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This is an archive article published on September 27, 2013
HC rejects Campa Cola residents’ plea; civic body to raze flats on Oct 3
The Bombay High Court on Thursday dismissed a writ petition by the residents of Worlis Campa Cola compound seeking regularisation of 35 illegal floors.
The Bombay High Court on Thursday dismissed a writ petition by the residents of Worli’s Campa Cola compound seeking regularisation of 35 illegal floors. With this,the unauthorised floors of the five buildings now face demolition.
In their plea before the court,the residents contended that while rejecting their application under Section 53 (3) of the Maharashtra Regional Town Planning Act that permits a person aggrieved by the planning authority’s notice to seek permission to retain the structure over which the notice is issued,there was no application of mind by the BMC.
The residents had earlier submitted the plan for regularisation of 67,000 sq ft — which was within the permissible Floor Space Index (FSI) that could be regularised — to the BMC. However,BMC’s legal department rejected the proposal. Regularisation could have saved 72 of the 92 flats that are proposed to be demolished due to FSI violations.
A senior civic official said,“As per the Supreme Court order,one cannot regularise FSI violations in case of Campa Cola buildings.”
“The proposal was rejected on legal grounds. As of now,we are planning to go ahead with the demolition on October 3,” said Mohan Adtani,Additional Municipal Commissioner. “The BMC did not judge the case on the basis of merit and instead,in the rejected letter,we have quoted parts of the Supreme Court order which prevent us from regularising the unauthorised floors,” he added.
Now,140 families will have to vacate the flats on October 3. The BMC has issued tenders for demolition. “Though we have not finalised the contractor,the BMC can also demolish the flats itself,” said Adtani.
mumbai.newsline@expressindia.com
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