SC asks AG to look into Mumbai society flat owners’ plea

supreme courtThe Supreme Court Monday asked Attorney General GE Vahanvati to look into fresh material presented by owners of unauthorised flats of Mumbai’s Campa Cola residential complex, who are faced with eviction by May 31, 2014, in line with an apex court order.

A bench of Justice Sudhansu Jyoti Mukhopadhaya and Justice Kurian Joseph gave Vahanvati two weeks to look into the new material.

The matter was listed for hearing on Jan 20, after a bench of Justice Mukhopadhaya and Justice V Gopala Gowda Dec 17, 2013, had said that it appeared that earlier a review petition was filed by the applicant for review and recall of the order dated Feb 27, 2013, but dismissed on Oct 22, 2013.

“In view of dismissal of such petition for recall and review, we are, prima facie, of the view that the second Petition for same relief is not maintainable in absence of any liberty obtained by parties in the earlier review application,” it had then said.

Since the counsel for the petitioner Midtown Apartments Co-operative Housing Society Ltd. had sought time for seeking instructions, the court had directed the listing of matter on Jan 20.

The apex court by its November 19 order had set a May 31, 2014, deadline for owners of 96 unauthorised flats in Mumbai-based Campa Cola society to vacate their flats.

The Nov 19, 2013 order was passed after apex court taking suo motu cognizance of the newspaper reports that the BrihanMumbai Municipal Corporation, in pursuance to an earlier order of apex court, had moved in to demolish 96 flats of the Campa Cola housing complex.

The apex court had asked the Attorney General to submit a proposal in consultation with the flat owners as to how to deal with the situation.

However, the court set the deadline of May 31 for the compliance of its Feb 27, 2013 verdict, after on November 19 Vahanvati informed the bench headed by Justice GS Singhvi (now retired) that no specific proposal can be given to find an alternate solution to save unauthorized flat owners.

(Source: IANS)

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