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This is an archive article published on September 15, 2013

SC relief for Campa Cola residents

Apex court allows flat-owners to approach BMC for regularising structures

With less than a month before the demolition of illegal flats in Worli’s Campa Cola compound,the Supreme Court Wednesday allowed the residents of the contentious buildings to approach the civic agency for regularisation of the structures.

Now that the flat-owners have withdrawn the application from the apex court,the ball is in the civic body’s court. The Brihanmumbai Municipal Corporation (BMC) will now have to decide whether to regularise or demolish the structures.

The residents of Campa Cola compound had filed an application in Supreme Court last week seeking permission to approach the BMC to apply for regularisation of unauthorised floors which are under the permissible Floor Space Index (FSI).

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A bench of Justices G S Singhvi and V Gopapa Gowda let the residents to withdraw their application and allowed them to approach the civic authorities.

“After making submissions for a while,Shri F S Nariman,senior counsel appearing on behalf of the applicants made a request that his clients may be permitted to withdraw the application with the liberty to approach the authorities concerned,” said the order. “The request of Shri Nariman is accepted and the application is dismissed as withdrawn with liberty in terms of the prayer made,” the order said.

Seven high-rise buildings were constructed at the compound between 1981 and 1989. Illegal floors of Midtown Apartments,Esha Ekta Apartments,Shubh Apartments,Patel Apartments (two buildings),B Y Apartments and Orchid Apartments comprise 140 flats. While the builders were granted permission for ground-plus-five floors,Midtown has 20 floors,Orchid has 17,Esha Ekta has eight,Shubh has seven and B Y and Patel have six floors each.

The BMC has issued tenders to demolish the unauthorised portions of the buildings. Following the Supreme Court verdict in February,BMC issued a 48-hour demolition notice to residents of the 35 unauthorised floors. However,residents approached the Supreme Court asking for regularisation of their unauthorised floors under permissible FSI.

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The SC later quashed their request and granted them time till October to vacate the flats.

Meanwhile,the residents have planned to approach the BMC for regularisation of about 67,000 sq ft,which is unauthorised but approvable and regularisable.

mumbai.newsline@expressindia.com

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