The Supreme Court on Monday refused to initiate contempt of court proceedings against residents of Campa Cola Housing Society in Mumbai for staying beyond the deadline of May 31 fixed by the court on May 5.
Dealing with an application filed by the residents to recall the court order, the Bench clarified that its order applied only to such individuals who gave an undertaking to vacate. Out of the 100 odd flats, only few residents had given an undertaking so far. With close to 95 flats still not willing to give undertaking, the Bench refused to accept the plea by Brihanmumbai Municipal Corporation (BMC) to initiate contempt proceedings.
The Bench of Justices Sudhanshu Jyoti Mukhopadhaya and Sharad Arvind Bobde said, “Allowing time till May 31 to vacate and directing to vacate are two different things…We make it clear that we did not direct them to vacate. Hence no contempt is made out.”
The Bench indicated that its deadline applied only against persons who gave undertaking. “We have made a distinction with regard to those who will be giving undertaking. Those who do not, the Corporation will give them notice of eviction. But do not do something that we have not said.” The residents, represented by advocates Prashant Bhushan and Kamini Jaiswal, sought permission to withdraw the earlier application and file a fresh one to urge additional legal grounds not pressed so far. The Bench gave permission to file the fresh application in two weeks.
At the same time, the Bench reminded the residents not to engage in agitation. “let us be clear. Sympathy is one thing and law is another thing. By agitation you do not get anything.” Since residents were at fault for constructing flats illegally without sanction of municipal authorities way back in 1980s, the Bench even asked residents to explore possibilities in consultation with the BMC authorities.
While residents expressed willingness to this offer, the BMC counsel outrightly rejected the proposal. Senior advocate Pallab Sisodia representing BMC said, “Extensive talks have been held but a solution is just not possible.” With the contempt route not available to BMC, it may be forced to take action as per the municipal laws. The municipal agency has already proceeded with disconnection gas, water and electricity connection to the illegal flats.