SC approves demolition in Mumbai residential complex

Some 35 flats in residential complex will have to be demolished for unauthorised construction

The Supreme Court on Tuesday dismissed Campa Cola Residential Association’s appeal to stop one of the largest drives to demolish residential buildings in Mumbai.

It is believed about 35 flats in the residential complex would have to be demolished due to unauthorised construction. The residents have been allowed time till November 11 to vacate the premises. During the prolonged litigation, three quarters of them left on their own.

Representing the Greater Mumbai Corporation, Attorney General G E Vahanvati told a bench headed by G C Singhvi the constructions hadn’t secured several mandatory approvals.

He insisted the Supreme Court’s order passed in May this year must be implemented — all floors above the fifth must be demolished. Mukul Rohtagi, counsel for the residents, said if the order was implemented, hundreds of families would be rendered homeless.
 
He argued there were discrepancies in the computation of the area and height and, therefore, the corporation should be asked to calculate the figures again.

The court said there were a series of petitions in the Bombay High Court and the Supreme Court and new questions couldn’t be raised at this “belated” stage. The residents were barred from filing more petitions, though they were free to sue the builder.