The fate of 103 flat-owners of Campa Cola House Building Society in Mumbai stood sealed on Tuesday as the Supreme Court gave time till May 31 next year for occupants of the illegally-built houses to vacate.
With the residents not agreeable to an alternate proposal by Attorney General to construct additional buildings within the complex, seen as a permanent solution to the problem, the court directed all residents to furnish an undertaking within six weeks to vacate. Those failing to give an undertaking would face demolition, the court added.
The aggrieved residents of the society, many of whom were present in the apex court on Tuesday, counted on an indulgence from the SC following the court’s suo moto action on the previous occasion to stay demolition till further orders. On the last occasion, the court expressed its desire to see a solution come through and decided to extend time for residents to vacate their houses till May 31.
But residents were jubilant after getting relief from court and counted on legal options. On “purely humanitarian grounds” the bench of Justices GS Singhvi and C Nagappan ordered extension of time to vacate for residents till May 31, realising the difficulty faced by some residents.
The society was developed by builders who had sanction to raise structures upto five floors. located in the central part of Worli, the builders constructed buildings, some even upto 20 floors, in violation of the approved building plan. Residents claimed ignorance of this rule while buying flats. The Brihanmumbai Municipal Corporation has claimed that the fact was known to residents at the time of purchase of flats.
On a possible solution to the issue, the bench asked Attorney General if there was any breakthrough. AG Goolam E Vahanvati told the court, “No specific proposal can be given,” referring to his proposal to construct additional buildings within the society complex. It seems the proposal was not well taken by the affected residents as this involved huge cost of construction.
The issue has snowballed into a political one with political parties jumping in support of the residents, with pressure being brought on the Prithviraj Chavan Government to issue an Ordinance to nullify the judicial order. The State Government had stayed its hands from doing it as this would invite contempt action from the highest court.