ORDER : 1. The petitioner is before this Court seeking for the following reliefs: "WHEREFORE, the petitioner above named most respectfully prays this Hon'ble court may be pleased to: a) Issue a Writ of mandamus in the nature of declaration to declare that the occupancy certificate is deemed to be issued in view section 310 (2) (b) of Karnataka Municipal Corporations Act, 1976 in respect of multistoried apartment complex constructed on a property bearing Municipal No.314/9, ward No.72, Domlur, Bangalore. b) Pass such other suitable order/s as this Hon'ble court deems fit to grant under the facts and circumstances of the case in the interest of justice and equity." 2. The petitioner having obtained a plan sanction, had commenced construction, obtained Commencement Certificate on 09.05.2006 and completed the construction in the year 2015. An application for issuance of Occupation Certificate had been submitted on 25.06.2015. Despite which, the Occupation Certificate not having been issued, the petitioner is before this court seeking for the aforesaid reliefs. 3. The submission of learned counsel for the petitioner is that in terms of clause (b) of subsection 2 of Section 310 of the Karnataka Municipal Corporation Act, 1976, if the commissioner has failed for 30 days after receipt of the notice of completion to intimate his refusal of the said permission, then the embargo under subsection (2) of Section 310 to occupy the premises would not arise. As such, he submits that there is a deemed sanction of issuance of the Occupancy Certificate since there is no refusal made within 30 days of the receipt of the completion. On that basis, he submits that since the application has been filed on 16.07.2015, it is deemed to have been granted within a period of 30 days thereafter by 15.08.2015. There being no refusal till date, the reliefs which are sought for are required to be granted. 4. Learned counsel for respondent Nos. 2 to 4 would submit that there are certain clarifications pending, in the year 2022, a letter had been issued by the respondents calling upon the petitioner to submit certain documents. Since those documents had not been submitted, the application could not be considered. She further submitted that the said communication is followed by another communication dated 19.04.2025. 5. Heard Sri. B. N. Suresh Babu, learned counsel for the petitioner, Sri. Bopanna Beliyappa, learned AGA for respondent No.1 and Ms. Since those documents had not been submitted, the application could not be considered. She further submitted that the said communication is followed by another communication dated 19.04.2025. 5. Heard Sri. B. N. Suresh Babu, learned counsel for the petitioner, Sri. Bopanna Beliyappa, learned AGA for respondent No.1 and Ms. Sumangala Gachchinmath, learned counsel for respondent Nos. 2 to 4. Perused the papers. 6. The short question that would arise for consideration is "Whether the respondent-Corporation could seek for clarification or furnishing of documents after the period of 30 days prescribed under clause (b) of subsection (2) of Section 310 of the Karnataka Municipal Corporation Act, 1976?" 7. Section 310 is reproduced hereunder for ease of reference: “310. Completion certificate and permission to occupy or use.- (1)Every person shall, within one month after the completion of the erection of a building or the execution of any such work, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye-laws signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for the inspection of such buildings or of such work and shall apply for permission to occupy the building. 1 [(1A) Notwithstanding anything contained in sub-section (1), where permission is granted to any person for erection of a building having more than one floor, such person shall, within one month after completion of execution of any of the floors of such building, deliver or send or cause to be delivered or sent to the Commissioner at his office, a notice in writing of such completion accompanied by a certificate in the form prescribed in the bye-laws, signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for inspection of such floor of the building and may apply for permission to occupy such floor of the building.] 1. Inserted by Act 32 of 1986 w.e.f. 17.6.1986. Inserted by Act 32 of 1986 w.e.f. 17.6.1986. (2) No person shall occupy or permit to be occupied any such building, [or part of the building] or use or permit to be used the building or part thereof affected by any work, until,- (a) Permission has been received from the Commissioner in this behalf; or (b) The Commissioner has failed for [thirty] days after receipt of the notice of completion to intimate his refusal of the said permission." 8. In terms of subsection (1) of Section 310, every person shall, within one month from the date of completion of the erection of a building or the execution of any such work, cause to be delivered to the commissioner in writing the notice of such completion accompanied by a certificate in the form prescribed in the by-laws, signed and subscribed in the manner prescribed and shall give the Commissioner all necessary facilities for the inspection of such building or for such work and shall apply for permission to occupy the building. 9. In terms of subsection (1)(A), notwithstanding anything contained in subsection (1), where permission is granted to any person for erection of the building having more than one floor, such person shall, within one month from completion or execution of any of the floors of such building, deliver or send or cause to be delivered or sent to the commissioner a notice in writing for inspection. 10. Thus, a perusal of subsection 1(A) would require a notice to be issued after completion of every floor in the building having multiple floors and in terms of Section (1) of Section 310, a notice is required to be issued after completion of the entire building. 11. What is important for this matter is subsection (2) of Section 310 which mandates that no person shall occupy or permit to be occupy any such building or part of the building until permission is received from the Commissioner. 11. What is important for this matter is subsection (2) of Section 310 which mandates that no person shall occupy or permit to be occupy any such building or part of the building until permission is received from the Commissioner. However, clause (b) of subsection (2) of Section 310 is an exception inasmuch as, it provides for a situation where if the Commissioner has failed for 30 days after receipt of the notice of completion to intimate his refusal of the said permission, which would amount to a deemed grant of Occupancy Certificate in terms of subsection (1) of Section 310 of the Karnataka Municipal Corporation Act, 1976, as the embargo to occupy the building would no longer exist. 12. In the present matter, admittedly, an application had been filed by the petitioner on 16.07.2015 and thereafter there has been no rejection or refusal by the Corporation except seeking for certain clarification/documents in the year 2022 and 2025 as indicated supra. 13. There is a duty which is imposed on the officers of the Corporation to process the application for Occupancy Certificate within a period of 30 days and raise any objection that they may have in respect to the said application within the period of 30 days, the respondent-officials cannot sit over the application and raise a requisition after several years. The first requisition being after 7 years and the second requisition nearly after 10 years after the submission of the application. 14. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. It is declared that the Occupancy Certificate in respect to the petitioner's property constructed on property bearing Municipal No. 314/9 Ward No. 72, Dhomlur, Bangalore, is deemed to have been granted in terms of clause (b) of subsection (2) of Section 310 r/w subsection (1) of Section 310 of the Karnataka Municipal Co-operation Act, 1976. iii. A formal Occupancy Certificate is directed to be issued by respondent within a period of 30 days from the date of receipt of a copy of this order.