The Supreme Court, on November 13, stayed the demolition of unauthorised flats in the Campa Cola society in Mumbai on humanitarian grounds. The move raises several concerns.
First, some background. According to some reports, the 96 unauthorised flats in the Campa Cola complex in ‘maximum city’ were built by one of Mumbai’s original underworld dons, Yousuf Patel, about 25 years back and sold at one-third the market value. Residents were aware they had been built illegally, but purchased them as they were a steal; they felt they could get them regularised later.
The impending eviction of the residents and demolition of the buildings are not sudden developments. ‘Stop work’ notices had been issued during construction as far back as 1984.
The original architect’s licence was cancelled by the Bombay Municipal Corporation in 1984. Water supply was not sanctioned (residents had been ordering water tankers), nor were occupation certificates issued to this project in Worli — tell-tale signs of the illegality of the flats. The residents had engaged BMC in a prolonged legal battle, and taken the case to the Supreme Court.
The apex court rejected the contention that the flat-buyers were being penalised for an illegality committed by the builder. “There is no escape from the conclusion that the flat buyers had consciously occupied the flats illegally constructed by the developers/builders… they cannot seek a direction for regularisation of the illegal and unauthorised construction made by the developers/builders,” the judgment said.
Surprise reprieve
However, in a surprise move, the Supreme Court by an order on November 13 stayed the demolition of the flats, taking suo motu cognisance of media reports about the plight of the residents.
Whilethe Campa Cola Society residents heaved a sigh of relief, some people have started wondering about the double standards here. In the past, lakhs of unauthorised jhuggi-jhopris have been mercilessly demolished, whereas upper middle-class Worli is not quite as expendable.
Surely, the rules are not different for the poor and the rich. The difference is that slum dwellers, unlike the Campa Cola residents, do not have the wherewithal to launch a legal battle for 25 years, and they cannot afford to engage a top notch lawyer to fight their case. Nor can the poor draw the attention of the national media to their plight.
Wrong signals
If the demolition of the unauthorised portions is stalled either through the benevolence of the courts or through the issue of an ordinance for its regularisation by the Maharashtra government, it will send a wrong signal that well-to-do people can “manage” the system. It will encourage more such illegal constructions.
The larger picture is about the nexus between builders, civic officials and politicians to cut corners to make flats in the city, failing which the middle class is forced to stay in farflung suburbs.
Town planners should ensure planned and affordable development. The working of the municipal corporation needs to be revamped.
If the illegal constructions are not demolished, the lessons will never be learnt. The Supreme Court has realised these larger issues: it passed an order on Tuesday asking the owners of the unauthorised flats to vacate the premises by May 31, 2014. The occupants need to give an undertaking to this effect within six weeks, failing which the corporation can evict them.
(The author is a finance and management professional. The views are personal.)