For Campa Cola residents, the writing is on the wall. With the BMC issuing eviction notices to occupants of illegal floors in the Worli society, chances of a respite are negligible. Experts said if the state government uses its power and makes use of some legal provisions, the razing of illegal floors can be prevented.
There are three days left for 100 families occupying illegal flats to vacate their homes before 35 floors in seven buildings are razed for FSI violations. Their only hope, experts said, is CM Prithviraj Chavan.
Experts said there are two important sections in the Maharashtra Regional and Town Planning (MRTP) Act which can be used to prevent Campa Cola residents from becoming homeless.
According to section 22 (m) of the Act, the state government has concurrent jurisdiction as planning authority and can grant additional FSI. It can charge premium in lieu of the same. The CM can give special permission to legalise the homes by using his discretionary powers.
Another option with the state government is to regularise the excessively used FSI under section 53 of the Act. Under this section, the authority can ask occupants to apply for regularising the illegal portions.
Apart from this, rule number 10 of the Maharashtra Development Plan, 1970, allows a person to apply to either the local planning authority or the state, stating why the structure is unauthorised.
“Since the developers went on doing illegal constructions in the Campa Cola case, the residents can point it out to the authorities,” said Aloukik Pai, advocate with the Bombay high court.
Advocate Makrand Narvekar, chief of BMC’s law committee, said, “The CM can’t remain non-committal over the issue as there is little time left. He should use his discretionary powers and give relief to residents.”
Narvekar said even if the state executes the sections, it will not amount to contempt of the SC order. “The government will be performing its statutory duty in this case. So, the court will not find anything wrong in it,” he said.
Similarly, the municipal commissioner has powers under section 64 (b) of the Development Control Regulation to regularise the homes. “Since the demolition orders have come from the apex court, the municipal commissioner will find it improper not to use the powers. The commissioner or the state can also file a review petition in this regard. But it depends on whether or not the court hears the petition and when. The court may even dismiss it,” another lawyer said.
Will look at legal options, says CM
CM Prithviraj Chavan along with South Mumbai MP Milind Deora and MLA Amin Patel met Campa Cola residents on Friday
Chavan assured them that he will look into all legal options and whether an ordinance can be issued in the regard.
Demolition saga continues
In 2001, Campa Cola Compound developers were fined under section 53 of MRTP Act. They became ‘free of guilt’ by paying Rs600 then. But provisions of the section say if the unauthorised floors or the building is occupied, the occupants are also entitled to get notices.
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