Affected residents of Campa Cola Compound in Worli, a society with six buildings, caught in a legal mess after the SC had two years ago upheld the action of the Civic administration in issuing them demolition notice, had sought clarification of the orders.
On Friday when the matter came up, a team of counsel for the residents that included Prashant Bhushan, Kamini Jaiswal and Prasenjit Keswani said that all they wanted was a clarification from the apex court that if they apply to the state, the government ought to consider their regularization plea since in any case, there was excess unutilized FSI on the plot.
The bench comprising Justices M Y Eqbal and Kurian Jospeh asked if any one had any objections if it allowed the residents' plea. Neither the state represented by counsel Aniruddha Mayee nor BMC represented by counsel Pallav Sisodia raised any objections and hence the court passed the order.
The bench clarified that its February and October 2013 judgments would not come in the way of the state considering any representation "for regularization in accordance with law.'' It disposed of the residents' application seeking clarification.
The six buildings were constructed in the 80s. The BMC however found that the developer had exceeded permission to build beyond six storeys, with one building going up even to 20 storeyes, illegal and sought to demolish the illegal floors.
The residents shad ought clarity on the possible actions that the BMC could take and said regularization is a possibility especially since there was permissible developable space available on the land and the civic body itself had earlier agreed to it and had even accepted part payment of penalty from the builder.
http://timesofindia.indiatimes.com/followceleb.cms?alias=Supreme Court,regularization,civic notice for demolition,Campa Cola
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