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Journalism of Courage
Renewing hopes for the beleaguered residents of more than 100 flats in Mumbai’s Campa Cola compound that were held to be illegal and faced imminent threat of demolition, the Supreme Court on Friday left it to the state government to take a fresh decision on whether these apartments could be regularised or any other relief could be granted to the residents within the legal framework.
A bench of Justices M Y Eqbal and Kurian Jospeh allowed an application by the residents requesting for a clarification that no previous order of the court would come in the way in case the state authorities decide to examine the matter afresh.
The application had cited two previous orders of the Supreme Court, which had set the deadlines for the residents to vacate the illegally built flats and also gave a go-ahead to municipal authorities to demolish them.
However, the residents argued that some new facts had come come to the fore by way of RTI replies and these could help the government re-visit the issue but the previous court orders could deter them. Advocate Prashant Bhushan, appearing for the residents, said they were contemplating to move fresh representations before the state authorities but it would require an affirmation from the court that the authorities would not be influenced by the previous orders.
During the hearing on Friday, the bench asked the counsel for the Centre as well as the Maharashtra government if they had any objection to the clarification being sought by the residents. The counsel submitted that if the bench clarifies so, they were open to considering the representations afresh.
The court then issued the necessary clarification, saying the state government shall consider the representations in accordance with the law and it would pass a reasoned order.
The court had, in August last, agreed to hear the plea of the residents seeking another chance to save their flats, and issued notices to the Maharashtra government and Brihanmumbai Municipal Corporation (BMC).
After no specific proposal could be worked out to provide them space in the compound for construction of a new building or regularise their flats, the residents had been ordered by the court in November 2013 to vacate the premises by May 31, 2014.
Subsequently, the BMC issued notices to the residents to vacate their flats and disconnected power and water supply. The residents, however, took yet another chance and moved the Supreme Court, contending their plea for regularisation could be reconsidered in view of discovery of certain new facts.
It is in the wake of this new plea that the SC is now hearing the matter.
However, there is no stay against the demolition order and the court has said that the BMC was free to take action in accordance with the law.
mumbai.newsline@expressindia.com
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