SC stays demolition of Campa Cola apartments

Out of nine structures originally proposed in complex, only seven have been built, leaving enough FSI to accommodate present members of housing society

The Supreme Court on Wednesday stayed the demolition of the Campa Cola apartment complex in Mumbai till May 31 next year, after Attorney-General Goolam Vahanvati suggested a compromise formula to avoid “human problems” caused by earlier orders.

According to the broad outlines he suggested to a Bench headed by G S Singhvi, of nine structures originally proposed in the complex, only seven have been built, leaving enough floor space index (FSI) to accommodate the present members of the housing society. Thus, there is room to construct a new building. Those who are going to lose their accommodation may be put up in the new structure. The rules regarding FSI have also changed, allowing the housing of all affected residents, said the attorney-general.

This would provide a “permanent solution” to this deadlock, the counsel said, adding it would also “uphold the majesty of law” without condoning the irregularities in the present buildings.

The judges and the attorney-general were unanimous in their opposition to issuing an ordinance to save the members of the housing society. Earlier, the advocate-general of Maharashtra had also rejected the proposal, floated in certain quarters.

The judges noted the attorney-general’s proposal and granted him time till next Tuesday to put his proposal in writing. They asked the residents’ counsels, F S Nariman and Mukul Rohtagi, to find out whether the proposal would be acceptable. The court observed the suggestion seemed reasonable.

“It is not merely a legal issue, but a human problem,” the court observed. “We were badly disturbed by the events reported by the media last evening... we were disturbed.”

Earlier in the morning, the court took suo motu cognizance of the news reports and stayed the demolition. In the afternoon hearing, the court ordered that the Mumbai Municipal Corporation shall not carry out the demolition till further orders.