EC approval asked by BMC to invite campa cola's illegal flats

Q: Hi, Have you heard that BMC asked permission from Chief Electrol Officer to demolish Campa Cola's illegal flats.

Rakshit, Mumbai

10th April 2014

Real estate News in Worli, Mumbai

legal isssue

mumbai municipal corporation

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Replies (6)

Hi all,
The residents of Worli's Campa Cola Compound believe that the Supreme Court's latest notice or watch have offered them a ray of hope. But legal experts are watchful in their opinion on whether this paves the way for regularization of the unauthorized floors of the compound's buildings.

Rakshit, Mumbai

10th July 2014

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Yep, i heard the news in TOI that Justices S J Mukhopadhaya and S A Bobde told the BMC's counsel that the court never told the residents to vacate and only said that the flats were unauthorized and also it had not specifically directed the BMC to demolish the illegal portions of the buildings. So, it is for the BMC to take action as per law, but no contempt of court is made out during action.

Bikram, Mumbai

10th July 2014

@Bikram,
The BMC now has to implement the demolition orders. However, Coastal Regulation Zone rules do not allow for amalgamation. So it's not just the BMC, but the Union ministry of environment and forests that is involved and whose approval is required. It is not going to be easy.

Rakshit, Mumbai

10th July 2014

@Rakshit,
Advocate Jamshed Mistry believes that the Supreme Court has inherent powers and even after the February 2013 order, a solution that is within the parameters of law could be found. Nothing prevents the court from making a suggestion to explore if a way out can be found. Because of this Campa residents are holding on to this hope.

Bikram, Mumbai

10th July 2014

HI all,
The Campa Cola case is a true eye opener for home buyers and co-operative housing societies and would make them vigilant while purchasing their dream flat.

Shantanu Kumar, Mumbai

26th June 2014

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Yah....you r absolutely right Shantanu,
It is due to lacunae in the laws and their oversight. What is shocking is that 96 flat owners from 7 high-rise buildings could be homeless over the next few days, while the lessee and builder benefit from the destruction of these flats.

Gurmeet,

26th June 2014

Well,
It is heard yesterday that the BMC lodged a complaint with Worli police on Friday against Campa Cola society secretary Ajay Mehta and 30 residents for obstructing them from doing their duty. Campa Cola society's deadline ends but not a single resident returns keys.

Shantanu Kumar, Mumbai

26th June 2014

But i am shocked that there are over 1 lac buildings in Mumbai which do not have any occupational certificate. There are nearly 56000 buildings which are exactly like the Campa Cola Societies. So my question to the state government is, that if you are going to demolish Campa Cola then why not the others? Why is only the Campa Cola society being targeted?

Gurmeet,

26th June 2014

I appreciate your view and would also like to say that there are many fundamental questions which come up. One is clearly that if you are punishing one, punish all. If you are going to target only the residents, what happens to the errant officials, the BMC officials and the builders who have got away scott-free?

Shantanu Kumar, Mumbai

26th June 2014

Hi all,
Have you heard the current news about the Campa Cola Societies. After three days of hard protest, the residents of Campa Cola compound in south Mumbai today opened the gates of their compound, letting in civic officials to disconnect water, gas and electricity supply to 96 illegal flats in the complex.

Sankalp, Mumbai

25th June 2014

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Yah,
It is really a sad news but they are doing their duty. The MCGM official said that they have only come to cut off the essential supplies peacefully as per the orders of the Supreme Court and will do nothing more than this.

Shantanu Kumar, Mumbai

25th June 2014

@Shantanu,
Residents have to do nothing after backing out from their stand of prohibiting the entry of MCGM officials in the compound, Maharashtra Chief Minister Prithviraj Chavan, had yesterday apologised to the civic body for the inconvenience caused to them.

Sankalp, Mumbai

25th June 2014

@Sankalp,
Even Ashish Jalan, a resident of the complex apologise to the BMC for the inconvenience caused. Their excuse was that they were trying to save their home only. The residents claim that Mr Chavan has assured them that their interests would be protected within the framework of the law. They were also given the assurance that there would be no demolition during the monsoon season.

