OWNERS COULD HAVE NEVER KNOWN THAT FLATS WERE ILLEGAL

The common perception is that the residents have knowingly bought illegal flats. So much so that even very high level govt functionaries have been heard saying that the sale agreements of flats in Campa colaflats read that the flats are illegal and the residents have knowingly bought illegal flats. This is preposterous for the following reasons: 1) The following clauses extracted from out agreement are the only clauses that talk about the plans not being approved. By no means of imagination can these clauses be construed as the members were aware of the illegality. There is not a single line in any of the member sale agreements that says that the residents were aware of the illegality.

Clauses from agreement:

2) More importantly, the construction was carried out from 1981 till 1988-89. There were 5 small buildings and 2 TOWERS that were finally built. The smaller buildings were all ready by about 1985. One tower was ready by 1986. The last tower was ready by 1988-89.

3) As per the Chief Minister order dated 4/62010, there is only 1774 sq.mt. of FSI violation, "as measured by the MCGM staff". This amounts to only 10% of the "permissible and sanctioned FSI" of 17,355 sq.mt. The area of the last tower is about 3,100 sq.mt. Hence the violation had to have happened only when the last few floors of the last tower got completed in about 88-89. How could members have found out in theearlrly 80's that the builder is going to commit FSI violation in 88-89?

4) Some residents moved into their fully constructed buildings in 1985 and were told they would get the OC once the whole complex is completed.

How were they to know that the excess FSI would be utilised in 1988 and they deemed " knew flats were illegal when purchased"

5) How could 20 and 17 stories buildings be built on a foundation of 5 storey buildings? The BMC was obviously working in collusion with the builders back then. Even today they are working in collusion with the new builders by refusing to accept the legitimate solution put forth by the residents and vehemently insisting on bringing the CCC buildings down.

6) Being a layout plan, the residents have now identified flats that they are willing to demolish, to being the total constructed area within the permissible FSI. They are willing to correct and pay for the wrong committed by the builders. But the state govt and the BMC is refusing to accept this solution.