Chavan was equivocal on Friday on the subject of promulgating an ordinance to save the 96 illegal flats in the seven buildings of the Worli compound. "We had referred the Supreme Court order to the attorney general, who opined that there is no option but to implement the court verdict. Still, we will legally examine the issues raised by the aggrieved flat owners," Chavan told TOI.
State govt cannot issue ordinance to halt Campa Cola demolition: Official
BMC to take police help to vacate flats
Chief minister Prithviraj Chavan has said that the issues raised by the affected residents of Worli's Campa Cola society will be examined within the framework of law.
The chief minister said he had received "a call from Delhi'' over the Campa Cola compound issue, but refused to identify the caller. He merely remarked that many people in Delhi were "concerned".
The deadline for the evacuation of the illegal apartments ends on November 11.
A high-ranking bureaucrat said the state government will not be able to issue an ordinance to protect the illegal flat owners in view of the opinion expressed by the attorney general. "The opinion was clear. As such, the BMC will have to demolish the illegal flats as per the Supreme Court directive," he said on condition of anonymity.
The BMC, the official said, has already chalked out a plan for the demolition process. On November 12, additional municipal commissioner Mohan Adtani will hold a meeting to review how many illegal apartments have been voluntarily vacated. The empty ones will be sealed and their internal walls torn down. The flats that have not been emptied will lose their water and power supplies and then cleared with the police's help. "The occupants of the illegal flats had given an undertaking before the SC that they will vacate the apartments. We expect them to abide by their promise," the official said.
The bureaucrat said a fresh tender may be invited for the final demolition of illegal flats. "Once all the unauthorised flats are made uninhabitable, we will call for fresh tenders to demolish them. The whole exercise may take about three to six months. After this is over, new water tanks will be built on the sixth floor."
On action against the errant builder and developer, the bureaucrat said the apex court has suggested that the occupants of the illegal flats sue them for compensation and the BMC initiate legal proceedings against them.
Different strokes
Apr 2013: BMC decides on a three-phase process involving demolition of non-loadbearing elements in the first stage and then the structural elements in the later stages.
May: Plan is shelved after SC gives residents five more months to vacate flats.
October: BMC invites tenders and plans to award demolition contract to Landmark Corp, which made a joint bid with Keman Enterprises. Estimated demolition cost: 2.8cr.
Oct: Municipal corporation's standing committee rejects tender
New plan of action
Senior officials say the BMC will survey the Campa Cola buildings after Nov 11, the deadline for the evacuation of the illegal flats. To begin with, they will seal the apartments voluntarily vacated and tear down their internal walls to make them uninhabitable. The flats that have not been vacated will lose their water and power supplies and then be cleared with the help of the police. Once all the unauthorised flats are left uninhabitable, fresh tenders will be called for the final demolition. The whole exercise may take three to six months.
How it developed
1962: BMC leases 19,907 sq m of industrial user land in Worli to Pure Drinks
1980: State permits land-use change to residential for 13,000 sq m
1980-1982: Pure Drinks appoints developers for construction of residential buildings
1981: BMC approves plans for six buildings, comprising basement, ground and five upper floors
1983: Amended plans proposing nine buildings of ground-plus-five storeys, with a built-up area of 17,350 sq m, approved
1984: BMC rejects developers' new plans for buildings comprising stilt and many upper storeys
1984: BMC issues stop-work notice on further construction
1986: Developers pay 6.6 lakh as penalty for regularization of buildings
1986: BMC imposes additional penalty of 4.6 lakh, refuses to lift stop-work notice and/or regularize construction. Developers don't pay additional penalty
1984-1989: Developers continue the construction
1982-1989: Flats are sold and buyers granted possession. Purchase agreements mention the submission of plans but not their rejection
1991: Municipal body starts prosecuting the developers
1991-2010: Several petitions make their way into courts
2010: Campa Cola Residents' Association moves Bombay HC for regularisation of illegal construction
2011: Bombay HC, through a common order, dismisses all appeals
2013: Supreme Court disposes of all appeals and upholds the demolition of illegal floors
Apr: BMC issues 48-hour eviction notice to society
May: SC stays demolitions and gives flat owners till October first week to vacate
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