been granted.
The fact that the building does not have a completion certificate issued by the MCD is not
in dispute. It has been argued ... that since the building in question did not have a completion certificate,
and Section 346 of the Delhi Municipal Corporation Act, places a specific embargo
existence of
basement and its completion plan, when the construction
was completed.
37. Similarly, PW2 has proved the completion plan for ground
floor ... which was opened in the MCD,
after completion of construction, on an application for
issuance of completion certificate
made clear that the you are supposed to have completion
certificate from the Engineering and same was to be submitted to the
Employer, which ... made clear that the you are supposed to have completion
certificate from the Engineering and same was to be submitted to the
Employer, which
Singh, Chief Engineer, CPWD.
He deposed about the necessary contents of Completion
Certificate or performance certificate of work executed.
PW-11 Sh. Bhopal Singh , Deputy ... Scope Complex, Lodhi Road, New
Delhi. He stated about proforma for Completion
Certificate.
PW-15 Sh. Rakesh Kumar Kayesth, Superintending
Engineer, NDMC. He deposed about
that M/s Ashoka Builders and
Promoters on 05.01.1990 applied for completion certificate and accused
Vinod Kumar, the then JE (B) inspected the site ... site and found the building to be
not completed. He proposed for not granting of completion certificate. It is
stated that though at that time
water connection is given only on
the completion of building on submission of completion certificate
issued by MCD. Thus, it is not disputed ... regular water connection
is given on the completion of building on submission of completion
certificate issued
mandate and without such Certificate the Work stood
incomplete. In fact, the applicant also never issued any Certificate of
Completion, and the Ld. Arbitrator ignored ... matter of fact been completed. This opportunity
was not taken by the respondent. Therefore, there is no completion
certificate in terms of clause
denied that the work was completed
on 18.07.2011. It is further asserted that no Completion Certificate
was ever recorded by the officers of Respondent ... work has been completed. He, in connivance and collusion with
the junior officials, got recorded a fictitious Completion Certificate
and also got prepared a forged
stated that all required documents and formalities were
completed at the time of issuance of completion certificate, all setbacks
were cleared as per the sanctioned ... only after the completion certificate is
obtained."
"7.6 Occupancy CertificateThe Authority, on receipt of the
notice of completion, shall inspect the work
floor and second floor. In the completion
drawing submitted by the builder before the issuance of completion certificate to the
MCD, Najafgarh Zone ... which had also been shown in the completion plan. However, at the time of
applying for completion certificate, the builder had dishonestly concealed the
construction