New Delhi, June 3
The Supreme Court today refused to stay either the eviction of 140 families or demolition of their illegally constructed flats in Campa Cola Housing Society in Mumbai.
“Don’t take the court for a ride. It is very, very bad. The case has been argued and decided so many times, but this fact was not disclosed in the writ petition,” the summer vacation Bench comprising Justices JS Khehar and C Nagappan told senior advocate Raju Ramachandran, who appeared for the society residents.
“The petition is misconceived and not maintainable,” the Bench said in the order. Ramachandran pleaded for a stay at least till the disposal of a curative petition filed by the flat owners as a last judicial resort, seeking to get the SC’s earlier order reversed. Ramachandran said he was making the plea on humanitarian grounds.
Unconvinced, the Bench said every case had a humanitarian angle. The senior advocate said efforts were already on to get the illegal constructions regularised by payment of enhanced fine and the first instalment in this regard had already been given. But the Bench said it was not inclined to entertain their plea.
In November 19, 2013, the SC had asked the flat owners to vacate their premises by May 31 as no specific proposal could be worked out to provide them space in the compound for construction of a new building. At earlier hearings, the Maharashtra Government had acknowledged the need for finding a permanent solution.
The society constructed seven high-rise buildings between 1981 and 1989. While the builder had the permission for only
six floors, one of the towers (Midtown) has 20 floors and another (Orchid) 17 floors. This resulted in litigation.
