OWNERS COULD HAVE NEVER KNOWN THAT FLATS WERE ILLEGAL

1. 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 cola
flats 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. 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 the
earlrly 80's that the builder is going to commit FSI
violation in 88-89?

3. 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.