G.R. dt. 23rd February, 2023 – Department of Urban Development – Sub- CCs and OCs to be published on the websites and made available to MahaRERA
Commencement Certificates and Occupation Certificates
issued by all Urban Local Self-Government Bodies in the
State for the Building Projects within their areas to be
published on their websites, as well as to be furnished to
the Maharashtra Real Estate Regulatory Authority
Government of Maharashtra
Department of Urban Department
Mantralaya (Main Building), 4th Floor,
Madam Cama Marg,
Hutatma Raj Guru Chowk, Mumbai-400 032
Date:- 23rd February, 2023
1. Government Circular in the Department of Urban Development, bearing No:Sankirna-2016/Pra.Kra.468/NaVi-20, Dt.10.03.2017.
2. Government Circular in the Department of Urban Development, bearing No:-Sankirna-2016/Pra.Kra.510/NaVi-20, dt.03.05.2018.
3. Letter dt.29.09.2022 from the Assistant Government Pleader, bearing No:-GP/WP/BVS/15112/2022.
4. Letter from the Secretary of the Maharashtra Real Estate Regulatory Authority (MahaRERA), dt.10.11.2022.
Government Circular at Reference Nos. 1 and 2 above were issued by this Department with a view to checking deception of ordinary citizens at the hands of developers by unauthorised constructions made in urban areas of the State. Under these Government Circulars, directions were issued to all Urban Local Self-Government Bodies and all Planning Authorities in the State to upload on their websites such information as the list of buildings constructed under Development Proposals in the urban areas of all Planning Authorities in the State, Detailed Development Proposals, their sanction, Survey Numbers and the names of developers for the knowledge of ordinary citizens. Moreover, directions were given to publish the list of unauthorised constructions and to start a widespread public awareness campaign through the means of local news channels, newspapers and hoardings, so as to make a public appeal to the ordinary citizens not to purchase a house in these unauthorised buildings.
However, during the course of hearing of Public Interest Petition No.49/2021 (Shri. Sandeep Pandurang Patil V/s Government of Maharashtra and others) filed before the Hon’ble High Court, it was noticed by the Hon’ble High Court that some developers were starting unauthorised housing projects by getting registration with the Maharashtra Real Estate Regulatory Authority (MahaRERA) on the strength of fraudulent building commencement certificates by taking advantage of lack of co-ordination between the Government and the Authorities. Hence, the Assistant Government Pleader, Hon’ble High Court, Mumbai, vide his letter at Reference No.3 above, has asked the Government to take action in this regard.
The Secretary, Maharashtra Real Estate Regulatory Authority, vide his letter at Reference No.4 above, has requested the Government to devise remedial measures in this regard. Against this backdrop, the Government contemplated the matter of checking deception of ordinary citizens by developers in the purchase of flat for residential/commercial user, as well as securing co-ordination amongst various authorities of the Government. Accordingly, the Government has resolved as hereunder:-
All Urban Local Self-Government Bodies (Municipal Corporations/Municipal Councils/Nagar Panchayats), as well as Planning Authorities in the State should upload on their websites (website/web page) the Commencement Certificates and Occupation Certificates issued by them for residential/commercial user projects in their areas for the information of ordinary citizens. Moreover, they should ensure that the information uploaded on such websites is updated from time to time, with the changes/modifications made thereto.
2. If Municipal Corporations/Municipal Councils/Nagar Panchayats in the State have not updated or developed their websites, the Directorate of Municipal Administration should co-ordinate with them and maintain control, so that such websites can be developed and updated. Such websites should be developed/updated by the 31st March, 2023.
3. Since it has been discovered that unauthorised building projects have been started by getting certificates from the Maharashtra Real Estate Regulatory Authority (MahaRERA) on the strength of fraudulent building Commencement Certificates in the areas of Urban Local Self-Government Bodies in the State, such Urban Local Self-Government Bodies/Planning Authorities are required to despatch Commencement Certificates/Occupation Certificates issued by them for construction activities to the e-mail address of the Maharashtra Real Estate Regulatory Authority, as soon as they are issued. A District-wise list of such E-Mail addresses is set out in Appendix-“A”. However, as soon as websites of Urban Local Self-Government Bodies are developed/updated, the Directorate of Municipal Administration would be required to ensure that such websites, as well as the websites of Planning Authorities would be integrated with the websites of the Maharashtra Real Estate Regulatory Authority (MahaRERA) before 31.03.2023. A report in this regard should be submitted to the Government.
4. The responsibility of uploading Commencement Certificates and Occupation Certificates issued by Urban Local Self-Government Bodies and Planning Authorities on their websites, as well as updating them and securing co-ordination in that regard with various Authorities of the Government shall rest upon the Head of Town Planning Department of the Local Self-Government Bodies and Planning Authorities, which issued such Commencement Certificates and Occupation Certificates.
5. All Urban Local Self-Government Bodies (Municipal Corporations/Municipal Councils/Nagar Panchayats), as well as Planning Authorities should scrupulously implement this Resolution and initiate prompt action accordingly.
6. This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 202302231055424425. This Government Resolution is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra,
Digitally signed by SUSHILA DHONDIRAM PAWAR
Date:-2023.02.23 11:59:29 +5’30
Deputy Secretary, Government of Maharashtra,
1] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
2] The Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority, Bandra (East), Mumbai,
3] The Managing Director, CIDCO, New Mumbai,
4] All Divisional Commissioners,
5] The Commissioner and Director, the Directorate of Municipal Administration, Worli, Mumbai,
6] All District Collectors,
7] The Director, Department of Town Planning and Valuation, Pune,
8] Commissioners of all Municipal Corporations in the State,
9] The Chairman, Nagpur Improvement Trust, Nagpur,
10] Chief Officers of all Municipal Councils/Nagar Panchayats in the State,
11] Select File (UD-20).
[Text Translated by Adv. Prakash Manohar Chalke-