iconimg Wednesday, September 02, 2015

HT Correspondent, Hindustan Times
October 02, 2013
Residents of the 96 illegal flats at Campa Cola housing society in Worli have been granted another 41 days to vacate the premises, but they will not be able to approach the court again to prevent the demolition. A Supreme Court bench headed by Justice GS Singhvi on Tuesday granted residents additional time on the condition that residents would not file another plea before any court on the issue. The ruling comes in the nick of time for residents as the BMC was to begin demolitions on October 3.

The apex court refused to reconsider its earlier order on the demolition of 35 illegal floors. “Having considered the submissions, we deem it proper to accept the prayers made by senior advocate Mukul Rohatgi [who represents flats’ occupants] and allow till November 11 to vacate the premises,” the court said.

When Rohatgi sought reconsideration of the whole matter, the bench said: “We have already upheld the show-cause notice [of the BMC]. In our opinion, they are not entitled to take up the plea at a belated stage.”

Attorney General GE Vahanvati did not object to the extension on the ground that residents would not file another case. Seven high-rise buildings were constructed at Campa Cola compound between 1981 and 1989. The builders had permission for only six floors, but built as many as 35 illegal floors across seven buildings – while Midtown has 20 floors, Orchid has 17.

On February 27, the court had refused to regularise the floors constructed in violation of the sanctioned plan. Later, on May 2, it had stayed the demolition of the buildings and granted five months to flat owners to vacate the premises.