The Supreme Court on Friday agreed to hear on Tuesday a fresh plea of residents of illegal flats in ampa Cola housing society who have been asked to vacate their premises by May 31. A vacation bench of justices J S Khehar and C Nagappan, which did not stay the eminent eviction of occupants and subsequent demolition of flats by the civic body, however, said that it would like to hear the plea of Campa Cola Residents Association on June 3.
"It is big human problem which will lead to eviction of 40 families living there," senior advocate Vikas Singh said. The association, in its fresh plea, has sought a direction to Maharashtra government and Municipal Corporation of Greater Bombay that they be asked not 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 Hon'ble 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 said.
It said 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. The plea said the state and the civic body, way back in 1985 and 1986, had decided to regularise the illegal construction.
"Direct the respondents to adhere to their decisions of regularising the construction as revealed from the letters dated July 03, 1986 and minutes of meeting dated July 23, 85...," it said.
The court, on November 19, last year, had asked the flats owners at the society to vacate their houses by May 31 as no specific proposal could be worked out to provide them space in the compound for construction of new building.
Earlier, on February 27, last year, it had ordered the municipal body to demolish the illegal flats. Later, on October 1, it refused to re-consider the earlier order and set November 11, last year as the deadline to vacate 102 illegal flats.
However, as the November 11 deadline approached, the residents protested the eviction. The court then took note of the media reports and extended the time till May 31 for vacating the premises. Besides seeking a stay on the eviction and demolition, the fresh plea also said that the matter be sent back to Bombay high court for fresh hearing on the basis of new facts procured under the Right To Information.
During one of the earlier hearings, the state government had said that there was a need for permanent solution. The then Attorney General G E Vahanvati had said unauthorised construction has to go but the flat owners should be given opportunity to build up building available in the campus without affecting the apex court order.
However, the suggested solution did not fructify. Seven high-rise buildings of Campa Cola Housing society were constructed between 1981 and 1989. The builders had permission for only six floors. One of the compound buildings, Midtown, has 20 floors and another building, Orchid, has got 17 floors.
