Sorry, all options closed, says SC: Residents of illegal floors of Campa Cola buildings are back to square one: Nov 20, 2013

Sorry, all options closed, says SC
Residents of illegal floors of Campa Cola buildings are back to square one
dna correspondent @dna

New Delhi: In a major setback to residents occupying illegal flats in Worli’s Campa Cola Compound, the Supreme Court on Tuesday directed them to vacate their houses by May 31, 2014.
A bench headed by justice GS Singhvi said it extended the date for the demolition of illegal floors in the Campa Cola Compound from November 11, 2013, to May 31, 2014, on humanitarian grounds after attorney general Goolam Vahanvati sought time to come up with a specific proposal for a permanent solution.
“Having considered the matter in entirety, we deem it fit to extend the period till May 31, 2014, by which the illegal occupants must vacate. This is subject to the undertaking to be given by occupants within six weeks,” the bench said. “If no undertaking is given, the municipal corporation will be entitled to take action in accordance with the February 27 order.”
Vahanvati on Tuesday informed the bench that no specific proposal could be worked out for enabling new construction in the compound.
Campa Cola residents heaved a sigh of relief after the Supreme Court on November 13 stayed the demolition of unauthorised flats till May 31, 2014. The court had agreed to consider the proposal of constructing a separate building in the premises for those whose apartments are to be demolished.
Vahanvati had earlier told the Supreme Court that there was extra FSI available and that it could be used to construct new homes on the compound premises. The court had asked him to submit a proposal in this regard on Tuesday.
After Tuesday’s court order, those living on illegal floors in Campa Cola are now pinning their hopes on legal flat owners.
Seven high-rise buildings were constructed in the Campa Cola Compound between 1981 and 1989. The builders had permission for only five floors, but constructed several more. While one of the buildings has 20 floors, another has 17. There are 102 illegal flats in buildings in the Campa Cola Compound.
In 2002, the BMC found that of the 2.11 lakh sqft built-up area, 1.86 sqft was permissible and 24,779 sqft needed demolition. In 2005, the BMC concluded that all flats above the fifth floor of every building were unauthorised. The residents, who have been fighting a legal battle since 2005, said they were duped by builders and will be on the roads if their flats were pulled down.
The court on February 27 ordered the BMC to demolish the illegally constructed flats and on October 1 refused to reconsider its earlier order. It set November 11 as the deadline for residents to vacate illegal flats. However, on November 13, hours after over 100 agitated families clashed with the police while the civic squad was bulldozing its way into the premises, the apex court stayed the demolition till further order, saying it was “badly disturbed by the development that is taking place at Campa Cola premises in Mumbai”.
—With agency inputs

Published Date:  Nov 20, 2013


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