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22. Completion certificate, development certificated and occupancy certificate.

  1. Every owner shall, on completion of the development redevelopment of land or construction or reconstruction or addition or alteration of building, as per the permit issued to him, submit a completion certificate certified and signed by him, to the Secretary in the form in Appendix E:    
       Provided that in the case of buildings, other than single residential units up to two floors with total floor area not exceeding 150 sq. meters, the completion certificate shall be certified and signed by the owner and registered architect or engineer or supervisor also as in Appendix F.
  2. The Secretary shall, on receipt of the completion certificate and on being satisfied that the development or redevelopment of land has been effected in conformity with the permit given, issue a development certificate in the form in Appendix G, not later than 15 days from the date of receipt of the completion certificate:   
    Provided that if no such development certificate is received within the said fifteen days, the owner may proceed as if such a development certificate has been duly issued to him.
  3. The Secretary shall, on receipt of the completion certificate and on being satisfied that the construction or reconstruction or addition or alteration has been carried out in conformity with the permit given, issue occupancy certificate in the form in Appendix H not later than fifteen days from the date of receipt of the completion certificate:        Provided that if no such occupancy certificate is issued within the said fifteen days, the owner may proceed as if such occupancy certificate has been duly issued to him.
  4. The owner of a building may if he intends to occupy the building before its completion, apply to the Secretary for that purpose and the Secretary shall, on being satisfied that such occupancy will not endanger life issue occupancy certificate in respect of the completed part.

    NOTES


       If the deviation from the approved plan are of a trivial nature having no bearing safety, the imposition of a fine may meet the requirement of  law. There need not be an order for demolition. (Narahari Rao V. State of Kerala, 1999 (1) KLJ 969.)

       In the construction of a building, whether the bye-laws were violated not has to be examined in the light of the building bye-laws existing at the time' when the plans of the building were sanctions by the Corporation (Satyanarayana v. Shantha (1999) 5 SCC 704).

      Under Section 207 of the Municipality Act, 1994, excepting National and State Highways all public Streets and appurtenance shall stand transferred to and vest absolutely in the Municipality. The absolute vesting can only for ensuring its use intended. It is for the public to use and not to licence it for particular group of public. That will be against the defined purpose. (Janakeeya, Prathikarana Vedy v. District Collector, 1998 (2) KLT SN 64.)