TOI reports that 140 flats in seven buildings in the Campa Cola building in Worli, Mumbai will be razed on Monday following a SC order that specified,that the Society cannot apply to any government or political body for regularisation. Now this stipulation that the aggrieved society cannot explore any remedy with the executive seems defying the reasoning of the need for fair justice.
It’s the case pertaining to a builder having violated the BMC order to stop work issued way back in 1970. The builder went ahead and completed the buildings. The residents are residing for a long time and have paid duly the taxes and charges to the BMC. And now it transpires that the laws have been violated hence the SC has ordered for demolition , putting to hardships to families which have many senior citizens too. SC must have thought well before issuing the order of demolition under circumstances.
But what happens to the BMC which seems very well a party to this illegality when it has been collecting the dues from the illegal building. Also a Building is not some intangible thing coming up without the notice of concerned officials stealthily. It is very solid structure visible to the naked eyes. Even when the occupation certificates are granted by the BMC it has the opportunity to turn down the request and pursue demolition immediately without letting the time pass by for the culprit to complete his intentions to hoodwink the authority and put innocent buyers to trouble, The BMC too should share the blame in this case and make good the loss to the flat owners. Its a clear case of the authority not functioning in a citizen friendly way by nipping the illegality in the beginning and now it has grown to monstrous proportion for SC to take strong view and order demolition ,as prima facie evidence of illegality is present. Justice will not be done unless all those responsible are punished.
The SC should have put the onus of providing for the loss due to demolition to the residents on the BMC squarely for its seeming connivance in the wrong doing. This would have sent a strong message that authorities who are responsible for enforcing the laws cannot get away by way of punishments from the courts only to the apparent doer of the act. The silent conspirator or the negligent state authority when bears the brunt from the courts the deference of punishment will be felt.
Since a considerable time has elapsed other remedies than demolition would meet the ends of justice in a more humane way. If demolition has to be carried out then SC must order BMC to bear the cost of a similar flat to all those who will suffer and recover from the assets of the officials responsible for this grave violation and negligence of duty as public servants.
