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Monday, October 27, 2014

SC: New govt free to bail out Campa flats




Civic Body Sticks To Tough Stand
The Supreme Court again offered a glimmer of hope to the residents of Worli's Campa Cola society, where the fate of nearly 100 illegal flats hangs in balance.

The court said on Monday it was "not averse to any relief that the new government in Maharashtra may offer the residents, if it does", while adjourning the case till next Monday.

The residents' hopes now rest on the BJP-led government that will take power in the state. BJP leaders, particularly Shaina NC, have fought for the residents during the two long eviction dramas. A Supreme Court bench of Justice S J Mukhopadhaya and Justice Sharad Bobde, which said it was not against the new state government from giving relief to residents of Campa Cola compound, is hearing a petition seeking clarification on the apex court's orders last year upholding the BMC's demolition notice.

All six buildings on the compound built in the eighties have several floors in ex cess of what was permitted.

The residents are seeking clarity on the possible actions that the BMC could take and said regularization of the illegal floors is possible as there is space available near the compound to offset them. The civic body itself had earlier agreed and had accepted part payment of penalty from the builder, they pointed out.

When the matter came up on Monday , lawyer for the residents Kamini Jaiswal sought an adjournment as senior counsel Shanti Bhushan was not present. The judges asked if the state assembly elections were over. When informed that they were and the process of government formation was on, they said that "if the new government were to offer any relief, we would not be averse to it" and adjourned the hearing.

But the BMC has adopted a tough stand, opposing regularization and saying the society did not even own the land it stands on. Deemed conveyance has been granted, but the BMC cited a June 12, 2014, government resolution dealing with unauthorized construction to claim regularization could not be done.

The court has issued a notice to the state to know its stand on unauthorized structures in the compound.






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