New Delhi | Updated 6/3/2014 11:24:13 AM IST

New Delhi: The Supreme Court today 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 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. 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. PTI

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Demolition of flats in Mumbai: SC dismisses residents' plea

The high court, on Monday, stayed the demolition of two illegal floors of a housing society in Bangur Nagar, Goregaon. The Brihanmumbai Municipal Corporation (BMC) had issued a demolition notice to the society alleging that two of the top floors of the 22-storey building are illegal.

Sixteen families are presently occupying these floors of Manav Kalyan Co-operative Housing Society Ltd. The tenants had moved the court through advocates Mustafa Kachwala and Rakesh Misar of Kachwala Misar & Co.

The vacation bench of justices SC Gupte and KR Shriram, staying the notice issued in April, directed BMC to reply to the petition by Wednesday.

Kachwala said: "Till the next hearing date, the corporation has been stayed from taking any coercive action.

According to the petition, the society earlier comprised ten buildings (ground plus three floors). In 2010, it entered into a redevelopment agreement with M/s Kumar Builders, who then constructed a 20-storied building to house the (160) society members as approved by the corporation. But all the members could not be accommodated and 16 families were left out. The builder, hence, requested the corporation to allow him to construct two more floors.

In 2011, BMC issued a notice to the developer for demolishing the unauthorised floors. In response, the developer applied for regularisation of the illegal floors. There hasn't been any decision on this application yet.

On April 3, the civic body issued a second demolition notice. Though the developer replied to the notice through his advocate, BMC issued another notice on May 30. The society then moved the court.

In its petition seeking stay on demolition, the society has claimed the notice was arbitrary, contrary to law and/or without jurisdiction, violated natural justice and was perverse. It has further said that if the 21st and 22nd floors of A and B wing were demolished, 16 members of the society would be left without home.

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Bombay high court stays demolition of illegal floors of Goregaon society

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