Two Nerul building residents asked to pay EMIs even after building face demolition threat

At least 20 families living in two illegal buildings--Krishna Complex and Trimurti Park--in sector 16 A, Nerul will continue to pay the equated monthly installments (EMI) even though their buildings will be demolished by the Navi Mumbai Municipal Corporation following a Supreme Court order. In November 2022, the Supreme Court (SC) refused to stay the Bombay High Court order of demolishing the towers built on land reserved for a public garden. A total of 165 families are living in these two buildings which were constructed on land reserved for a public garden. While many families bought the house with their own money, a substantial number of home buyers took out loans from banks. According to an officer bearer of Trimurti Park, at least 20 families in both buildings are still paying EMIs. “One family completed the EMI last month while 20 families are still paying even when they know that the buildings have already been declared illegal and they can be demolished any time. “They have no option but to the EMI,” said the office bearer.

No respite from Supreme Court

The 160 families living in the “illegal” buildings have exhausted almost all legal options to save their homes from demolition. The fact that their buildings were built illegally came as a rude shock to them as the builder had suppressed the details, said one of the residents. Their last hope vanished in November last year when the Supreme Court (SC) declined to stay the execution of the Bombay High Court's order to demolish the building constructed on land earmarked for a public garden. Despite their dejection, the residents are determined to persevere in the legal battle, yet uncertainty looms as discussions with lawyers remain inconclusive. Experts suggest that their sole recourse may be to file a review petition challenging the SC's decision.The Supreme Court had granted residents a six-month grace period to vacate the towers, contingent upon submitting a written undertaking committing to relocate within this time frame. NMMC also issued notice to residents to vacate the building following SC order.

Illegal construction issue raised in Assembly

While residents of these two buildings are living in constant fear of demolition, their trouble doubled after Hingoli MLA Santosh Bangar raised an illegal construction issue in the house and sought a reply as to why NMMC failed to take action against two illegal buildings despite Supreme Court order. NMMC administration replied to the assembly query. However, the civic body also called both society office bearers and reminded them to vacate the premises as early as possible.

Reminiscent to Campa Cola, Worli

Around160 families residing in Krishna Complex and Trimurti Park find themselves in a situation reminiscent of the challenges faced by the residents of Campa Cola in Worli a decade ago. In 2013, the Supreme Court declared all 35 floors of Campa Cola illegal, mandating their demolition. The court's verdict underscored that residents had knowingly purchased unauthorized flats. Despite the persistent efforts of around 230 families, who approached both the High Court and Supreme Court multiple times seeking a stay on the order, their pleas were met with no reprieve. In June 2014, the Brihanmumbai Municipal Corporation (BMC) gradually cut off water, electricity, and gas connections to Campa Cola, compelling residents to ultimately comply with the demolition orders.

How did the developer skip from punishment?

Civic activist Rajeev Mishra expressed concern, noting that although a review petition is an option, obtaining relief through this avenue may prove formidable. "It's regrettable that only home buyers bear the brunt of illegal constructions, while builders and complicit officials manage to evade punishment," he lamented. Resident Kiran Dhandrut revealed the financial strain the legal battle has imposed, stating, "We have already spent around Rs 50 lakh, and many families can no longer afford to sustain this legal fight."