Shantanu Kumar, Mumbai

25th June 2014

@Shantanu,
Situation are going worse and worse day by day. In this 18 month struggle they have realized that if they keep fighting, they are going to get nowhere. They are tired. In the past five months, they have lost four members and two fainted on the protesting day. Children are going hysterical, people are crying, hiding from the cameras. They can no longer see these tears said one of the resident.

Sankalp, Mumbai

25th June 2014

Hi all,
Do you know that Campa Cola residents now depend on politicians for defend. The residents of seven buildings which are to be partially demolished are now pinning their hopes on the politicians to save their homes once again after the Supreme Court ordered them to vacate their homes by May 31.

Shantanu Kumar, Mumbai

9th May 2014

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Hi Shantanu,
What are the residents reaction? Have they decided to relocate or will take some legal step?

Lalit Verma, Mumbai

9th May 2014

Well,
As per the news they are looking for some other legal ways. While some residents want Gujarat Chief Minister and BJP's PM candidate Narendra Modi to intervene, others want the BJP-Shiv Sena combine which controls the Brihanmumbai Municipal Corporation to use its powers to stop the demolition.

Shantanu Kumar, Mumbai

9th May 2014

Okey,
Is there any rays of hopes from any sides? According to me local body should issue an ordinance to to prevent the buildings from being demolished. Am i right or wrong?

Lalit Verma, Mumbai

9th May 2014

@Lalit,
Yes, you are right even Mumbai's mayor Sunil Prabhu said after meeting with the residents that the Maharashtra Government should issue an ordinance to prevent the buildings from being demolished.
While Chief Minister Prithiviraj Chavan has promised to support the residents, Mumbai's Municipal Commissioner Sitaram Kunte has also announced that the civic body will soon issue a tenders to stop the demolition.

Shantanu Kumar, Mumbai

9th May 2014

But the opposition parties are alleging that some division of the ruling party may be colluding with builders to demolish parts of different buildings to render them unsafe. Mayor Prabhu felt that the government was within its powers to rein in Kunte.

Shantanu Kumar, Mumbai

9th May 2014

Hi all,
It is really a sad news for Campa Cola Society Residents that Supreme Court's ordere to residents to vacate their homes by 31st May.

Ashish Bhoite, Mumbai

6th May 2014

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It is also mention in the court order that it will not give the residents any more time to vacate the flats. The court has already given the residents 7 months in last year but there was no relocation plan in place. What will they do now?

Jerome Fernandez, Mumbai

6th May 2014

Well,
It is a Supreme court's decision so nobody can do anything except issuing another ordinance for modulating building.

Ashish Bhoite, Mumbai

6th May 2014

What is the residents reaction towards BMC now? What does local body say?Are they ready to relocate?

Jerome Fernandez, Mumbai

6th May 2014

Well,
The residents are saying that BMC has done nothing to escape them from being homeless. They are very surprised that no one is paying attention towards their complaint. Chief Minister Prithviraj Chavan and municipal commissioner Sitaram Kunte have totaly different opinion on the Campa Cola dispute. While Chavan has told the residents that he will take up the demands in the assembly.

Ashish Bhoite, Mumbai

6th May 2014

@Ashish,
Is there any other way to escape from this issue and residents get their homes back?

Jerome Fernandez, Mumbai

6th May 2014

@Jerome,
In the meanwhile, city mayor ask for that the state government matter edict to modulate the building. In previous cases it has seen that the state regularised unauthorised structures by issuing an ordinance. It should do the same in the case of the Campa Cola buildings.

Ashish Bhoite, Mumbai

6th May 2014

Yes i know for that the BMC has written to the chief electoral officer seeking permission to appoint a contractor to demolish 35 floors across seven buildings in Worli’s Campa Cola society.

Ashish Bhoite, Mumbai

10th April 2014

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