisance of the (media) reports about the denial of admission to a patient in emergency. Denying medical assistance during emergency is not only inhuman but also illegal," he tweeted. According to a report, the son and nephew of the patient took him to the 18 hospitals on Saturday and Sunday but he was not admitted on the pretext of non-availability of beds or ventilators. 

The man died later. The Commissioner of Health and Family Welfare issued the show-cause notice to the top authorities of the hospitals under the Karnataka Private Medical Establishment (KPME) Act, 2007. 

"By denying admission to the patient, your hospitals have violated the provisions of the KPME Act. You are liable for legal action," the notice said, seeking replies within 24 hours as to why action should not be against the hospitals. 

This was a "clear violation" of providing medical assistance and admission necessitated under the agreed provision of the KPME registration. Private medical establishments cannot refuse or avoid treatment to patients suffering from COVID-19 or having symptoms, the common notice added. 

The incident comes in the backdop of repeated instructions by the government that hospitals cannot deny admission to the patients suffering from coronavirus or having symptoms.

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coastaldigest.com news network
July 24,2020

Bantwal, Jul 24: Former Union Minister B Janardhan Poojary on Friday said that people need to shed all their misconception regarding COVID-19 and stop taking it so lightly as it is not just any normal disease.

The 83-year-old politician who was tested positive for covid-19, was recently discharged from hospital after recovering completely.

Giving a word of caution, he said, “Earlier also there have been several diseases like Covid-19 and it has been eradicated. Even covid-19 will be eradicated. So, people should not get scared of the disease instead must fight with it”

“Also, covid-19 patients must not be treated like untouchables as those with symptoms may also not mention it due to the fear of being treated badly,” he added.

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News Network
July 2,2020

Bengaluru, Jul 2: As many as 3,363 students from Covid-19 containment zones have appeared for SSLC examinations in different parts of Karnataka till yesterday. On the first day of exam, i.e., on June 25, only 998 students these zones had written the exam.

In the past few days the number of containment zones has increased across the state in general and Bengaluru in particular. In all, 32 students could not appear for the exam as they turned positive.

While on June 25, the number of students who were found unwell during the check up at exam centre was 201, it was 613 on Wednesday. Students who are sick and those from the containment zones take the exam in a different room.

The social science exam on Wednesday saw an attendance percentage of 97.96 (7.68 lakh). This was against 98.78% last year. There were 7.45 lakh fresh candidates, 20,000 private candidates and 593 from outside the state.

Five students in Yadgir district were given question papers based on the old syllabus for maths exam on June 27. Their answerscripts will be evaluated separately and action will be taken against the officials.

Malpractices assisted by schools by switching off CCTV cameras were reported in Ballari and Koppal. “We’ve completed all the core subjects. Now only languages are left. We’ll complete them too in a safe environment,” said S Suresh Kumar, primary and secondary education minister.

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