Mumbai: CM rules out ordinance for Campa Cola residents

Maharashtra chief minister Prithviraj Chavan today ruled out direct intervention by passing an ordinance in favour of the residents of Campa Cola Housing Society in Mumbai. He, however, is willing to rehabilitate the residents who have been directed by the Supreme Court to vacate the illegal flats above the fifth floor of all the seven buildings by November 11.

The CM on Monday said the state government has taken the opinion of advocate general Darius Khambata, which is negative in nature. “I cannot go against legal opinion and set a wrong precedent,” he said.

On Saturday, a day after residents urged Chavan to defer the demolition plan and explore ways  of regularising the illegal homes, the state government  sought a legal opinion from Advocate General Darius Khambatta in this regard. In his first opinion submitted to the state in October, Khambatta had said  without explicit orders from the SC, the CM cannot issue an ordinance allowing for regularisation of illegal flats

Now Khambatta’s second legal opinion to Chief Minister Prithviraj Chavan also advises against issuing an ordinance in favour of legalising the Campa Cola compound buildings,  even as other independent legal opinions from judicial luminaries sought by the residents claim to the contrary.

Late on Sunday, Advocate Rajiv Nerula said, “Today we have submitted the two legal opinions to Chief Minister and both point out that Campa Cola Compound can be regularised within the law and it will not be contempt of court.”

Speaking at a Congress function to mark the completion of three years as chief minister, Chavan  added that the residents have admitted that they were in the know about the illegal flats since 2005.

“Even the SC has ruled against them, despite them having the best counsel,” he said.

“We are ready to rehabilitate residents on the lines of rehabilitation of Mumbra residents.”

On promulgating an ordinance that could give residents an immediate breather,  Chavan said, “We have seen the effect of wrong ordinance, which was issued by the Centre to save politicians with criminal backgrounds. We have rehabilitated Mumbra residents and if Campa Cola residents want, we can rehabilitate them too.”

A team of officials from the BMC’s Building Proposals department and the G-South ward will inspect the flats at 11 am on Tuesday.

The vacated flats will be sealed and the electric and gas supply will be cut off. Around 50 civic officials will be part of the demolition work.

Congress MP Milind Deora on Sunday wrote a letter to party president   Sonia Gandhi, senior counsel of the Supreme Court Fali Nariman, Khambatta and Union Law Minister Kapil Sibla stating, “If the Chief Minister and the state were to move faster in exploring legal options, we can hope for a favourable outcome.”