SC stays Campa Cola flats’ demolition after media siege

Wednesday, 13 November 2013 By Legally India Bar, Bench & Litigation

The Supreme Court today stayed the demolition of flats, which were illegally constructed more than two decades ago in the Mumbai Campa Cola society, reported the PTI.

A bench headed by Justice G S Singhvi passed the order after around 140 families living in the apartments had barricaded themselves in the compound to resist eviction to massive media attention, reported the WSJ.

The SC said that the residents in the illegal flats should move out in seven months and that the Bombay Municipal Corporation should delay the demolition until 31 May 2014, reported the Hindustan Times.

According to @Spread_Law on Twitter, Singhvi was “badly disturbed by the developments last evening”, with the disturbance remaining after the judge woke after four hours of sleep at 3:30am.

Senior counsel Fali Nariman had mentioned the matter.

Supreme Court

Comments

Guest 13 Nov 2013, 15:31
+0 -0
DEAR BROTHERS, THE TEMPORARY STAY ORDER IS/WAS EXTREMELY REQUIRED. IT WAS /IS ALSO A LEGAL DUTY OF THE BMC TO ENSURE THE ALTERNATIVE RESIDENCE OR PROPER REHABILITATION OF THE OWNERS OF UNAUTHORIZED RAISED CONSTRUCTION PURCHASER RESIDENT. THEY ARE NOT THE PART OF ILLEGAL CONSTRUCTION ON LEGALLY SANCTIONED MAP FOR CERTAIN HEIGHT. JUSTICE FACE MUST BE OF HAVING HUMAN APPROACH. ADMINISTRATIVE JUSTICE COMES THEREAFTER. MOREOVER, IT IS A CASE OF VIOLATION OF LOCAL SELF GOVERNMENT'S RULES. IT CANNOT BE DEEMED TO BE A CRIME OR OFFENCE AGAINST HUMAN BEING /SOCIETY. IN THE MEANTIME , UNDER ORDER 47,RULE 1 READ WITH SECTION 114 OF CIVIL PROCEDURE CODE ,1908 SHOULD BE SUGGESTED TO BE FILED BEFORE THE RESPECTIVE BENCH WITHIN PRESCRIBED TIME ALSO PRAYING TO REGULARIZE THE EXTRA RAISED CONSTRUCTION ON PAYMENT OF FINE.
Tired 13 Nov 2013, 16:19
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LI can you disable comments in capital as it is a bit hard to read them. Does legallydirect work?
why so serious? 13 Nov 2013, 16:33
+2 -0
If, tomorrow, I tell the press that, like, a slum will get demolished, or a truckload of poor people will be rendered homeless, nobody panics, because it’s all ‘part of the plan’. But when I say that one little old society will be razed, well then everyone loses their minds!
Time to get serious 14 Nov 2013, 12:29
+2 -0
Slums are generally illegal.. encroachment on govt/private land.

Campa cola case is different (do some reading please).. They are on legal land, they are within sanctioned FSI, they paid money to buy the flats, they paid stamp duties, registration fees and property taxes.. Do slum dwellers do that??

The builder did not stick to the sanctioned plan and constructed additional floors.. that is a violation but can be regularised.

That is why Campa Cola issue is different..
Alias 14 Nov 2013, 05:01
+0 -1
First Post had covered this issue quite nicely yesterday... suggest all to read it to...
kianganz 14 Nov 2013, 05:04
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Do you have a link by any chance to the article? There's been so much coverage on nearly all publications, including FirstPost, it's hard to figure out which one you mean...
Scooty 14 Nov 2013, 05:15
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[quote name="kianganz"]Do you have a link by any chance to the article? There's been so much coverage on nearly all publications, including FirstPost, it's hard to figure out which one you mean...[/quote]

http://www.firstpost.com/india/demolition-double-standard-if-slums-are-razed-so-must-campa-cola-1226613.html?utm_source=ref_article
kianganz 14 Nov 2013, 05:19
+0 -0
Thanks Scooty, good column but that was published today... :)

Here's a selection of FP coverage - not sure which is the one referred to:
https://encrypted.google.com/search?q=first post campa cola live#q=site:firstpost.com+campa+cola+&tbm=nws
Alias 14 Nov 2013, 06:57
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[quote name="kianganz"]Do you have a link by any chance to the article? There's been so much coverage on nearly all publications, including FirstPost, it's hard to figure out which one you mean...[/quote]

http://www.firstpost.com/india/demolition-double-standard-if-slums-go-why-not-campa-cola-1226613.html
R&D 16 Nov 2013, 03:03
+1 -0
Yet another instance of proof that the law works only for the rich. I have seen 3-4 cases where illegal extensions of small mechanic and carpenter shops were demolished. Even illegal extension of roadside temples onto footpath is demolished. But suddenly campa cola residents evoke sympathy from a SC judge, coincidentally a gujarati gentleman who may know indirectly some of the "victims". Shame on india
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