New Delhi, Dec 17 

The Supreme Court Tuesday said it would hear Jan 6 the plea by Campa Cola Society flat owners seeking the recall of its earlier order asking them to vacate the flats built in violation of the sanctioned plan.

The apex court bench headed by Justice H.L. Dattu directed the listing of the matter Jan 6 after senior counsel Mukul Rohtagi told the court that the residents of the flats described as irregular have already paid their penalty to the BrihanMumbai Municipal Corporation to get the structure regularised.

The court was told that the information about the payment of the penalty to the municipal corporation became available in response to an RTI query. The court was told this information was not available with the court in its earlier hearings.

The apex court by its Nov 19 order had set May 31, 2014, deadline for owners of 96 unauthorised flats in Mumbai-based Campa Cola society to vacate their homes.

The apex court order by the bench headed by Justice G.S. Singhvi (since retired) came after Attorney General G.E. Vahanvati informed the court that no specific proposal can be given to find an alternate solution.

The Attorney General made the statement as he was asked in the course of an earlier hearing of the matter to suggest a way out of the situation in consultation with the affected flat owners.

The court by its Nov 19 order had said that the affected flat owners will give an undertaking within six weeks, stating that they will vacate their flats by May 31, 2014.

The apex court had said that the BMC will be free to proceed against those flat owners who do not file the undertaking to comply with the May 31 deadline.

The apex court earlier this year had said that these flats have to be pulled down because of violation by the builders. These flats were constructed three decades ago.