The Supreme Court has agreed to hear a fresh plea against Campa Cola Society residents' imminent eviction and demolition. The apex court will hear the plea on Tuesday (2.6.2014).
Campa Cola Compound is an apartment complex in the southern part of Worli in South Mumbai. The apartment in question, consist of 35 illegal floors with 96 illegal flats, was built without BMC permission and were hence declared illegal.
Earlier the Supreme Court had ruled that the residents of the illegal flats must vacate by May 31. Read Live law story here
But the residents did not hand over the keys to Brihan mumbai Municipal Corporation (BMC). BMC has already provided June 02 as deadline to vacate the illegal flats and hand over keys. The BMC Standing Committee will meet on Friday to discuss the demolition of 35 illegal floors. The BMC letter states:
“In the event of failure to hand over keys of the premises along with vacant physical possession by June 1, further legal action will be taken against you,”
The Campa Cola Compound was constructed on land leased to Pure Drinks Ltd in 1955. In 1980 BMC granted the permission to develop it for residential purposes. Pure Drinks Ltd along with the builders erected seven buildings, two of which were high-rise buildings of 17 and 20 stories. During the construction period, the BMC authorities had issued notices to the builders to stop work because of the gross violation. The builders paid the penalty and continued with the work. The builders sold of these flats to bonafide purchasers without disclosing any of theseincidents and interestingly there was no objection from any quarter while occupying their apartments or forming the Co-Operative Housing Society.. Ignorant of these violations the residents bought the apartments believing that they would get the occupation certificates in due course, as was the norm 25 years ago. The residents have been in litigation with BMC since 2005.
It is the practice adopted by unscrupulous real estate developers to build the apartments on the edifice of illegality and shield their act with plea of bonafide purchasers. Recently a similar incident has been reported from Noida where the Allahabad High Court has ordered demolition of flats constructed by Supertech, a real estate company.
Read more about Campa Cola dispute click here