‘Disturbed’ SC puts off razing of illegal Worli flats till May 31 AG Offers Plan To Resettle Residents In New Bldg At Site

New Delhi: Disturbed by media reports on the suffering of residents of illegal flats in Worli's Campa Cola society, the Suprem Court on Wednesday suo 

motu stayed their demolition till May 31 next year. 
    It came as huge relief for the residents, who faced a more strident BMC and police on Wednesday morning. There was a lathicharge, a gate was torn down and residents were being pushed out when news of the SC ruling came, triggering tears of joy and celebrations. 
    The order by a bench of Justices G S Singhvi and V Gopala Gowda gives more time to the residents to find alternative accommodation. But attorney general G E Vahanvati pointed out that postponement of the demolition would not solve a "human problem". Ruling out an ordinance to overturn the demolition order, he said, "What is illegal... must go. But I have had consultations with the BMC and a rough proposal has emerged to solve the problem." 
    Extra FSI is available at the site and it should be used for a building in the compound for the illegal residents. This would be "alternative accommodation for those whose flats would be demolished". "This will solve the problem," he said. The SC found the proposal "justifiable" and requested the AG to file it by November 19. "If the residents agree, we can consider it. We will fix a time limit for the BMC to sanction the plan." 
SOLUTION IN SIGHT FOR CAMPA COLA? 
AG Vahanvati proposes a new building in the same compound to resettle owners of illegal flats 
Huge unutilized FSI as well as additional FSI available. It could go to the proposed society It will have excess flats even after resettlement. They can be sold to raise construction cost 
After resettlement, illegal structures can be demolished. SC wants written plan on Nov 19 JUST IN TIME The residents faced a strident BMC and police on Wednesday. There was a lathicharge at protesters, bulldozers brought down the gates of BY Apartments and police began throwing out the illegal residents when the SC ruling came SC had no idea that most Campa flats were occupied 
    Apart from being a legal issue, it is a human problem, Justice Singhvi said, sharing the AG's anguish. The judge said, "We can't even share how badly we were disturbed by last evening's developments. I slept thinking about it around 11.30pm. It was a disturbed sleep. I woke up at 3.30am and could not sleep thereafter." 
    The court explained it had passed the demolition order (with November 11 as the deadline for the residents to vacate their homes) after being told by the counsel that 75% of the illegal flats' occupants had left the premises. "It appears that mosthave not vacated. Some are adam a n t wh i l e most have not found alternative accommodation," the bench said. It appreciated the assistance rendered by senior advocates Fail S Nariman, Mukul Rohatgi and Pallav Shishodia and posted the matter of the BMC's alternative accommodation proposal for November 19. 
    The court on February 27 had ordered the demolition of 96 illegal flats in the Campa Cola compound. After making unsuccessful attempts to save their homes, the residents had approached the Supreme Court, disputing the total area proposed to be demolished. 
    The court in an order on October 1 termed the plea "clearly impermissible because no such plea was raised at any stage of the earlier proceedings" and said that "by creating an artificial dispute, the petitioner cannot frustrate implementation of the notices issued by the BMC". 
    In the same order, the court recorded, "At this stage, senior advocate Mukul Rohatgi gave out that 75% of members… have vacated the illegally constructed portions of the (Campa) buildings and then made a request that the remaining members be allowed a further four weeks to vacate the premises in their occupation." 
    After Vahanvati said he had no objection to the grant of the period, the bench, headed by Justice Singhvi, said (on October 1), "Keeping in view the forthcoming Dussehra and Diwali festivals, we deem it proper to accept the prayers made by Rohatgi and allow time to the members of the building societies up to November 11, 2013, to vacate the premises in their occupation. 
    "This would be subject to the condition that they shall not file any litigation in any court in the state of Maharashtra, including the Bombay high court, except for recovery of the amount paid to the developers/builders." 
AG'S REHAB PLAN 
    The attorney general's plan for alternative accommodation for illegal Campa residents on the same compound makes use of the fact that the present-day development control regulations provide for adequate FSI for a new building in the compound 
    During the hearing of the case earlier, the residents' advocate had sought regularization of the illegal area under the 1991 DCR through the levy of a penalty. The BMC rejected the option 
    The SC in its February order upheld the civic body's stand, saying the building plans had been sanctioned before the new DCR came into effect and the permissible FSI under the old rules had been exhausted