November 30, 2013

Doors are still not CLOSED by Supreme Court for CAMPA COLA building residents

Yesterday I read reported judgements of CAMPA COLA building residents.

Many things in judgement are there which are not reported in proper perspective by media.

I would mention here about only one thing not properly projected in media.

On Earlier date, Attorney General sought time to give some proposal to Supreme Court about alternative arrangement which can be made for residents of CAMPA COLA residents.

Supreme Court recorded his statement.

Next date, Attorney General said that after examining facts of this case, he has not
been able to come up with any concrete proposal.

So Supreme Court recorded his statement and passed order.

Doors are not closed.


If any proposal has to be made in this case, it has to come from Maharashtra Government. In Judgement, neither Maharashtra Government nor Central Government has said categorical NO.

Some burden is there on Maharashtra Govt because the buildings are there since about 1984 or so. About 29 years. Many owners may have changed. Many laws have been changed.

As per my limited understanding, what these legal obligations are on State Government is not clear from judgement. 

Perhaps, there appears lack of proper legal concepts in such cases. Buildings could be illegal. But residents are not illegal. If they were legal, they must also have some kind of right to live and to be protected against pick and choose type arbitrary implementation of laws. 

Others do not seem to be clear on this. I am also having no clues about legal obligations of State in such exceptional cases. The obligations can be political as well as legal, but I am not clear enough to specify them.

Supreme Court has not totally closed doors. Even today if Maharashtra Government or Central Government will go to Supreme Court with some concrete proposal, Supreme Court may not refuse to listen to them.


Haresh Raichura
30/11/13







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