Cannot register flats before builders get ‘completion certificate’: Rajasthan HC


Jaipur: The Rajasthan High Court has banned registration of flats across the state prior to the builders getting 'completion certificates' for the same by the competent authorities. The single bench of the high court issued the order on a petition by Chirnjilal Pilania against Dev Developers of Sikar, who constructed a G+4 building on a municipal land after getting approved a G+3 building plan on his private land in connivance with the municipal officials.

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The district collector's report had said the building was constructed illegally. The counsel for the petition er, Anoop Dhand, said the court had on December 12, 2015, directed time-bound disposal of the case. The court directed municipal council (Sikar) to decide on the application for regularisation of the building within 10 days of the receipt of the court order.

However, even after 10 months no action was taken, said the petitioner's counsel. The court observed that the illegal constructions have become a scourge in urbanand semi-urban centres across the state. Regulatory authorities are fighting what seems to be a losing battle against such constructions, it further said. 

The court said that corruption, inefficiency of local bodies, sheer volume of work and neighbourhood apathy are the reasons for such illegal constructions. Consequently, a belief has taken root in the minds of the builders and general public that the laws regulating buildings plans can be violated with impunity, the court observed.

The court also directed the state government "to consider requisite steps to break the nexus between developers and regulatory bodies in allowing illegal constructions and direct registering authorities across the state not to register sale of flats in multistorey buildings without the issue of a completion certificate to the builder concerned."