The residents are seeking review of the Court’s earlier order
The Supreme Court on Tuesday said it would hear the plea of Campa Cola flat owners on January 6. The residents are seeking review of the Court’s earlier order asking them to vacate the flats built in violation of the sanctioned plan. The residents moved the Supreme Court on Tuesday after they found old documents where the BMC had passed orders to regularise the work after imposing a penalty.
Last month, the apex court put a stay on the demolition of illegal flats in the residential complex and gave residents time until May 31, 2014 to vacate their homes. The court was told that the information about the payment of the penalty to the municipal corporation became available in response to an RTI query.
Documents in possession of residents show that the BMC passed orders to regularise the work carried out after imposing a penalty of Rs. 6.56 lakh. The residents showed a copy of a letter dated August 19, 1986 issued by Deputy chief engineer (city) stating that the then additional municipal commissioner had passed orders to regularise the work carried out, which was endorsed on October 1 that year.
The monetary penalty was imposed as the work was carried out as per amended plans and within permissible FSI limits. In September 1987, the BMC recalculated the penalty amount and the revised figure was Rs. 11,20,900.
As per the record of minutes of the BMC meeting held on January 15, 2002 “… the actual built up area existing on the plot is worked out and same is 19129.55 sq mts. The permissible build up area … as per last approved plan is 17355.45 sq mtr. As such there is 1774 sq mts of FSI imbalance on the plot under reference.”
“The area of 1774.10 sq mts has also been identified as the unauthorised area beyond permissible FSI,” said a resident.
“Unaware of these violations, the residents bought the apartments believing that they would get the occupation certificates in due course, as was the norm 25 years ago. Since 2005, the residents have been in litigation with BMC trying to defend their homes and save their families from being thrown on the streets,” said Ashish Jalan, one of the residents.