Campa Cola Compound

11th November, 2013102 homes of law abiding citizens to be demolished

Tragic. Avoidable.Imminent.

Real people. Real homes. Homeless on Nov 11.

Campa Cola CompoundImminent. Tragic. Avoidable.

• Constructed between 1980-1989• Cluster of 7 buildings

in Worli, Mumbai• 236 flats• 1000 plus residents• Middle income group

BackgroundCampa Cola CompoundImminent. Tragic. Avoidable.

Campa Cola Compound

The story so far

2011Residents denied relief in High Court

• Builders develop 7 buildings.• Violate sanctioned plans.• Defy stop work notices.• Construct beyond FSI limits.• Sell flats to purchasers.• Conceal facts. • Builders do not provide OC and

conveyance.

2005• BMC issues demolition notices

for all structures beyond sanctioned plans.

• Members obtain a stay order in City Civil Court.

2010The City Civil Court evicted the stay by way of an interim order.

2013Supreme court also denies relief.

Pre 2005From purchase till date residents have: • paid stamp duties and registration

charges on purchase agreements• Property taxes paid up to date• Obtained housing loans after

reputed banks investigated title

1980-1989 2005 2010-2013

Campa Cola CompoundImminent. Tragic. Avoidable.

Nov 11, 2013 final date for demolition

The Core Issue

SqMtrs

Flats

Area in Percentage

Permissible FSI 17,355 212 100%

Total Constructed Area 19,129 236 110%

Beyond FSI Permissible Limit

1,774 22 10%

Demolition as per Supreme Court Order

7,916 102 46%

Area within permissible FSI limits but to be demolished

6,142 80 35%

• The excess area constructed is only 10% more than permissible FSI

• But the Supreme Court order calls for demolition of ALL FLOORS above sanctioned plans

• Therefore, >75% of the area to be demolished is actually within the permissible FSI

• Residents willing to self demolish excess FSI, but this plan was REJECTED by the BMC

Campa Cola CompoundImminent. Tragic. Avoidable.

The Core Issue simplified Campa Cola CompoundImminent. Tragic. Avoidable.

Series10

10

20

30

40

50

60

70

80

90

100

Additional 36% area to be demolished as per Supreme Court, but which is within permissible FSI limit.

Only10% of area exceeds permissible FSI

The Maharashtra Regional Town Planning Act 1966 clearly allows one to retain unauthorised construction within permissible FSI limits. This application was denied by BMC.

Is this fair?

At Fault

BUILDERS

• Built beyond approved plans• Kept flat buyers in the dark• Did not provide Occupation

Certificate and Conveyance

BMC

• Ignored construction beyond approved plans

• Collected property (and other) taxes for over 20 years

• Collected regularisation charges of Rs. 6,56,800 in 1986

Being Punished

CAMPA COLA’S FAMILIES

• Kept in the dark by builders• Not allowed any remedies by BMC at

ANY STAGE in the process• Under threat by 2 builders who are

developing adjoining plots and want to exploit their plight by grabbing their land

Campa Cola CompoundImminent. Tragic. Avoidable.

Repercussions/Questions?

50,000+ buildings in Mumbai without OC. What will happen to people living there?

Validates perception that BMC and builders are above the law

Loss of faith in system

Innocent, tax-paying, law-abiding citizens of India will lose their HOMES and LIFE-SAVINGS for no fault of theirs

Many Senior citizens affected? Who will provide them a home.

How did this case move so fast suddenly?

Why no consequences for the real perpetrators?

A unique and guaranteed proposal to self demolish was REJECTED? This defies logic.

Campa Cola CompoundImminent. Tragic. Avoidable.

Opens Pandora’s box. Builder mafia will target such properties and more innocent people will lose homes.

There is a solution within the frameworkCampa Cola CompoundImminent. Tragic. Avoidable.

Ordinance by the Chief Minister of MaharashtraThe Chief Minister has the power to regularize the construction by passing acts or ordinances.

This has been done before in Maharashtra and other states

The Karnataka Regularization of unauthorized construction in Urban Areas Act, 1991 A building was regularized after a Supreme Court judgment clearly directed demolition of unauthorized floors of a particular building.

KARNATAKA

Maharashtra Ordinance No. 1 of 2006.An ordinance to regularise unauthorised developments in the city of Ulhasnagar and for matters connected therewith or incidental thereto.

Maharashtra Gunthewari Development (regularisation, Upgradation and Control) Act, 2001

MAHARASHTRA

Jharkhand Regularisation of Unauthorized /Deviated Constructions through Compounding in Urban Area Ordinance, 2011.

JHARKHANDPolicy for Compounding/ Regularisation of unauthorized colonies notified under the provision of The Punjab Laws (Special Provisions) Act, 2013 in 21st August, 2013.

PUNJAB

Tamil Nadu, Gujarat and Andhra Pradesh

AND OTHER STATES

Humble Plea

Dear Chief Minister,

This tragedy can be averted.

Please act before it is too late.

Save our Homes

Campa Cola CompoundImminent. Tragic. Avoidable.

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Please Help UsCampa Cola CompoundImminent. Tragic. Avoidable.

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