In a major relief to the residents of Mumbai’s disputed Campa Cola Society, the Supreme Court on Friday allowed them to approach the Maharashtra government with a request to regularise the unauthorised flats facing demolition.
The residents are facing eviction and demolition of 96 apartments across 35 illegally built floors in seven buildings of the Worli society in South Mumbai. The flats were built without the required permission from Brihanmumbai Municipal Corporation (BMC) and hence were declared illegal. More than 140 families have been residing in the complex for the past 25 years.
A bench headed by Justice MY Eqbal, while clarifying its February 27, 2013, order, said that on receiving the representation from the residents the state government shall consider regularising the disputed structures as per the law. Even the SC had earlier indicated that it wasn’t averse to the new government in Maharashtra coming to the aid of the residents.
In its February 2013 judgment, an SC bench headed by Justice GS Singhvi had upheld the BMC’s demolition order to pull down the illegal building. On October 1, 2013, it refused to reconsider its February order and set November 2014 as the deadline to vacate illegal flats. Later, their request against demolition was rejected on the ground that “every case has a humanitarian issue. Otherwise there was no need for having courts”.
On a fresh plea by residents who wanted to negotiate with the BMC, a bench headed by Justice SJ Mukopadhyaya sought a response from the state and the BMC on whether another chance could be given to the residents.
