Zee Media Bureau/Ritesh K Srivastava
Mumbai: With just two more days left for the Brihanmumbai Municipal Corporation (BMC) to start demolition of the illegal flats in the Campa Cola society in South Mumbai, the Bombay High Court is scheduled to hear two petitions in connection with the case on Wednesday.
As per reports, the Bombay High Court will hear two petitions challenging an order of Deputy Registrar of Cooperative Housing Societies granting `Deemed Conveyance` of land and buildings in favour of six societies in the Campa Cola compound in Worli.
The petitions, filed by the BMC and Pure Drinks Pvt Ltd, came up before Justice R Sawant on Monday who posted the matter for hearing on June 18.
the BMC claimed it was the owner of the land on which these buildings (facing demolition of illegal floors) stood, while Pure Drinks said it had obtained from the civic body the plot for 99 years on leave and licence basis.
Both parties said they were not heard by the Deputy Registrar while granting `Deemed Conveyance` (ownership right to housing societies and flat purchasers) on December 17, 2013 under Maharashtra Ownership of Flats Act (MOFA).
The HC had earlier directed that status quo be maintained on the order passed by the Deputy Registrar. The six societies are Shubh, Esha Ekta, Mid Town, B Y Apartments, Patel and Orchid buildings.
BMC argued it was the owner of the land and conveyance had been granted not only of the land but also of the buildings which are facing demolition. Also, the order was passed by the Deputy Registrar ex-parte.
It said the Deputy Registrar had passed the order despite the Supreme Court`s direction to the civic body to demolish the unauthorised portions of the buildings concerned.
The residents of the societies have argued that they were entitled to the conveyance as per MOFA.
It was also argued that Pure Drinks did not have any right or title and granting of conveyance to the housing societies does not take away BMC`s rights as owner of the land.
The residents claim that after getting `Deemed Conveyance`, they are entitled to apply for regularisation of illegalities committed.
However, on last occasion, the High Court had made it clear that BMC can go ahead with the demolition of unauthorised portions as ordered by the Supreme Court.
The civic body had argued that it had decided to take back its property in view of violations of the terms and conditions of the lease by Pure Drinks. A show-cause notice for cancellation of lease was issued to Pure Drinks, which had given development rights to a builder.
Separately, the BMC yesterday said that the entire demolition process will be filmed so that it could be presented as proof later in the courts if the house owners resist the move.
With PTI inputs