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SC gives residents, BMC two weeks to find a solution

The court was hearing an application filed by residents in December 2013 on the basis of “new evidence” they claimed to have found.

Mumbai | Updated: February 6, 2014 2:49 pm

The Supreme Court on Monday gave the residents of Campa Cola buildings and the Brihanmumbai Municipal Corporation (BMC) two weeks to come up with an alternative to demolishing the 35 illegal floors spread across the seven buildings of the Worli compound. Sources in the civic body, however, said the BMC was unlikely to allow regularisation.

The court was hearing an application filed by residents in December 2013 on the basis of “new evidence” they claimed to have found.

According to the resident’s application, in November 1986, the then additional municipal commissioner of the island city had allegedly issued orders to regularise the illegal constructions by levying a Rs 6.5-lakh penalty on the builders, which was later recalculated to Rs 11.2 lakh. The architect was also asked to submit amended plans as per the work carried out at the site.

The residents claim that this penalty was paid on December 12, 1986, but the developers refused to pay the recalculated additional fine of Rs 4.6 lakh and constructed beyond the permissible FSI limit.

Senior counsel Mukul Rohatgi, representing the Campa Cola residents, said, “The court has asked us to sit with the Attorney General (who appeared for the BMC) to discuss how the homes can be regularised using the balance FSI space that has remained unutilised. We will also take into account the payments made to the BMC in 1986 to approve the unauthorised constructions, in spite of which, somehow, the corporation has not considered regularising the illegal flats.”

Another residents’ lawyer said, “The court felt it was a humanitarian problem and said if there was a way that a solution could be worked out then it must be considered. Our proposal after discussion with the AG will be submitted to the BMC to check its feasibility. Thereafter, we will go back to court in two weeks.”

Additional municipal commissioner Mohan Adtani said, “We have yet to study the order but the court has asked the two legal counsels to sit together and provide a legal opinion on what can be done. In the end, it is the authority concerned that will have to take a decision on the matter.”

alison.saldanha@expressindia.com

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  1. S
    SaurabhWorld
    Jan 20, 2014 at 10:15 pm
    Demolish it and the Adarsh building too.
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    1. Subramaniam Dharana
      Jan 21, 2014 at 12:13 am
      Whosoever is at fault the building has been constructed illegally.This country has not been bold enough to enforce rules any where giving rise to indiscipline all over the places & corrupt practices.One can bribe all over the places and get away with it.It is high time that people of Maharashtra lead the country in showing that discipline can be enforced and builders who take illegal route and make immoral money are punished by lodging them behind the bars other than demolishing the illegal floors immediately.If this step is taken at one place , it will set a precedent for others to follow.
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      1. H
        H.S. KRISHNA
        Jan 20, 2014 at 11:13 pm
        Instead of wasting precious resources which have been used in constructing the illegal floors, it would be better to hand over these to house Government and Munil Departments and NGOs after proper scrutiny on urance that the NGOs would not let out the premises. Further, the Builder should be penalised and made to hand over houses to the residents whose flats would be taken over by the Government for abovepurpose. Only then will it be a deterrent to Builders not to fool around with building more than the sanctioned FSI. It would be most unfair if the residents lose their flats and the builder gets away with it.
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