The Secretary must adhere to the law in force at the time of building permit issuance when considering occupancy certification.

JUDGMENT

The prayer in the writ petition is to quash Ext.P1 order issued by the 2nd respondent and for a direction to the 1st respondent to grant occupancy certificate to the petitioners building without any further delay in the light of Exts.P3 & P4 building permits and Exts.P15, P16, P38, P39, P52, P53, P54, P56 and P58.

2. Pending the writ petition, this Court had directed the 1st respondent to number the building provisionally subject to the result of the writ petition, as per order dated 17.12.2021. In compliance with the said directions, it is submitted that provisional numbering has already been done.

3. When the case was taken up today, the counsel for the 1st respondent pointed out paragraph 12 of the counter affidavit dated 14.12.2021, wherein it is stated that most of the deviations have already cleared and the only deviation that remains is regarding the one at the top floor where, in violation of the building permit in which the spaces shown as children's play area, an auditorium has been constructed. The counsel for the 1st respondent says that if the said violations are also cleared and the building is brought in accordance with the permit, there should be no further issue regarding the grant of regular building number. The counsel for the petitioners submits that they are willing to correct the above violation.

4. The counsel for respondents 3 to 6 have filed a counter affidavit pointing out certain violations in the building. However, they are also having no objection if numbering is done after the violations are cleared. The counsel for the petitioners pointed out that the observation in Ext.P1 issued by Senior Town Planner to the effect that the Municipal Secretary should consider the application for regularisation only after ensuring that the extended portion of the building in 2002 & 2009 satisfies the prevailing Building Rules needs to be set aside, since legally what is required is only compliance with the law that was in force at the time of issuance of the permit. I find considerable force in the above submission. The Secretary needs to follow only the law that was in force at the time of granting building permit.

In the result, this writ petition is disposed of directing the petitioners to correct the violations pointed out with regard to terrace floor and bring it in conformity with the building permits Exts.P3 & P4. After complying with the above aspect, the petitioners may move the 1st respondent for grant of regular numbers and occupancy certificate. The 1st respondent shall within three weeks of receipt of the information from the petitioners regarding correction of the violations, inspect the properties and after satisfying themselves that the violations have been removed, proceed to grant occupancy certificate and regular number to the building.