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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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Monday, October 6, 2014

VOTERS' CAUSE - NGO to parties: Back residents of dilapidated bldgs




In the near future, at least three lakh families will be rendered homeless when old and dilapidated buildings in the suburbs are declared dangerous and then demolished.

NGO Janhit Manch has taken up the cause of these families as there is no state policy nor any legal provision to provide them with alternate accommodation or ensure they get a new flat.

The NGO has written to all political parties in Mumbai to address this issue in their political campaign for the assembly election.

"More than 7,000 families will be or are already dishoused as there is no provision of temporary shelter under any law and no guarantee of permanent home in future," said Utsal Karani, secretary , Janhit Manch.

Karani said in 1998 Afzalpurkar Committee set up to give recommendations for re pairs and reconstruction of dilapidated buildings in the suburbs and extended suburbs of Mumbai estimated that there are 19,000 dilapidated buildings in the suburbs.

"At an average of 15 families per building, it works out to three lakh families that will be affected," he said.

So far, 580 buildings have been declared as C1, or dangerous, across Mumbai, including private, both tenanted and cooperative housing societies, and those owned by BMC, Mhada and Railways, among others.Out of these, approximately 97 buildings have been declared as dangerous in the island city .And of these, 50 are owned by the BMC and other authorities.Most of the island city buildings are tenanted cessed buildings (around 47) and are protected under Mhada Act for repairs as well as reconstruction. In case of suburbs, 450 buildings are declared dangerous, of which 70 are owned by the BMC and other authorities.The remaining 380 are private buildings. Almost 90% of these buildings are non-cessed tenanted buildings that have no protection at all of any schemes under the Mhada Act andor the civic Development Control Regulations, said Karani.

"Around 125 buildings in the suburbs have been demolished. Most of the tenants belong to the low-middle-income group and are scattered across the suburbs. Since the law does not provide any protection, they are left at the mercy of landlords and builders,'' he said.

Karani further said since candidates are moving around seeking votes, this is the best time to highlight the gargantuan humanitarian problem.

 




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