The Supreme Court on Tuesday dismissed the plea of residents of illegal flats in Mumbai’s Campa Cola Housing Society against the earlier order asking them to vacate their premises by May 31. “We are of the view that the present petition is misconceived and hence, dismissed,” a bench comprising justices J S Khehar and C Nagappan said.
The bench also rejected the submission that at least the illegal flats be not demolished till the time apex court decides the curative petition of residents association in the case. “It is a big humanitarian problem. 140 families have been asked to vacate the premises with no other place to go,” senior advocate Raju Ramachandran, appearing for the residents association, said, adding that, he was not advancing any arguments on legal grounds as it is nearly a mercy plea.
“Every case has a humanitarian issue. Otherwise there was no need for having courts,” the bench said. The residents association said the illegal flats owner may vacate the premises but they (flats) should not be demolished till the disposal of the curative petition in the case.
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The association, in its plea, had sought a direction to Maharashtra government and Municipal Corporation of Greater Bombay that they be asked not to demolish the illegal flats in the buildings till the apex court decides the petition. “Allow the present writ petition filed by the petitioner Association before this court and issue writ of Mandamus or Certiorari or any other appropriate writ or directions, directing the respondents not to demolish the building or take any other coercive steps till the outcome of the present writ petition,” the plea had said.
It had said that the association has come across certain facts, which never came out, under the Right to Information Act and they (facts) warrant fresh hearing of the case.