The Campa Cola Residents Association had filed the petition saying the BMC had suppressed the fact that in 1986 it had agreed to regularize the illegal floors and even collected more than Rs 6 lakh of the Rs 11 lakh penalty imposed on Pure Drinks Pvt Ltd, the concern that owned the Worli plot and developed it. Citing documents obtained through RTI, they said the civic body must be asked to regularize the floors as that— and not demolition—was what it had intended to do. But a vacation bench of the apex court dismissed their petition.
Justices J S Khehar and C Nagappan declined to even give the residents time till the regular bench could hear the new plea. It dismissed their petition, paving the way for the BMC demolition squad to get cracking.
Residents who were in the SC for the hearing sounded solemn and defeated. In the city, families began packing their belongings to empty their homes of three decades.
Last week, the BMC had set June 2 as the deadline for the residents to hand over the keys. Even the Supreme Court had extended an earlier deadline to May 31 for the residents to vacate their flats.
Last February, the SC had ended the long-drawn battle between the two sides over the demolition notice issued almost two decades ago by upholding the knocking down of all 96 illegally constructed flats. The residents had decided to take a last shot based on "new information not submitted in court so far". Their plea in the SC was for directions to the BMC to "adhere to its decision of regularizing the construction as revealed from the letters dated July 3, 1986, and minutes of the meeting dated July 23, 1985". They claimed that they were innocent victims of the process and complicity between BMC officials and developers, and over 66,000 square feet of space could be regularized after seeking green clearance.
The BMC said the residents had made several attempts to delay deadlines in the past and it plans to immediately begin the demolition process.
The Supreme Court, in its judgment, held that the residents could not be deemed to have been all that innocent as they had bought flats known to be unauthorized. The order gave the BMC the confidence to change its strategy from being passive to actively trying to evict the residents from their homes. After waiting and watching all this while, the BMC will now issue a notice under Section 488 of the BMC Act informing the residents that it will enter their premises and give them a time period to vacate their homes.
"There is no point asking them to vacate their flats," additional municipal commissioner Mohan Adtani said. "They will not be doing that now, so we will issue notices that we will be entering their premise to execute the court order."
The BMC had called for tenders to demolish the illegal floors for a fourth time as it failed to get any response from contractors. Adtani said the civic body would now decide whether to still approach the courts against the residents by filing a contempt of court petition or just begin the eviction. "We will also seek police protection," Adtani said, adding, "We will decide when to enter the premise and to start the demolition in a day's time after receiving the court order."
Senior counsel Milind Sathe said the BMC would have to invite bids from contractors to carry out the demolition as it did not have the requisite machinery. "How soon or whether it does get viable bids will have to be seen," Sathe added.
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