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Supreme Court to hear Campa Cola illegal flats case on January 6

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Unauthorised flat owners of Mumbai's Campa Cola Society today made another attempt in the Supreme Court to get protection from vacating the premises by claiming that documents have surfaced to show there was a proposal for its regularisation.

 

"Application under Right to Information (RTI) Act was filed and documents have come showing lakhs of rupees were paid for regularisation," senior advocate Mukul Rohatgi, appearing for unauthorised flat owners, submitted before a bench of justices H L Dattu and C Nagappan.

He said the civic body did not inform the court about the issue of regularisation.

The submission was made by him while arguing that in the light of the fresh documents, the apex court should recall all its previous orders which resulted in directing unauthorised flats owners to vacate the premises by May 31, 2014.

However, the bench expressed its inability to entertain the plea for recall of its orders and asked the society to explore the possibility of filing a petition for review of its judgement and directions.

"You file a review petition and seek hearing in open court," the bench said while posting the matter for January 6.

At the outset, Rohatgi reminded the bench that before the final order of November 19, Attorney General G E Vahanvati had spoken about finding some solution for the residents but later he expressed his inability to give any relief and in the meantime the RTI application was filed.

The apex court on November 19 had asked unauthorised flats owners at the Campa Cola Society to vacate the premises by May 31, 2014 as no specific proposal could be worked out to provide them space in the compound for new construction.

The apex court had passed the order as the Attorney General had said, "after considering all aspects we are not in a position to work out any specific proposal". 

The apex court bench headed by Justice HL Dattu directed the listing of the matter Jan 6 after senior counsel Mukul Rohtagi told the court that the residents of the flats described as irregular have already paid their penalty to the Brihanmumbai Municipal Corporation to get the structure regularised.

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