Priyanka Singh
Published on: September 20, 2022 at 21:22 IST
The Bombay High Court dismissed BMC’s plea to consider regularizing 300% of additional construction at Union Minister Narayan Rane’s Juhu residence.
Justices R. D Dhanuka and Kamal Khata observed that the corporation is determined to regularize, neglecting the law of the land. This regularization would also encourage unauthorized construction.
The bench, imposed a cost of Rs. 10 Lakh on Petitioner-Company owned by Rane’s Family to be paid within two weeks to the Maharashtra State Legal Services, while also observing, “They have admittedly constructed three times the permissible limit, also without CRZ permission.”
While refusing to order status quo, Justice Dhanuka said, “We have given two weeks’ time to demolish the structure.”
The court also dealt with a second petition by Kaalkaa Real Estates Pvt. Ltd., also a close acquaintance of Rane, sought permission from BMC considering a second regularization application u/s 44 of the Maharashtra Region and Town Planning Act (MRTP Act).
A bench headed by Justice Dhanuka had already dismissed Kaalkaa’s petition earlier on 23rd June, upholding BMC’s refusal to regularize 2/3rd illegal portion within the bungalow.
It is alleged that Rane had utilized the area of 2065 metre squares that is three time the permissible area of ~ 745 sq. meters.
Yet, BMC showed intentions on regularizing the application under Development Control and Promotion Regulation (DCPR) 2034 despite the bungalow receiving an Occupation Certificate under the older rules, to which Justice Dhanuka stated,
“Does the order passed by this court have no sanctity? This will be endless otherwise. Is the corporation sitting above the High Court? This is your stand; we will have to examine it.”
The BMC also submitted that the pending demolition decisions would be suspended.
The second plea by Kaalkaa was filed under the changed State Government.
During the hearing, Advocate Anil Sakhare gave the statistics that 226 sq.m additional FSI can be claimed by paying a premium to the State Govt. additional permissibility being TDR 538.18 sq. metres that can be purchased from the market, with 399 sq.m being available by handing over area for project affected tenements within 5 kms of the original plot.
On being asked by the court on the availability to just the petitioner or everyone, the BMC responded that the substance of the petition being based on different provisions of the DCPR Act, where the MRTP, BMC, and DCPR Acts fall silent.
Advocate Shardul Singh, appearing for Rane, assured the court of no delays in fulfilling his undertaking and would be done within 60 days after receiving Intimation of Disapproval (IOD) from the Govt.
The Substance of Matter –
March, 2022 – The Brihanmumbai Municipal Corporation (BMC) had issued orders against Aadish Bungalow, Juhu, asking the occupants/owners to demolish illegal extensions to the bungalow on their own; in the failure to do so, BMC would carry out such demolition and recover the cost from occupants/owners for the demotion.
In March, the Bombay HC stopped the civic body from acting against the bungalow where Union Minister Narayan Rane resides with his family, until an application regularizing the altercations is decided and later, three weeks.
The company made application for regularizing of parts of the premises that are alleged to be extension by making payment, while also submitting that there are no extensions.
The BMC rejected the application on June 3rd and Kaalkaa approached the High Court thereafter.