Bengaluru : The high court has upheld the decision of Samethanahalli gram panchayat in Hosakote taluk of Bengaluru Rural district to revoke occupancy certificates issued for 33 villas in the Raffles Park project developed by Raffles Residency Pvt Ltd.
The gram panchayat has therefore been directed to examine the conduct of the architects as well. The judge directed that compliance be reported within three months. Justice Govindaraj also noted that an inspection conducted pursuant to the court’s directions had revealed several deviations, including the location of the sewage treatment plant, encroachment on a rajakaluve (stormwater drain), incomplete internal roads and inadequate maintenance of the diesel generator.
However, the cancellation of the OCs should not, by itself, be construed as a determination by the court on whether the project qualifies as an “ongoing project” under the Real Estate (Regulation and Development) Act, 2016. If deemed necessary, the matter may be referred to the Council of Architecture or any other competent authority in accordance with the law, the judge said. If the inquiry reveals any lapses warranting action, appropriate disciplinary or other proceedings must be initiated. That question remains to be decided by the Real Estate Regulatory Authority in the pending proceedings, the judge clarified. The court observed that the completion certificate issued by the project’s architects, M/s Karan Grover and Associates, did not reflect the actual condition of the development, certifying an incomplete project as complete.